The prosecution has three theories that they can use to prosecute an individual for DUI Resulting in Death.  First, is the “per se” theory, if they can prove beyond a reasonable doubt that you were driving and/or in actual physical control of a motor vehicle and a blood or breath test was taken within two hours of you driving, and your blood alcohol content “BAC” was .08 or above, you are “per se” under the influence.  The second theory is .08 BAC or above “at the time of driving”, if the prosecutor can prove your BAC was .08 or above at the time you were actually driving the vehicle you would be deemed under the influence.  Lastly, the “impaired driving theory”, here prosecutors are not required to present any evidence of your BAC or drug toxicity levels.  For example, if Jessica causes an accident, which results in another vehicle being struck, and a person in that vehicle dies. The police then arrive, and Jessica smells of alcohol, fails all of her field sobriety tests, and admits to drinking, the prosecution could argue that regardless of what her BAC was, she was under the influence of alcohol “to any degree, however slight” which rendered her incapable of safely driving, and therefore deemed under the influence.