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Question:
Why am I being charged with TWO crimes?
Answer:
The traditional offense is "driving under the influence of alcohol" (DUI), or in some states, "operating while intoxicated" (OWI), or "driving while intoxicated" (DWI). In recent years, however, 49 states have also enacted a second, so-called "per se" offense: driving with an excessive blood-alcohol concentration (either .08% — as in California — or .10%). In those states, BOTH offenses are charged. The defendant can even be convicted of both, but can be punished for only one.
If the case involves a refusal to submit to chemical testing, of course, only the traditional offense will be charged.
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