1. Impairment prong: if the State can prove that you were impaired to the point you could not safely operate your vehicle, you can be convicted under this section, regardless if they have any chemical evidence, such as a breath or blood evidence.
2. “Per se”: if you are over .08 breath/blood alcohol level (BAC), you can be convicted. That means that you are guilty unless, of course, you can create reasonable doubt that the machine was not operating properly or that the person operating the machine was not certified. If the machine was working properly, and the technician was qualified and properly trained, then we can still try to get the breath/blood results suppressed. See the top 15 ways to suppress the evidence.
Any drug or metabolite a drug found in your system, regardless of when you ingested of the drug. Defenses include if the drug was a valid prescription or if it was accidentally ingested, or if the blood draw was illegally taken, or the officers kept you too long until the drug detecting k-9s came out to sniff your vehicle.