"Under the influence" means that your judgment and physical ability to operate a vehicle are impaired. In some states, in order for one to be convicted of driving under the influence, the state must prove that you were incapable. If your passengers testify to your sobriety and independent witnesses testify that you did not appear to be under the influence, then the state's case will be more difficult to prove. This will be especially true if your blood alcohol level is just above the legal definition for intoxication. If your attorney can raise doubts about the validity of the test itself, the persons administering the test or other technical problems in combination with your apparent sobriety, then the state may be hard pressed indeed to make its case. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.