Is Drunk Driving a Felony, What’s the Punishment, and How Many People Die From It?

Drunk driving is a significant vice that has caused much pain and sorrow to family members and the rest of society. In the past two decades, it has gained traction as a matter that needs attention, considering the increased laws against it. However, it is still prevalent, with little discrimination against specific demographics or geographical areas. Drunk driving laws have increased awareness, making it more than just something to be frowned upon but an offense that could land the perpetrator in jail.

Drunk Driving Statistics

Despite attaining attention and awareness over the years, injuries and mortality as a result of drunk driving have risen over the years. Road crashes are currently one of the primary sources of disability and death among the youth demographics. Road users who are under the influence of alcohol are at a higher risk of being involved in life-altering accidents. This is apparent considering the statistics of crashes, which can be attributed to blood alcohol levels.

How Many People Die from Drunk Driving?

In the United States, nearly a third of the car crashes that happened in 2021 involved drivers under the influence. The figure considers the number of traffic accidents linked to alcohol. Unfortunately, the mortality numbers are equally alarming. An estimated 37 people within the country die in drunk driving incidents every day. According to the National Highways Transport Safety Administration, that is one person every 39 minutes in 2022. 

The drunk driving statistics have yet to improve as they accounted for 25 percent of the traffic fatalities the following year. That means a quarter of the deaths on the road that year could have been prevented. Unfortunately, there has been sparing progress in that department, considering current forecasts and trends over the previous decades. 

Drunk Driving Laws

The perspectives surrounding drunk driving have significantly changed the way the legal and social systems treat the issue at present. What was once considered a nuisance or social faux pas is now an indictable offense carrying significant consequences for the convicted offender.

When Did Drunk Driving Become Illegal?

Motor vehicle operations began in the early 1900s, so driving under the influence quickly became an issue. However, the first laws against driving drunk in the 1910s were vague, so there was no clear definition as to what drunk driving constituted. 

In the 1930s, though, the American Medical Association put together a task force that created a study that researched the causes of motor vehicle accidents. It was then that the link between DUI and DWI began to be drawn. Forty years later, during the 1970s, drunk driving laws started to change as they added intoxication levels for testing criteria. The legal drinking age in America also increased from 18 to 21. 

It was during the 90s that most states created strict laws to combat driving under the influence. At this time, minors found with any level of blood alcohol would be charged with Driving Under the Influence. The changes to drunk driving laws did not take place uniformly, though, as it was only as recent as 1988 that all 50 states considered driving under the influence illegal. 

DUI Laws and Penalties

The progression of drunk driving laws has taken individual trajectories in every state. Each state has a legal framework for driving under the influence offenses and the number of times it is done. At the base level, the legal blood alcohol limit is less than 0.08. A driver can also be charged with operating while impaired, which happens because they are affected by drug intake or a combination with alcohol use.

The penalties vary depending on the state, and whether the offense is considered a moving or non-moving violation. Some states impose harsh penalties for first offenses, while others are more lenient. In Massachusetts, for example, a first-offense DUI conviction can land a penalty of up to 2 and a half years in jail. In California, though, the maximum penalty for a first-time DUI is six months in jail. This also extends to license suspension or revocation. In California, a first-time offender may have their license suspended for six months, while the same offense in Massachusetts will mean a license revocation for a year.

The penalties also increase with the number of offenses. Second- and third-time offenders are likely to have higher penalties than first-time offenders regardless of the state. Zero tolerance laws also apply in most states for drivers under 21. Violators who are caught with blood alcohol above 0.02 g/dL will have their licenses suspended or revoked.

Is Drunk Driving a Felony?

Typically, drunk driving falls under the category of minor offenses for most states. So, first-time offenses may be treated as a misdemeanor. That said, repeat DUI offenders or a scenario where the person seriously injures or kills other people in an accident will create a case for a felony offense. In some states, the first and the second DUIs are treated as misdemeanors, while the third is considered a felony. 

That means it attracts a higher penalty for time in prison and fines. Likewise, one who has caused the injuries or deaths of others will likely be charged with a felony DUI along with murder or manslaughter, depending on the case.

Sentence and Punishment for Drunk Driving

For the majority of states, initial or first DUI offenses are categorized as a misdemeanor. That is unless there were negative consequences such as accidental death or damage to property. For scenarios where the person was caught during a traffic stop and convicted of the crime in court, they are usually sentenced to a maximum of six months in jail. 

In California, the offender may not have to go to prison but must be subjected to three years probation and a fine of up to $1,000. In the same state, fifth-time offenders must complete DUI school, be sentenced to three years, and pay $1,000 in fines. 

Legal Representation for Drunk Driving

DUI charges have a defense in court, especially if the tests on the driver were not administered correctly. Individuals who feel they have been discriminated against or mistreated can utilize the services of an attorney to plead their case.

Role of a Drunk Driving Lawyer

An experienced DUI lawyer represents clients charged with these offenses. They give legal advice and devise a defense strategy structured to prove the alleged offender’s innocence or obtain the best outcome. The attorney must be capable of accurately judging the situation and identifying loopholes that would benefit the team.

Defense Strategies

The charges might be daunting, but DUI cases can be defended if the lawyer is experienced and skilled enough to frame the case correctly. Lawyers use common defenses. Chief among them is that the suspect could not contact legal counsel during the investigation. Everyone has the right to consult with an attorney during an investigation or following arrest, provided it will not impede the investigation of the DUI.

The other defense was that the traffic stop was not legal. A driver should not be stopped unless the officer had a reasonable basis to believe that traffic laws had been violated. Thirdly, the attorney may argue that breath alcohol testing or field sobriety tests were inaccurate. This may be the case as breathalyzers can give false high readings due to variances in body temperature. Similarly, the officer conducting the field sobriety test may not be qualified to do so. 

Drunk driving has come a long way regarding how it is perceived and the legal implications to offenders. Unfortunately, the statistics are still high for crashes reported daily and the percentage of these that end in fatalities. Factors such as high levels of alcohol or drug use in the teen and young adult population may be contributing to the car accident mortality numbers. This is because most DUIs occur within this age group. Changes to the law, including zero tolerance statutes for minors though, have put punitive measures on offenders. 

All states have also contributed to the initiative to reduce driving under the influence incidents because of the risk they carry to other road users. Aside from harsh penalties, offenders must attend DUI school, do community service, or remain on probation. Legal assistance is also present for individuals who believe they have been mistreated. DUI lawyers have the experience to guide their clients toward results that are in their best interests.