My response would be that you can always fight your DUI charges. “A person under the influence of any intoxicant, marijuana, controlled substance, controlled substance in the central nervous system, or a combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise.”
That’s the standard that’s at play when you have a DUI charge. In negotiations, we all treat 0.08 as a hallmark. You don’t necessarily need to see somebody falling down, knee‑crawling, commode‑hugging kind of drunk before a jury will find someone guilty of driving under the influence. However, the Hallmark mentioned a moment ago is something the jury is obviously going to consider and give a lot of attention to. Fighting a DUI depends on the facts and circumstances.