Drunk Driving Defense, DUI Arrest - FAQs
10.What offenses will I be charged with?
The customary charge is known by a few terms:
- DUI – driving under the influence
- OWI – operating while intoxicated
- DWI – driving while intoxicated
48 of the 50 states have recently adopted a second offense, termed the per-se
offense. This offense is defined as driving with an excessive BAC (a blood-alcohol concentration at .08% or .10%). In these 48 states, California included, the defendant can be charged with both offenses but only receive penalties for one of them.
If the suspect refused to take any chemical tests, only the first offense can be charged due to lack of evidence.
