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The traditional offense is driving under the influence of alcohol (DUI), or in some states, operating while intoxicated (OWI), or driving while intoxicated (DWI). In recent years, however, 48 states have also enacted a second, so-called per se offense: driving with an excessive blood-alcohol concentration (either .08% or .10%). In those states, BOTH offenses are charged. Virginia is one of those states. 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.

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Bob Keefer: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving

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Q: What crimes will I be charged with?

A: The traditional offense is "driving under the influence of alcohol" (DUI), or in some states, "operating while intoxicated" (OWI), or "driving while intoxicated" (DWI). In recent years, however, 48 states have also enacted a second, so-called "per se" offense: driving with an excessive blood-alcohol concentration (either .08% or .10%). In those states, BOTH offenses are charged. Virginia is one of those states. 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.


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