How can someone be charged with two DUI”s in the same complaint?

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How can someone be charged with two DUI”s in the same complaint?

What do these descriptions mean? 753802A1 and 753802D3

Asked on May 14, 2009 under Criminal Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

These numbers are citations to the Pennsylvania DUI law.

The first, is 75 Pa. Consolidated Statutes ("Pa.C.S.") section 3802(a)(1), which is "general impairment" by driving when you've had too much to drink to drive safely.

The second is subsection (d)(3) of the same section, charging you with being under the influence of alcohol and a drug, or a combination of drugs, which impaired your ability to drive safely.

There is something called the doctrine of merger, which means that you can only be convicted of one of these, for a single incident.  The prosecution can charge you with both, and you can be found guilty if they prove either one, or both -- but you can only be found guilty of one.

For more information, you should ask your defense lawyer.  You should have one -- and one place to look for qualified counsel is our website, http://attorneypages.com


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