What is driving under the influence?

DUI is defined as driving while under the influence of drugs and/or alcohol; or driving with a blood alcohol concentration that is 0.08% or higher. Once a person has been arrested for DUI, he/she may be charged with two criminal offenses. The first offense is driving while impaired by drugs and/or alcohol.
This offense is based upon the person’s inability to properly operate a motor vehicle due to being impaired. The second offense, known as the “per se” offense, revolves around the person’s blood alcohol concentration (BAC). If the person’s blood alcohol concentration is 0.08% or higher, he/she will be considered intoxicated by law enforcement.