Well, the under the influence count basically requires not only that the state prove that you were drinking at a particular time and place and that you were driving an automobile, but that actually requires that they tie the two things together. So they have to prove the amount of alcohol you had in your system was affecting your ability to operate your motor vehicle, which is a whole heck of a lot about you. Under the influence is a difficult charge to prove up because they actually have to prove that alcohol was affecting your ability to drive. Not that it was affecting your ability to perform brain surgery or play concert violin or stand on one foot or walk heel to toe or touch the tip of your nose or any of the goofy stuff they have you do out on the roadside.

So tying the piece of bad driving behavior to a person’s consumption of alcohol is actually a very difficult thing to do, which is why we have five other ways of trying to prove you guilty of driving under the influence.