Harsher charge than DUI?

[tabfour]

I attended a court case recently for a college class. In this case, in Ohio, a man had a BAC of .27. Instead of being charged with a DUI, the judge found him guilty of another charge, that carried more consequences, and was a higher level offense than a DUI. The Bailiff showed a chart built like a pyramid and the charge was only one slot above DUI. My question is; can you tell me what he could have been charged with?

 

[bird1]

In DUI (driving under the influence) all that has to be proved is that the driver was under the influence of alcohol, which theoretically could mean 1 drink.

However with a BAC as high as that, a DWI (driving while intoxicated) would be a more appropriate charge.And does indeed carry a stiffer penalty.

I do have doubts of how a judge can "up" a lower charged offense.Seems illegal to me.

I was always told you could lower a charge, but you can not "up" a charge.

If I am wrong, someone please correct me as I love to learn.