The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol.

To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person’s blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 (or 8 percent).

Therefore, if it is proven that the person’s BAC at the time of the incident was .08 or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed.