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DUI/DWI OFFENSES

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Driving Under the Influence of Alcohol (DUI)

Driving under the influence of alcohol (DUI) is a serious offense that carries possible jail time, fines, and points on your driver record.

In order to be convicted of driving under the influence of alcohol (DUI), the State must prove the following beyond a reasonable doubt:

      1. That the Defendant drove, operated, moved, or was in physical control or attempted to drive; and,
      2. That at the time the Defendant drove, operated, moved, or was in physical control or attempted to drive a vehicle, the Defendant was under the influence of alcohol.

The Defendant was under the influence of alcohol if the alcohol that he or she consumed substantially impaired his or her normal coordination; that is, the Defendant’s judgment and nervous system were affected by the consumption of alcohol to the extent that his or her normal coordination was substantially or significantly impaired. It is not an offense to drive a vehicle after consuming alcohol in an amount that does not result in impairment of normal coordination.

Driving Under the Influence

Driving Under the Influence of Alcohol Per Se

In order to be convicted of driving under the influence of alcohol (DUI) per se, the State must prove the following beyond a reasonable doubt:

      1. That the Defendant drove, operated, moved, or was in physical control or attempted to drive a vehicle; and,
      2. That, at the time of testing, the Defendant was under the influence of alcohol per se.

A person is under the influence of alcohol per se if, at the time of testing, by breath or blood, he or she had an alcohol concentration of 0.08 or more.

Driving While Impaired by Alcohol (DWI)

In order to be convicted of driving while impaired (DWI) by alcohol, the State must prove the following beyond a reasonable doubt:

      1. That the Defendant drove, operated, moved, or was in physical control or attempted to drive a vehicle; and,
      2. That, at the time the Defendant drove, operated, moved, or was in physical control or attempted to drive a vehicle, the Defendant was impaired by alcohol.

A person is impaired by alcohol when, as a result of alcohol consumption, he or she has lost the normal use of his or her physical and mental faculties.  Impairment occurs when a person’s judgment, nervous system, and normal coordination are affected by the consumption of the alcohol.  It is not an offense to drive a vehicle after consuming alcohol in an amount that does not result in impairment of normal coordination.

Driving While Impaired

Driving While Impaired by a Controlled Dangerous Substance

Driving While Impaired by Drugs and Alcohol

Driving in Violation of an Interlock Restriction