ABA Family Legal Guide

Automobiles

Your Automobile and the Police

Drunk Driving

Does it matter what the police call "drunk driving"?

Yes--each one is a slightly different offense. For example, the offense of OUI does not require that the vehicle be in motion. In most states, a person may be charged with OUI if he or she is in actual physical control. Actual physical control may be shown when the person is seated in the driver's seat, in possession of the ignition key, and capable of starting the motor.