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Why am I being charged with two crimes?
The traditional offense is "driving under the influence of alcohol" (DUI) or, in some states, "driving while intoxicated" (DWI). In recent years, however, a large majority of states have also enacted a second, so-called "per se" offense: driving with an excessive blood-alcohol concentration (which is set at .08% in all 50 states now). BOTH offenses are charged. The defendant can even be convicted of both, but can be punished for only one.
Both laws were considered necessary because some people, notably heavy drinkers, can appear to be sober and pass FSTs even at a high BA (blood alcohol) level. Others on the other end of the scale may be below .08% BA, but are under the influence and their driving is adversely affected. The law wants all of them off the road.
If the case involves a refusal to submit to chemical testing, of course, only the traditional DWI/DUI offense will be charged, because officers normally are not allowed to offer opinions what the blood alcohol level was if no test was administered.
(Updated August 30, 2007)
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