You may call it a Simple DUI, but you should understand, there’s two different ways you can be prosecuted for the one action that you committed. What we call the Per Se law means, if you take a breath test and it’s over .08, they can prosecute you for that. Or, they can prosecute you on the observations of the officer and of your driving and your other behavior.
The prosecutor can decide which one of these he wants to use to go to the jury. And that can be done at the time of trial. That’s why you need an attorney that is prepared and knows how to defend you, no matter what they try to do with you.
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