Why am I being charged with two separate crimes?

The traditional offense is "driving under the influence of alcohol" (DUI) or, in some states, "driving while intoxicated" (DWI). In recent years, however, most states have also enacted a second, so-called "per se" offense: driving with an excessive blood-alcohol concentration (.08%).

In those states, BOTH offenses are charged. The defendant can even be convicted of both, but can be punished for only one. If the case involves a refusal to submit to chemical testing, of course, only the traditional offense will be charged.

Related Topics:
Do I have the right to an attorney during the field sobriety test?
Can a person be arrested for refusing to take the Standardized Field Sobriety Tests?
What do police officers look for when they are searching for drunk drivers on the roads?
The officer never gave me a Miranda warning, can I get my cas dismissed?
What is the drivers license compact?
The officer took my license and served me with a notice of suspension after the breath test. How can he do that if I'm presumed innocent?
What is a "rising BAC defense"?
What is an officer looking for during a DUI stop?
When will my DUI be removed from my record?
What is a sentence "enhancement"?
What is "mouth alcohol"?
Why did the officer make me follow a penlight with my eyes?
What happens if I refuse to take a chemical test?