What criminal charges am I facing?
Mr. Taylor 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.
Well assuming it’s not a felony, with complications such as injuries or worse, you will be charged, probably, with driving under the influence of alcohol and/or drugs and secondly, called a count, (first and second count) of driving with 0.08 percent blood alcohol or higher, the two are separate offenses and you can be convicted of both. However, you can only be sentenced or punished for one. Now it’s important to understand, that on the second count of 0.08 percent, your individual tolerance or the question as to whether you were impaired at all is not an issue, the only issue is, were you over 0.08 percent blood alcohol? It’s also important to understand that the issue is not were you under the influence of 0.08 percent blood alcohol or under the influence at all at the time you were tested, which may be two hours later in the police station, but at the time you were driving much earlier. It can be difficult for the prosecution to establish that blood alcohol level or that condition two hours earlier, since you’re constantly absorbing or eliminating alcohol and your alcohol level is going to change.