Why do I have two DUI DWI charges?
In Minnesota, there are two different types of DWI/DUI’s in Minnesota. The first, and what most people know about, is having a BAC of 0.08 or higher when driving. The second is being under the influence of alcohol while driving, regardless of what the test result is.
For example, if an individual has a test result of 0.07 but the officer believes that the alcohol impaired their ability to drive, that person can be charged with driving under the influence of alcohol.
The first is easier to prove. The prosecutor just needs to show that you took a test and the result was above 0.08. The second can be a little more tricky. The prosecutor must prove that you drank some alcohol, and that you were impaired by that alcohol to the point that it affected your ability to drive.
In some cases when there is no egregious driving conduct and someone performs well on field sobriety tests, it can be hard for a prosecutor to prove that.
The attorneys at Gerald Miller P.A. have over 50 years of combined experience dealing with DWI/DUI cases. If you find yourself in the unfortunate position of being charged with a DWI/DUI, call us today to set up your free consultation where we can discuss the best strategy for your case.
Related content: Understanding Multiple DUI Offense Penalties
