(DUI) Driving Under the Influence
A person is guilty of Driving Under the Influence if all the following can be proven by the state:
- The defendant was in actual physical control of a vehicle (car, truck, motorcycle, bicycle, boat, motorbike).
- The person was under the influence of alcohol, a chemical substance, a controlled substance; to the extent that one’s normal faculties are impaired.
- If the person has a blood alcohol level over the legal maximum (.08% in most states, 0.1 in a minority of states), you can be found guilty of DUBAL (driving with an unlawful blood alcohol level) or the law creates a rebuttable presumption of impairment.
Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.
Actual physical control means physically in or on the vehicle and has the capability to operate the vehicle, regardless of whether you are actually operating the vehicle at the time.