Drunk driving laws regulate whether a person can drive a motor vehicle after consuming alcoholic beverages. Depending on the state, the crime of operating a motor vehicle with a blood alcohol content (BAC) that is over a prescribed limit is called “Driving Under the Influence” (DUI) or “Driving While Intoxicated” (DWI).
Criminal charges for drunk driving result when the police find that a person’s BAC is above a certain percentage and they have exhibited erratic driving. In most states, driving a motor vehicle with a BAC of .08% and above is considered drunk driving. If a person is found to be driving with a BAC of .08 or above, they will be charged with DUI or DWI.
Many states have a “Zero Tolerance” law for minors, meaning that minors cannot have any alcohol in their system at all when driving. If a person under 21 is stopped and later convicted of driving under the influence of alcohol, they will suffer legal consequences, such as being charged with a DUI, which can result in the suspension of their driver’s license and other punishments.
The legal age for buying or publicly consuming alcohol in the U.S. is 21, based on the National Minimum Drinking Age Act, passed in 1984. This federal law requires a state to make it illegal for a person under 21 to buy alcohol in the state if the state wants to be eligible to receive certain types of federal funding.
However, there are many local and state exceptions to the minimum legal drinking age of 21. Some states allow exceptions for religious activities or if a parent, spouse, or guardian consents to underage drinking in specific locations, e.g., in their home. Adults can also be criminally liable for underage drinking, especially if it leads to drunk driving.
What Are the Penalties for Drunk Driving Charges?
Drunk driving charges can lead to serious penalties. In most cases, a charge of DUI is a misdemeanor criminal offense punishable by as much as 1 year in county jail. The law may also require that the violator pay fines. Drunk driving charges usually result in suspending a person’s driver’s license for some time.
Drunk driving can also lead to a felony charge under certain circumstances. For example, if the drunk driving offense is second or third, it is more likely to be charged as a felony. Felonies convictions bring harsher sentences, such as higher fines and possible prison terms of more than 1 year. Felony charges are especially likely if a person causes an accident, resulting in death or serious bodily injury to another party. If a person’s drunk driving causes an accident in which another person is killed, a person can face charges of vehicular manslaughter or the equivalent.
Sometimes, alternative sentencing options are available, especially for first-time DUI offenders. An example is a DUI diversion program, which allows the defendant to complete awareness or educational programs instead of serving jail time.
For example, in New York state, drunk driving laws and penalties are as follows:
- Driving While Intoxicated (DWI): The crime in New York is “driving while intoxicated,” which is driving with a BAC of .08 or higher or showing other evidence of intoxication. A person must not have a BAC of .08 to be convicted of DWI. Law enforcement can collect evidence of intoxication, such as how a driver drives, e.g., driving well below the speed limit, swerving, or speeding.
- Besides a BAC lower than .08, any of these could also be enough to convict a person of DWI. As in most other states, if a person drives a commercial vehicle with a BAC of .04 or other evidence of intoxication, this can be enough to convict the person of DWI;
- Aggravated Driving While Intoxicated: This crime is defined as driving with a BAC of .18 or higher;
- Driving While Impaired by Alcohol: The crime of driving while impaired by alcohol is defined as driving with a BAC of more than .05 but less than .07 BAC, or showing other evidence of impairment
- Driving While Impaired by One Drug (DWAI/Drug): This crime is committed by a driver who is impaired by a drug;
- Driving While Impaired by the Combined Influence of Drugs and Alcohol (DWAI/Combination): This crime is committed by a driver who is impaired by a combination of drugs and alcohol;
- Chemical Test Refusal: A driver who refuses to take a chemical test, usually a test of breath, blood, or urine, commits a criminal offense;
- Zero Tolerance Law: New York is a “Zero Tolerance” state when driving under the influence of alcohol when under 21. A driver under 21 years of age and driving with a .02 BAC to .07 BAC violates the “Zero Tolerance” Law.
