Driving under the influence is the act of drinking alcohol and taking certain drugs while operating a motor vehicle. Taking alcohol and drugs affects your ability to safely operate dangerous equipment such as automobiles.

The effect of alcohol on an individual is determined primarily by two factors: the amount of alcohol consumed and the rate at which it is absorbed by the body. Other factors include the body weight, gender, alcohol tolerance, mood, and the amount of food consumed. Drunk driving is illegal for any one with a blood alcohol level of .08 percent or higher in most jurisdictions. It is also illegal for anyone under the age of 18 with a blood alcohol level of .05 percent or higher to operate a vehicle.

Driving under the influence (DUI) rule defines the particular level of alcohol in the blood as the threshold of drunkenness. The drinking under the influence statute where the violation occurred will determine the extent of the punishment for the first time offender.

A first time offender convicted of the offense is ordered to pay a fine and may be sentenced to a minimum term of imprisonment. A suspension of his driver’s license will usually occur as well. If you have been arrested as a result of driving under the influence of alcohol or drug the officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the Department of Motor Vehicle.

The DMV automatically conducts an administrative review that includes an examination of the validity of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.

You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

The actual sentence in drinking under the influence will be affected by the facts of the case, any policies of the local court and prosecutors, the weakness in the case uncovered by the defense attorney and the reputation of that attorney.