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I served on a DUI jury. Everything wasn't all bundled up into a single charge. In addition to the DUI charges, he was also charged with a long list of moving violations. In your scenarios, the list of charges would be different in each case. They'd both include DUI but the other charges would vary greatly.

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Even without other significant violations, the difference between 0.079 and 0.08 is hugely punative.

To get around that, my state allows you to be arrested for DUII even if you blow 0.00. If the cop says you are drunk, you are presumed drunk. In reality, I doubt many of these cases get to trial, but the arrest can never be expunged.

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