Drunk Driving:
the act of operating a motor vehicle after having consumed alcohol or other
drugs, to the degree that mental and motor skills are impaired. All 50
states now have two statutory offenses. The first is the traditional
offense, variously called driving under the influence of alcohol
(DUI), driving while intoxicated/impaired (DWI) or operating while
intoxicated/impaired (OWI). The second and more recent is the so-called
illegal per se offense of driving with a blood-alcohol concentration (BAC)
of 0.08% (previously 0.10%) or higher. The first offense requires proof of
intoxication, although evidence of BAC is admissible as presumptive evidence
of that intoxication; the second requires only proof of BAC at the time of
being in physical control of a motor vehicle. An accused may be convicted of
both offenses, but may only be punished for one. It is also a criminal
offense in all states to drive a vehicle while under the influence of drugs
DUID, or under the combined influence of alcohol and drugs; the drugs
themselves need not be illegal, but can be prescription or even
over-the-counter. This offense requires evidence of impairment as a result
of the drugs or drugs and alcohol. All states also now have zero tolerance
laws: the license of anyone under 21 driving with a BAC of .01% or higher
(.02% in some states) will be suspended. The blood-alcohol limit for
commercial drivers 0.04%.