A. Elements

• What does the prosecutor have to show to convict me of DUI?  The prosecutor must show that your driving was appreciably affected by alcohol or drugs or that that your BAC was a .08 or higher.  This must be proven beyond a reasonable doubt.

• What is beyond a reasonable doubt? This is the highest burden of proof in the law.^back to top

B. Drug DUI

• I didn't drink any alcohol, why am I being charged with DUI?  It is against the law to drive while affected by drugs or alcohol.

• I only take medication that is prescribed to me by my doctor. Can I still be charged with DUI?  Yes. You can be charged and convicted of DUI if you were taking prescription drugs.

• If I am charged with being under the influence of illegal drugs, can they also charge me with using illegal drugs?  Yes. If they find drugs in the vehicle.^back to top

C. Physical Control

• I am charged with “physical control.” What does this mean? Physical control means being in physical control of a motor vehicle while under the influence of alcohol or drugs, or with a BAC of .08 or higher.

• Is a “physical control” charge just like a DUI?  Yes, they are very similar.  The only difference is that in a physical control case the car is not moving.  The penalties are the same.

• I was parked on the side of the road when the police contacted me, can I still be charged with Physical Control?  Yes, you can be charged with it.  You may be able to assert the defense of “safely off the roadway.”^back to top

D. Minor DUI

• I am under 21 and charged with a “minor DUI.” What does this mean?  This means you are under 21 and have a BAC of .02-.079.

• If I am under 21 can they charge me with a regular DUI?  Yes, if your driving was appreciably affected by alcohol.

• What are the penalties for a Minor DUI?  Minor DUI is a misdemeanor with maximum penalties of 90 days in jail and a $1000 fine.  There are no mandatory minimum penalties for a conviction of Minor DUI.  There is no ignition interlock devise requirement for a Minor DUI conviction.

• Will a Minor DUI suspend my driver’s license?  Yes. Your license can be suspended by the Department of Licensing.  If suspended, it will be for a minimum of 90 days.  You have a right to a hearing before they suspend your license.^back to top