Can a person be guilty of drunk driving if he or she only had a few drinks?

Yes. Drunk driving occurs either when a driver has a blood alcohol content (BAC) above 0.08 or when a driver is operating his or her vehicle under the influence of alcohol. Under the first definition, if it is proven that the person’s BAC at the time of the incident was 0.08 or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. Under the second definition, the evidence focuses on the person’s driving behavior instead of any particular BAC. If the person’s driving is impaired by the consumption of alcohol, he or she can be found guilty of drunk driving.