Drunk Driving Statutory Offenses

Although DUI laws are defined independently by the 50 states, each state has come to terms that there are basically two statutory offenses. The drunk driver thankfully may only be punished for one of the offenses though.

1) The traditional offense - Referred to as driving under the influence (DUI), driving while intoxicated (DWI), or operating while intoxicated (OWI). These offenses require proof that you are drunk.

2) Illegal per se offense - Driving with a blood alcohol concentration (BAC) of at least .08% (in most states). This offense requires proof that the BAC is over the limit at the same time that the motor vehicle was operated.