ANSWERS: 6
  • The only plausible explanation I can think of (depending on what state you are in) is that the person was proven to be under the influence of two separate substances (i.e. alcohol and cocaine). This would be the same as 2 counts of vehicular manslaughter by having 1 wreck and killing 2 people.
  • I would imagine that depends on how the law is written. Cops will charge you with as many things as they can in case some of them get thrown out, or so you can plea down. Maybe the definition of a DUI in your jurisdicion is a certain distance driven while under the influence, and you drove double that distance. Maybe if you were drinking alcohol and smoking pot they can charge you for both. Either way, I'd call a lawyer.
  • OK, here is what I found after looking at a LOT of crap: "Some states now have two statutory offenses.[5] The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated/impaired (DWI)[6] or operating while intoxicated/impaired (OWI). The second and more recent is the so-called illegal per se offense of driving with a blood-alcohol concentration (BAC) of 0.08% (previously 0.10%) or higher. The first offense requires proof of intoxication, although evidence of BAC is admissible as rebuttably presumptive evidence of that intoxication; the second requires only proof of BAC at the time of being in physical control of a motor vehicle. An accused may be convicted of both offenses, but may only be punished for one.[7]" So, you can be convicted of both, but only punished for one... and I'm sure they will pick the one that will get the greater punishment, fines, whatever. I hope this helps. If not, do you know of any convictions, appeals, etc...?
  • Did you ever find out anything else... like convictions or appeals? You have me really wanting to know now :)
  • It's illegal, you can't be tried for the same crime twice.
  • The technical answer is you can't. If you were actually charged with the same crime (e.g. same statute), it is because you committed the crime twice. I am sure you are thinking "how is that possible in the same trip." Well, it is possible because the crime does not start when you get in the car and end when you get out. Rather, each provable instance of wrongdoing is a separate crime. For example, if you are rude to a cop when he pulled you over for speeding, and the cop clocked you twice driving over the speed limit, then the cop can issue you two separate citations. Now this is unlikely to happen with a DUI. The reason being that a DA will not charge a person twice for the same trip, and even if teh DA did, the court would order concurrent sentences. Thus, what you are probably referring to is being charged with two different crimes (i.e. different statutes), that both stem from the same act. Sometimes this happens because the crimes are different but similar. But more often it occurs when one crime is a lesser included offense of another. Here is an example of each of these: 1) Separate but related crime: if you were arrested for murder, you may be charged with second degree murder and some sort of manslaughter. These are two different crimes with different elements, but it is not possible for you to be guilty of both. 2) Lesser included offense: If you were arrested for robbery, you may also be charged with larceny. However, you cannot be convicted of both because robbery is nothing but a larceny with an extra element (the use of force). Thus, if you are convicted of robbery, the larceny charge merges.

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