Interviewer:  Becky, can you talk a little bit about, impaired to the slightest degree? This notion of impaired to the slightest degree?

Becky:  Sure, it’s actually a separate type of DUI charge driving under the influence, where most people, they actually get two charges.

They’re driving under the influence charge at 0.08 or higher, depending on where the bloodâ€вЂ?alcohol is, and also impaired to the slightest degree. Which means, if a cop asks you, “On a scale of one to 10, how are you feeling today?” and you say, “Two,” you’ve just admitted to being impaired to the slightest by the way, which is again another reason not to talk too much to the cops when they pull you over.

It’s the exact same penalty. If you go to trial on this issue and you have two of them and the jury comes back with, “Well, we don’t think the 0.08 holds, but this impaired to the slightest degree? Yeah, he was impaired somewhat.” You can have a 0.01 or higher and still get that charge, and it has the exact same penalties as the other DUI.

So, you’re still going to jail regardless, even if you get the impaired to the slightest degree.