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First criminal offense - DUI. Why do I have two charges?

Collegeville, PA |

I was pulled over at a checkpoint in Whitemarsh township and was charged with DUI. My charges are:
75 3802 B - High Rt (BAC .1 - .16) - 1st
75 3802 A1 - Gen Imp / Inc Driver Safety - 1st
Why do I have two charges and what should I do next?

Attorney Answers 5


The first thing you should do is hire an attorney and discuss all your possible options. It is very common for you to be charged with several different counts of a DUI but they can later be amended. I do a lot of work in Montgomery County, PA and would be more than happy to talk with you and answer some questions you may have. Good luck!!!

Zachary B. Cooper, Esq.
Levow & Associates, PC
Limited to DUI Defense

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It is typical that a defendant will be charged with more than one count of DUI. Until your blood level is determined and your record checked, a more specific count cannot be determined. In the meantime, you need to retsina criminal defense attorney .

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The dual charges filed against you are standard charges. The general impairment alleges you had an amount of alcohol in your blood to impair your ability to drive safely. No particular concentration of alcohol in the blood is needed to establish that charge. The other IS based on test results showing a level of alcohol above the legal limit. No evidence of impairment is needed to establish that offense. You can not be sentenced separately on those two counts. They are somply two of several roads that lead to Rome. Speak without delay with experienced lical DUI counsel. Good luck.

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This is not uncommon and there can be several reasons why you were charged with both. The officer may not have had the BAC results when he prepared the complaint so he just want for what he thought were the two charges most likely to stick. The most common reason though is that if the officer could not prove the 3802 B for some reason, say a bad lab test, the 3802 A1 General Imparment is kind of a catch all and no BAC result is needed to convict, its based on the officers opinion and your behavior that he observed. Frankly I'd be surprised if the officer didn't always charge A1 along with what ever other charge he listed. What you really need to do is retain qualified counsel to assist you with this case. There are several options open to you. Best of Luck.

Adam Zucker, Esq
Conshohocken & Lansdale
(610) 832-0100

This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Only consultation with your own attorney can provide you with the advice you need for your case.

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Without knowing your blood alcohol, the police will often charge you under every section that could be applicable. Other times, the police or the DA will amend the charges once they get a lab report with the actual BAC. Retain a good criminal defense attorney or an attorney who specializes in DUI defense.

If you would like a free consultation and review of your criminal complaint, contact my office to make an appointment. (610) 566-1006

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