What is driving under the influence (DUI)?

Driving under the influence is simple: Driving or being in actual physical control of a motor vehicle while the ability to safely operate the vehicle has been impaired by the consumption of alcohol.  The jury instructions break it down as:

  1. 1:  A person commits the offense of driving under the influence of alcohol if, while under the influence of alcohol, a person drives a vehicle upon the ways of this state open to the public.
  2. "Under the influence of alcohol" means that, as a result of taking alcohol into the body, a person's ability to safely operate a motor vehicle has been diminished.

Exhibiting signs of impairment while operating the vehicle, during roadside physical maneuvers, and/or through chemical tests may establish sufficient reason for law enforcement to make an arrest and charge a person with DUI.  DUI penalties depend on the age of the driver and the type of offense suspected.