If you took a breath or blood test and received a BAC result over .08, you were likely charged with two different crimes. One summons (or complaint) will allege that you drove while your ability to drive was “impaired” by alcohol. The second summons will allege only that your BAC was over .08. If the tests show that your BAC was over .08, the police do not even need to show that you were impaired at all.
The good news is that you cannot be punished twice, even if the police have charged you with two separate crimes.
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