DUI

is drunk driving.” This statement is actually true: a charge for driving under the influence does not require a person to act like they are drunk, such as slurring or being unable to walk correctly.

Instead, the law considers the blood alcohol concentration of the driver to determine whether they are driving under the influence. If your blood alcohol concentration is .08 percent or above, DUI charges can be brought against you. Your BAC creates the presumption you are too impaired to drive, even if you actually aren’t.  A prosecutor doesn’t have to prove you were impaired to convict if the prosecutor can prove your BAC was too high while behind the wheel.