The punishments for these crimes are as follows:
- DWI or Driving While Impaired by a Drug, First Offense: A mandatory fine of from $500 to $1,000, a term in jail of up to a maximum of 1 year, and a mandatory driver’s license revocation of at least 5 months;
- A 2nd Offense of DWI or DWIA-Drug: A mandatory fine of from $1,000 to $5,000; a term in jail of up to a maximum of 4 years, and a mandatory driver’s license revocation of at least 1 year;
- Aggravated DWI: A mandatory fine of from $1,000 to $2,500, a term in jail of up to a maximum of 1 year, and a mandatory driver’s license revocation of at least 1 year;
- Zero Tolerance Conviction: A driver under 21 with a BAC of .02 to .07 can be punished by a civil penalty of $125 and a license suspension of 6 months. A second conviction can result in payment of a fee and a license suspension of 1 year or until the driver turns 21;
- Chemical Test Refusal: If a driver refuses a chemical test of their breath, blood, or urine, they pay a fine of $500, and their driver’s license will be revoked for at least 1 year. If the driver is a commercial driver, the fine is $550, and their license will be revoked for 18 months.
Generally, drunk driving laws in many states will be similar to those in New York.
Are the Penalties for DUI the Same for Minors?
In many states, minors convicted of DUI may face the same penalties that adults face and additional penalties as well. For example, in California, if a person under 21 is charged with DUI, they are punished just like adults. In addition, the conviction of DUI can affect a person’s acceptance to college and future career.
In California, generally, to be guilty of DUI, a person must have a BAC of at least 0.08%. For drivers under 21, any BAC results in a DUI charge because California has a “Zero Tolerance” law.
California has a scale of punishment for minor drunk driving, which becomes more severe as the perpetrator’s BAC rises. The scale of punishment is as follows:
- BAC of 0.01% or More: If a minor is found guilty of driving with a BAC of 0.01% or more, they lose their driver’s license for 1 year. This charge does not count as a criminal offense, however, so the person would not face jail time or have a DUI on their record;
- BAC of 0.05% or More: This is known as the “Underage DUI” law. This is a criminal charge. If a person is convicted, they would have a criminal record with a DUI conviction. They would not face jail time but would lose their driver’s license for 1 year, pay a $100 fine, and be required to attend a 3-month DUI course at their own expense. If a person were over 21, this would not count as a DUI at all;
- BAC of 0.08% or More: The same DUI law applies to adults. A minor faces the full range of criminal charges and penalties if convicted. This includes possible payment of thousands of dollars in fines and court fees, up to 6 months in jail or juvenile custody, a 3- to 9-month DUI course, suspension of their driver’s license, and years of probation;
- Impaired Driving: A DUI law does not always depend on a person having a measurable BAC. If a person was swerving or otherwise driving dangerously or erratically because of alcohol, this could lead to a DUI charge on its own. The penalties are the same as those for a conviction of DUI with a BAC of 0.08+.
Again, other states are likely to have laws similar to those in California for minors who drive while intoxicated by alcohol or drugs.
Are There Any Defenses to a Drunk Driving Charge?
One of the most common defenses is to challenge the test results used to determine blood alcohol content. For instance, many law enforcement agencies use breathalyzer tests to determine BAC. If there is a problem with the breathalyzer equipment, it could lead to faulty alcohol content results.
In some states, as a drunk driving defense, a defendant can raise that they were not the person driving the vehicle. If a person is merely in a vehicle and not driving, they cannot be held liable for a drunk driving offense. But this depends on the state in which the crime is charged. In some states, the officer must witness the person driving. They could not testify that someone was driving the car if they did not see it.
In other states, a person does not have to drive a car to be guilty of drunk driving. They have to be present in the car while intoxicated. In most states, the actual driving of a vehicle is not required for a DUI conviction. The laws of most states define drunk driving in such a way that it includes just sitting or even sleeping in a car while drunk or under the influence of drugs.
Of course, convicting a person sitting in a passenger area of a car when the car was not moving of DUI or DWI would be challenging for the prosecution. Still, a person may not want to sleep off a night of overindulgence in their car.
In addition, a person charged with drunk driving can claim that their driving was not impaired. This defense is more likely to be successful if their BAC is below .08.
Do I Need a Lawyer for Help with My Drunk Driving Issue?
Drunk driving laws are different in different states. But in all states, a drunk driving conviction can lead to serious penalties, especially the loss of a person’s driver’s license.
You may want to consult a qualified DUI/DWI lawyer specializing in the defense of DUI or DWI charges. Your attorney can determine whether any defenses are available to you or whether it is possible to get the charges dropped or any sentence reduced.
