From Bars To Bars: Everything You Need To Know About Drunk Driving

Written and edited by: Valeria Koktysh

Driving while under the influence of drugs or alcohol is illegal in all states. While some states differentiate between intoxication from drugs (DWI) and intoxication from alcohol (DUI) most use the same term for either. Officers will usually stop someone they see driving recklessly and ask them to do a sobriety test. Drivers have the right to decline the test, at the cost of their license.

    The chemical test taken by the driver checks your blood-alcohol percentage. If it’s at 0.08% or higher, it’s considered driving under the influence. This percent might be lower in some states (0-0.02%), and is also lowered for underage drivers and drivers of other types of vehicles like planes, boats, trucks, or more commercial vehicles. The limit ranges from 0.04%-0.08%.

     If charged, all but four states will recognize drunk driving as a felony. California, Maryland, D.C., and Pennsylvania, classify DUIs as a misdemeanor, while New Jersey doesn’t recognize it as a criminal offense. Instead, in NJ it is a traffic offense and can impact your license, jail time, fines, rehabilitation programs, and more. For the aforementioned states, punishments will become more severe over time like longer jail time or higher fines. 

    In the case that someone ends up killing a person because they were driving while intoxicated, it’s considered vehicular manslaughter. There are also three types of charges for vehicular manslaughter. First degree, second degree, and aggravated vehicular homicide. To be charged with these crimes one has: impaired abilities or senses from intoxication, killed and injured a person due to reckless driving, and 0.08% BAC. 

The penalty for these varies a lot in each state. Some charge a few months, while others charge up to 50 years or sometimes even life in prison. 

https://www.law.cornell.edu (https://www.law.cornell.edu/wex/driving_under_the_influence_(dui)#:~:text=Most%20impaired%20driving%20offenses%20are,under%20the%20legal%20drinking%20age)

https://www.dui.org (https://www.dui.org/expert-advice/articles/which-states-issue-a-felony-for-a-drunk-driving-offense#:~:text=You%20can%20receive%20a%20felony,typically%20classified%20as%20a%20misdemeanor)

https://www.botnicklawfirm.com (https://www.botnicklawfirm.com/blog/cdl-alcohol-limit/)

https://health.arizona.edu (https://health.arizona.edu/sites/default/files/How%20Many%20Drinks%20Will%20Get%20You%20To%20The%20.08%20Limit%20Or%20Above.pdf)

https://criminaldefense.1800nynylaw.com (https://criminaldefense.1800nynylaw.com/amp/new-york-penal-law-125-13-vehicular-manslaughter-in-the-first-de.html)

https://www.nycourts.gov (https://www.nycourts.gov/judges/cji/2-PenalLaw/125/125-14%285%29.pdf)

https://madd.org (https://madd.org/wp-content/uploads/2022/06/Vehicular-Homicide.pdf)