This may come as a surprise to you if you’ve been frozen in a block of ice for the past century, but law enforcement tends to take a negative view on driving while intoxicated. But while operating a motor vehicle while under the influence of alcohol won’t get you pulled out of your car and beaten (probably), you’ll still be in for a world of trouble should the police catch your intoxicated butt. Here’s what you can expect if you decide to get hammered in your hummer.
First and foremost, lets get something straight: the legal drinking age in the United States is 21. It’s not 20 and 364 days. It’s not 16 “but my dad said I could have a swig of his beer.” Its 21. That means that if you’re younger than 21 and you’re found to have any detectable amount of alcohol in your system, then you are so screwed. You see, if you’re between 17 and 21, you may not be old enough to drink, but you are old enough to be tried as an adult. And if you’re under 17, don’t think that you’re off the hook. The rules may be different, but the outcome is the same: If you drink and drive, you’re going to pay for it.
If you’re older than 21, then congratulations! You are allowed to have a very small amount of alcohol in your system. To be specific, if a policeman pulls you over and finds that you have a blood alcohol content (BAC) of less than .08, then no DUI for you. Of course, if you were driving badly enough to get pulled over in the first place, then the officer will probably still cite you for reckless driving. I mean, come on. This isn’t a game; if you’re dangerous behind the wheel, it’s the cop’s job to keep you away from it.
If, on the other hand, you have more than the legal limit (and it doesn’t take much to reach that limit), clear your calendar for a while. They’ll cuff you, put you into the back of the cruiser, and drop you off in a holding cell. See, the beautiful part is that it doesn’t matter how lucid or sober you might appear, because under the per se laws, having more than the legal BAC is all it takes to be charged with DUI. And if you think that you can schmooze the judge into letting you off the hook, you are so wrong. You may be innocent until proven guilty, but the thing is, you were proven guilty the moment you failed your BAC test. That evidence is all that the judge needs.
So you get to appear in court (and pay all of the court expenses, we might add) even though there’s no way that you can get out of being convicted. After that, you’ll be slapped with a fine, lose your license, and possibly get to spend some time in prison (unless this is your second DUI, in which case the whole prison thing becomes a lot more certain). You’ll also get to pay higher insurance bills, because insurance providers will see you as a risky investment. But then, you’ll only have to worry about that if you can get your license back, and that isn’t easy either.
To have your license reissued, you’ll need to meet with a counselor who will determine whether or not you have an alcohol problem. If it is decided that you do, then they will make some recommendations such as having you attend Alcoholics Anonymous or even rehab. But don’t worry, any suggestions that the counselor makes are strictly voluntary. Of course, you’ll never get your license back if you don’t follow the recommendations, but the choice is still yours.
If it looks like you’ve got a serious problem, then the judge can even go so far as to order the installation of a special ignition interlock system in your car. These ingenious devices essentially require you to pass a breath-test before you can start your engine. Of course, they also mean that you need to put you mouth around part of your car every time you want to go somewhere, but whatever. Oh, and the judge might also put you on probation.
Naturally, individual states will have different specific laws. But whether you chose to endanger lives in Alabama or Wyoming, New York or California, the consequences of your actions are going to be expensive, time consuming, and justifiably harsh. So do everybody—including yourself—a favor and be responsible. Otherwise, you might find yourself wishing that you’d choked on the olive in your martini.
John Carver is a freelance writer for DefensiveDriving.com. He spends his free time working on his cars and coming up with new ways to pester his wife.
