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Driving Under the Influence (DUI)

DUI stands for "driving under the influence" and it applies to any person that has been drinking or taking any types of drugs (illegal drugs, prescription drugs or over-the-counter drugs) under any of the following circumstances, which are considered driving while impaired:

  • BAC level of .08 for adults that are 21 and older.  (If you are under 21, and you have a BAC level of 0.05% or higher, you may get convicted of DUI, plus additional penalties that are imposed under the "zero tolerance" law that makes it illegal for a person under 21 to drive with a BAC of 0.01% or higher. So you are more likely to receive two sets of fines and penalties: one set of fines and penalties for "DUI" and another set of penalties under the "zero tolerance" law.)
  • Any amount of illegal drugs or other illegal substances in the system.
  • Any amount of prescription drugs (or medicine or medication) in the system that can impair the person's ability to drive safely.
  • Any amount of over-the-counter drugs (or medicine) in the system that can impair the person's ability to drive safely.
  • If you are stopped by a police officer and the officer determines that you are driving while impaired by alcohol, illegal drugs or substances, prescription medications, and/or over-the-counter medicines, you can be convicted of DUI.

It is important to note that unlike alcohol, there is no legally acceptable level for taking illegal drugs. If you take any amount of illegal drugs and drive, you are considered to be driving impaired and can be convicted of DUI.
The same rules apply when taking prescription or over-the-counter drugs, meaning any amount of drugs found in your system is considered driving under the influence; however, with prescription or over-the-counter drugs, if these legal drugs do not affect your ability to drive safely or do not impair your ability to drive, they are not considered driving under the influence.

If you are under the age of 21, it is unlawful to drive under any measurable BAC level.