DUI and DWAI

It is a misdemeanor for any person who is under the influence of alcohol, or impaired by alcohol, or one or more drugs, or a combination of both alcohol and one or more drugs, to drive a motor vehicle or vehicle.

Driving under the influence means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

Driving while ability impaired means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

It is a misdemeanor for any person to drive a vehicle when the person’s blood alcohol content (BAC) is 0.08 or more at the time of driving or within two hours after driving.
If the defendant’s BAC was 0.05 or less, it shall be presumed that the defendant was not under the influence of alcohol and that the defendant’s ability to operate a motor vehicle or vehicle was not impaired by the consumption of alcohol.

If the defendant’s BAC was in excess of 0.05 but less than 0.08, such fact gives rise to the permissible inference that the defendant’s ability to operate a motor vehicle or vehicle was impaired by the consumption of alcohol, and such fact may also be considered with other competent evidence in determining whether or not the defendant was under the influence of alcohol.

If the defendant’s BAC was 0.08 or more, such fact gives rise to the permissible inference that the defendant was under the influence of alcohol.

However, the prosecution need not have any evidence of BAC to proceed with the charge of DUI or DWAI. Evidence of a BAC is just one piece of evidence, albeit a crucial piece, but not a prerequisite for bringing a criminal prosecution. Simply because a BAC is not present in a case does not mean you may not be charged with an alcohol related driving offense.

Upon conviction for an alcohol or drug related driving offense, you will be required to complete an alcohol or drug evaluation and all recommended treatment. Failure to complete treatment will be considered a violation of probation.

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