Mr. Taylor (retired) describes what charges a person arrested for a DUI is likely to face. A person arrested for DUI will probably be charged with one count of driving under the influence of alcohol and/or drugs and a second count of driving with .08 percent blood alcohol or higher. An arrestee can be convicted of both counts, but can only be punished for one. The second count of driving with .08 percent blood alcohol or higher is only concerned with whether the person tested was over .08 percent blood alcohol, or under the influence at all, when the person was driving. Since there can be a considerable amount of time between driving and when the person is actually tested, prosecutors have a difficult time establishing the blood alcohol level of a person when they were driving. This is because a person’s blood alcohol level is always changing because they are constantly absorbing or eliminating alcohol.
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