Drinking any alcoholic beverage to excess is never a good idea. You may seriously injure yourself or others if you decide to operate a car. However, even if you decide not to drive, you may also suffer other physical injuries. Excessive alcohol consumption over a long period of time can cause damage to the kidneys, liver, heart or brain. Excessive use of alcohol within a short period of time can lead to death.
In contrast, the second definition does not refer to any particular BAC; it focuses on the driving behavior of the person. If the person’s driving is impaired by the consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person’s driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person’s ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person’s consumption of alcohol. If the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
- You may still be charged with DUI/DWI even if your BAC or BAL is under .08