The prosecutor can attempt to show that you were under the influence of alcohol or an intoxicating substance to the extent that your normal faculties were impaired due to alcohol intoxication or drug impairment. The statute provides for two different theories that the prosecutor might use in an attempt to prove that you are guilty.
Alternatively, the prosecutor can attempt to show that your performance on a chemical test, such as blood test or breath showed a blood-alcohol level of .08% or higher. Regardless of the theory under which your case is prosecuted, the potential penalties will be the same.
Certain enhanced penalties apply if the prosecutor proves that your breath test reading was over .15 including the dreaded ignition interlock device and a higher fine. The charges also gets more serious if you are charged with property damage or a minor was in the vehicle.
Contact me so we can discuss your case today if you have been arrested for drunk driving ("DUI"), with a breath test, a refusal case, urine test or blood test case, or crash with property damage.