A citizen may be accused of the crime of Driving Under the Influence (DUI) if he drives with an alcohol concentration above the legal limit (.08) or by driving while affected to any degree by the alcohol consumed, regardless of the amount of alcohol in the system. This means that you can be arrested for DUI although you appear capable of driving and may not appear to be drunk. In the majority of DUI cases, an arrest occurs when one of two scenarios is present:

1. A police officer has sufficient information to believe that your alcohol concentration is above the legal limit, even if you do not appear to be drunk. This belief may be based on the results of a portable breath test (PBT), your performance on the Horizontal Gaze Nystagmus (HGN) test, or even your own statement to the officer about how much you had to drink. In any event, the officer must reasonably believe that you are above the legal Limit, or

2. A police officer has sufficient information to believe that your ability to drive a vehicle is affected to ANY degree by the alcohol you drank, although your alcohol concentration may not be above the legal limit. This belief may be based on your driving, your performance on physical exercises, your speech, your overall appearance and coordination, or a combination of all of these factors.