Drunk Driving Defense, DUI Arrest - FAQs
10. What offenses can I be charged with?
The traditional charge is known by a one of these terms:
- DUI – driving under the influence
- OWI – operating while intoxicated
- DWI – driving while intoxicated
Along with California, 48 of the 50 states have adopted a second charge known as the per se
offense. The per se
offense is defined as driving with an excessive BAC (that of .08% or greater). The defendant can, and usually will, be charged with both offenses. The individual, however, will only receive penalties for one of the charges.
Should the suspect refuse to take a chemical test, only the first offense will be charged due to lack of evidence on the per se
charge.
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