The state can prove you guilty of DUI under two theories of guilt. First is the per se theory of guilt. If you drive or are in actual physical control of a motor vehicle in the state, on a highway, street, or bridge, or on public property, or private property open to the public, with an alcohol concentration of .08 or higher (or a lower level for certain classes of DUI see above) you are guilty of a DUI. This theory of guilt does not require that the individual be impaired, but mere was at the requisite level of alcohol.