A person may not drive a vehicle after drinking alcohol to the extent that the person is not capable of safe driving. Police are trained to look for signs that a driver may be impaired by alcohol or drugs, and will make the decision to charge based upon observations, Field Sobriety Testing (FST) and sometimes a Portable Breath Test (PBT). In addition, a driver is also subject to this offense if the alcohol content in blood or breath is at least 0.08% but less than 0.10% within two hours after driving.
If you are driving with an alcohol concentration in your blood or breath of at least 0.10% but less than 0.16% within two hours after driving, you are subject to a high rate of alcohol charge.
If you are driving with an alcohol concentration in your blood or breath of 0.16% or higher within two hours after driving, you are subject to the highest impairment charge.
A person may not drive if under the influence of a drug or combination of drugs, or a combination of drugs and alcohol to a degree “which impairs the individual’s ability to safely drive”
A minor may not drive under the influence of alcohol if the amount of alcohol in the minor’s blood or breath is 0.02% or higher within two hours after driving.