DUI Law
What constitutes driving under the influence (DUI) depends on the law of the state where you commit the offense. Majority of the states, however, consider you to have committed a DUI offense if the following facts or elements are present:
* That you are driving or operating a motor vehicle; and
* That you are under the influence of either a liquor or drug, or that your blood alcohol level (BAC) is over the legal limit.
While a motor vehicle is typically a car, it can also be a motorcycle, a truck, a tractor, a golf cart, or even a bicycle. The legal limit of BAC in most states is 0.08 percent, or at least 0.01 percent for persons below 21 years of age.
If you are arrested for violating a DUI law in states where illegal per se laws exist, it does not matter whether you are actually intoxicated or the alcohol has in fact affected your behavior. The only crucial requirement is that your BAC level actually meets or exceeds the legal limit. In these states, the prosecution is only required to prove that you were in physical control of the motor vehicle on a public road, and your BAC level was beyond the legal limit. Physical control does not necessarily mean that you are actually driving the vehicle; it is sufficient that you are behind the wheel in a position to drive while pulling over to get some rest.
In states where illegal per se laws are non-existent, the prosecution needs to present further evidence in addition to the result of your BAC level. The evidence may include observations of the arresting police officers as to the symptoms of the influence of alcohol, such as smell of alcohol on your breath, or bloodshot eyes.
In either case, however, an experience DUI lawyer can help you get an acquittal, or at least a lesser penalty for the DUI offense charged against you.