ABA Family Legal Guide

Automobiles

Your Automobile and the Police

Drunk Driving

What does "drunk driving" mean?

The elements of the basic offense vary from one state to another. However, the Uniform Vehicle Code says proof is necessary that the person is under the influence of alcohol or drugs. Depending on the controlling law, "being under the influence" could refer to any substance that impairs your ability to drive.

Most states agree that a person is under the influence if he or she has a diminished ability, either physically or mentally, to exercise clear judgment and to operate a vehicle with safety. The person must be driving or in actual physical control of a vehicle. Some states' legislations require prosecutors to prove that the person was driving "on a public highway" or was drinking "intoxicating liquor."