"who holds" what? I'm not going to go into a long disertation on how to prove the elements of the offense. Suffice it to say that I did the work for a total of thirty years, and I have half a clue as to what I'm talking about. Obviously, you believe that all things are the same everywhere in all jurisdictions leading me to believe that you know nothing on the matter.
If you are confused as to what the elements of DUI are in your state, look it up on line. I'm sure that they have a web site that lists all of the state laws.
Found out that states' DWI laws have essentially been federalized, with the fedguv issuing the outline, along with required elements; then holding the states hostage until they pass them by threatining to withold federal highway funds.
In essence, MADD has rewritten the states' DWI laws with help from the federal government.