Can a person be charged with a DUI if they are not under the influence of alcohol or an illegal drug?

The assertion that a person cannot be charged with a DUI unless they are under the influence of alcohol or an illegal drug is based on the definition of DUI, which stands for "Driving Under the Influence." The essence of a DUI charge hinges on the presence of impairment due to substances that can affect judgment, motor skills, and overall driving ability.

While traffic violations alone, such as speeding or running a red light, can lead to citations, they do not automatically result in a DUI charge unless there is evidence of impairment due to drugs or alcohol. Some states have implied consent laws that may allow for other forms of impairment, but the fundamental requirement remains that a driver must exhibit some level of impairment due to substances to be charged with DUI. Therefore, a driver who is compliant with the law and not under the influence cannot face DUI charges.

Thus, the definition of DUI requires evidence of influence from substances, making it clear why a charge cannot arise solely from non-compliance with traffic laws without the accompanying factor of impairment from alcohol or drugs.