The traditional crime of “drunk driving” is commonly considered to be driving a motor vehicle on a road or highway while under the influence of intoxicating liquor (DUI). In a few states (notably Texas), the offense is defined in terms of driving while intoxicated (DWI). Some states (Oregon, for example) use the term “operating” (OUI or OUII – operating under the influence of intoxicants), while still others refer to being in “actual physical control” of the vehicle. The newer so-called per se offense, on the other hand, consists of driving/operating/being in control of a vehicle on a road or highway with an excessive blood alcohol concentration – either .08 or .10 percent, or greater, depending upon the state. Absent additional factors, these offenses are generally considered to be misdemeanors. In most states, both offenses will be charged where the evidence supports it.