The traditional offense is "driving under the influence of alcohol" (DUI). In recent years, however, 48 states have also enacted a second, so-called "per se" offense: driving with an unlawful blood-alcohol level (DUBAL), .08% or more. In Florida, there is a rebuttable presumption that a driver is guilty of DUI when the breath test result is above .08%.

Someone who refuses to submit to testing can be charged with the crime of refusal to submit to testing.