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Clients in DUI cases often ask why they are being charged with so many separate offenses for one incident. In fact, most defendants charged with a DUI in Pennsylvania are initially charged with several separate DUI offenses.
The thing people are often surprised by is that they are charged with anywhere from two to five or six sections of the DUI statute. The reason for this is that there are two different ways one can be convicted of Driving Under the Influence of Alcohol. The first is the “Per Se” violation. If the prosecution proves that you were driving and that your BAC was at least 0.08%, that is a violation of the law, in and of itself.
The other DUI-alcohol violation is the general impairment violation. This theory of liability will be pursued by the prosecution in cases in which there is no BAC result available. They will try to prove that the defendant drove after drinking to the extent that he or she was intoxicated and unsafe to drive.
In most cases, the police will include both violations on the criminal complaint just to cover there bases. If it later becomes apparent that a conviction cannot be obtained on the one, they may pursue a conviction on the other.
Pennsylvania DUI Lawyer Richard Emhof focuses on helping his clients maintain their employment, driving privilege, and good names. PA DUI Attorney Richard Emhof has the skill and knowledge to achieve the best possible result in your case. The initial consultation is free of charge. Contact us today online or call 1-866-457-9957 to discuss your case.
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