HERE'S WHY YOU GET 2 DWI CHARGES
FOR A SINGLE ARREST
One is based on the OPINION (Observations) of the Police Officer ("Common law" DWI, VTL s. 1192.3)
The other is based on the BAC ("Blood alcohol concentration") number determined by the OPINION of a machine. (DWI over 08%, VTL s. 1192.2)
[In Ithaca, that machine is a BAC DATAMASTER DMT]
It's as simple as that.
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