What condition is required to be charged under 'slightest degree' DUI?

To be charged under 'slightest degree' DUI, the essential condition is that a person must be driving under the influence of drugs or alcohol. This principle emphasizes that impairment or the influence itself is a foundational element of DUI charges, irrespective of a specific blood alcohol concentration (BAC) threshold. The law recognizes that even at lower levels of alcohol consumption or the presence of drugs, an individual's ability to operate a vehicle safely can be compromised.

Although driving with an open container and having a BAC above a certain level (like 0.04) pertain to DUI-related offenses, they are not the defining conditions under the 'slightest degree' charge. In fact, a person can face charges even with a BAC below typical legal limits if their driving shows signs of impairment due to alcohol or drugs. Thus, the correct focus is on the overall influence and impairment, rather than specific measurable thresholds or items like an open container, which can serve as additional factors in DUI-related offenses but are not solely determinative.