7.721 — DRIVING UNDER THE INFLUENCE OF ALCOHOL

Violations of "Statute 7.721" results in an Class D Misdemeanor with receiving an additional license point(s) of 8.

---

(a) Definitions

Driving under the influence of alcohol refers to operating a motor vehicle with a blood alcohol concentration (BAC) above the legal limit set by law (0.08%). In most jurisdictions. Alcohol impairs cognitive and motor skills necessary for safe driving, such as judgment, reaction time, coordination, and perception.

(b) Elements

To establish the offense of driving under the influence of alcohol, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating or in actual physical control of a motor vehicle on a public road or highway.

• The defendant had a BAC of 0.08% or greater at the time of operation or while in actual physical control of the vehicle, as measured by a breathalyzer, blood test, or other approved method.

• The defendant’s ability to operate the vehicle was impaired due to the consumption of alcohol, as evidenced by erratic driving, failure to obey traffic laws, or other observable signs of impairment.

• The defendant was aware or should have been aware that their ability to drive was impaired by alcohol consumption.

(c) Defenses

Defenses against a charge of driving under the influence of alcohol may include:

• The defendant did not consume any alcohol or did not have a BAC above the legal limit at the time of the alleged offense.

• The defendant’s BAC was below the legal limit, and any observed impairment was due to other factors such as medical conditions or fatigue.

• The defendant was not actually driving the vehicle at the time of the alleged offense and was either stationary or parked in a safe manner.

• The defendant's BAC was measured after the incident, and they were not impaired at the time of driving, or the test result was inaccurate due to faulty equipment or improper procedures.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant caused an accident resulting in injury, death, or property damage while driving under the influence of alcohol.

• The defendant has prior DUI convictions, showing a pattern of behavior that increases the risk to public safety.

• The defendant was found driving with a BAC significantly higher than the legal limit, particularly in cases where the BAC is double or more than the legal threshold (e.g., 0.16% or higher).

• The defendant was operating a commercial vehicle, school bus, or other vehicle requiring a specialized license while under the influence of alcohol.

• The defendant was involved in reckless driving, such as speeding, tailgating, or running red lights, while intoxicated.