Driving and Alcohol - Legal FAQs
Is Driving A Right Or A Privilege?
Driving is a privilege that the State has a right to regulate. If you violate any state’s driving laws, your driver’s license may be suspended, revoked, or canceled.
Are All Drivers Required To Have Car Insurance?
Yes. Virtually every owner of a motor vehicle is required to have liability insurance in a minimum amount as specified by your state (typically at least $15,000.00-$25,000.00 for bodily injury to, or death of, one person in any one accident, at least $30,000.00-$50,000.00 for bodily injury to, or death of, two or more persons in any one accident, and at least $10,000.00-$20,000.00 for injury to, or destruction of, property of others in any one accident). You can check with a local insurance agent to determine the minimum limits in your state. Each driver must also carry proof of the required liability insurance in the motor vehicle.
What Is The Legal Drinking Age In Your State?
In most states you must be at least 21 years of age to legally purchase, possess, or consume alcoholic beverages, including beer and liquor.
What Are The Penalties For Violating Drinking Laws?
The penalties for violating drinking and driving laws typically include a fine of up to $1,000 and/or imprisonment in the county jail for up to six months, loss of your driver’s license for up to two years, and a requirement that you undergo alcoholism counseling at your own expense. In addition, you may be required to perform community service for violating any drinking laws.
Can I Be Arrested For Drinking In Public, Even If I Am Over 21 Years Of Age?
Yes. Most cities and towns have enacted local ordinances which forbid such conduct. Penalties include imprisonment, a fine, and/or community service.
What Is Open Container Law?
Open Container Laws forbid anyone from drinking an alcoholic beverage while they are driving or in actual physical control of a motor vehicle. In addition, it is generally unlawful for anyone to have an open alcoholic beverage container in the passenger area of a motor vehicle while the motor vehicle is being driven. These laws are separate and apart from drunk driving laws.
What is "DUI"?
DUI means Driving Under the Influence of alcohol or drugs (whether prescription or illegal drugs). You can also violate the DUI laws by driving with 0.10 (or 0.08 depending on your state) or more blood alcohol level, or if a blood or breath sample within 2 hours of driving is 0.10 (or 0.08) or more - unless you can prove that you consumed the alcohol AFTER driving.
Can I be cited for a DUI with less than 0.10 (or 0.08) Percent Alcohol?
Yes, the general rule is that you may be arrested for driving under the influence if it can be shown you were driving while influenced by alcohol "to a degree which renders you incapable of safely driving or being in actual physical control" of a vehicle, even if your blood alcohol level is less than 0.10 (or 0.08) percent.
What Happens If I Am Arrested For DUI?
The police officer may request that you submit to a preliminary breath test and then a follow-up breath, blood, or urine test. If you refuse to submit to the tests, the police officer may generally seize your driver’s license on the spot, arrest you, and may use reasonable force necessary to obtain a blood sample from you.
If I Am Arrested For Driving Under The Influence, Do I Have The Right To Speak With My Attorney Before I Submit To A Test For Alcohol Or Controlled Substances?
No. This does not constitute a custodial interrogation, so your Miranda rights do not apply here. You must submit to the test(s) for alcohol and/or controlled substances, and the police can use reasonable force against you if you refuse to Cooperate.
What If I’m Just Asleep in the Car When an Officer Arrives?
You may be arrested for a DUI if it is determined that you are in actual physical control of a vehicle while under the influence of drugs or alcohol. Actual physical control is determined in many ways, but includes: 1) having the keys in your possession; or, 2) being behind the wheel or having driven the car to its present location. The penalty for driving under the influence and being in actual physical control are the same.
What Penalties are Imposed for DUI?
The first offense is generally a misdemeanor. Misdemeanors are punishable by up to six months in jail and a $1,000 fine. The minimum penalties for first offense are typically two days in jail (or community service), a large fine and a DUI education course including mandatory attendance at a victim impact panel. If a person’s blood alcohol level was 0.10 (or 0.08) or more, or the person is under the age of 21, he or she may also be required to pay for an alcohol evaluation.
A second offense within seven years generally also constitutes a misdemeanor. The person must generally pay to have an alcohol evaluation done, pay a fine of from $500 to $1,000, serve 10 days in jail or 10 days of in-house arrest (up to six months of jail/in-house arrest), and perform community services.
A third offense within seven years is generally a felony. The person will likely be sentenced to one to six years in prison and pay a $2,000 to $5,000 fine.
Should I Contact an Attorney If I’m Arrested for a DUI?
You generally must have an attorney if: 1) the prosecutor is recommending imprisonment; 2) if the arrest will be your second or third DUI conviction; or, 3) if you are being charged with a felony DUI. If you cannot afford an attorney, one will be appointed for you by the Court.
What is a Felony DUI?
1) Typically, any accident which results in death or "substantial bodily harm" to another person; or 2) a third DUI conviction within seven years (including a conviction from another state).
What Penalty Can I Expect If Convicted of a Felony DUI?
You will likely be fined from $2000-$5000 and serve between 2-20 years in prison.
Are DUI Convictions from Other Jurisdictions Counted by the Courts as Prior Convictions?
Yes. A DUI conviction from any state within seven years of the current DUI case will count as a prior conviction.
If I’m Arrested for a DUI, Will I Go to Jail?
Yes, you will usually be transported to the nearest facility for blood alcohol testing. You will then generally have the opportunity to post bail for your release.
Will I Lose My License for a DUI Conviction?
The first offense will usually result in a 90 days revocation of your license, with that period generally increased to one year for your second conviction. Your third DUI offense will result in a loss of your license for typically three years. You may normally appeal the revocation of your driver’s license through a hearing, and you can sometimes request a temporary license enabling you to drive to work after half of the revocation period has expired. To receive this "work license" may also require a Breath Ignition Interlock Device to be installed in your vehicle.
Driving with a revoked license will generally result in a penalty of 30 days in jail or 60 days house arrest and a $500-$1000 fine. Additionally, your license can be revoked for an additional period of time. After your revocation period has expired, you must reapply for your license through the DMV (including all tests and fees) and you will generally be required to carry a special insurance policy following your offense.
