DUI Laws & Punishments

Charges

• In most states, simply driving while drunk is a crime in and of itself, regardless of whether you caused other problems such as an accident, and regardless of whether the police pulled you over for erratic driving or for an unrelated issue, such as a broken tail light. In these states, you can face a charge of "DUI per se," meaning that you have broken the law because you drove with a BAC higher than .08.
  
  

Complications

• Drunk driving might lead to other charges stemming from (or related to) your intoxication. In most states, it is illegal for you to possess an open container of alcohol while driving. In addition, if you get into an accident, you may be charged with a felony for causing harm to others while driving under the influence. If you kill someone in a drunk driving accident, you may be charged with second degree murder or manslaughter. In some states, you can be charged with a DUI-specific felony for "drunk driving causing death."
  
  

Penalties

• DUI punishments vary from state to state and may include jail time, fines, the impounding of your car and the loss of your driver's license. In many states, people convicted of driving under the influence must install a interlock ignition device (IID) in their cars. This device works like a breathalyzer, and prevents the car from starting if your BAC is over the legal limit. Many states are more lenient for first-time offenders, and may impose lighter fines or replace jail sentences with community service or required Alcoholics Anonymous meetings.
  
  

Special Circumstances

• Some states impose greater punishments on drunk drivers in special circumstances; for example, if there were children in the car with the drunk driver. In some states, the laws are also severe for repeat offenders. In Michigan, for example, your third DUI offense (even if no accident occurred) is considered a felony, and you may end up in prison for up to five years.
  
  

Young Offenders

• Many states have particularly severe laws for underage drunk drivers. Often the legal BAC limit for an underage driver is only .02 instead of .08. You may also have to worry about related charges, including underage drinking, illegal possession of alcohol and giving alcohol to other minors (if they are in the car). Punishments may include fines, jail time, community service, drug education classes and getting your license revoked for up to three years.