The Pitfall of Drinking & Driving While Not Legally Drunk

Okay, you only had two beers at the Labor Day party and you decided to drive.  You’re correct that you’re not going to get cited for DUI/DWI because you’re way below the legal blood alcohol limit.  However, if you get stopped for speeding or any other moving violations and the officer smells alcohol on your breath, guess what?  He can charge you with reckless driving and/or make a note on the ticket that while you were not legally drunk for the purposes of a DUI/DWI charge, you had been drinking enough to possibly impair your judgment.  Any moving violation coupled with the consumption of any amount of alcohol is going to persuade the judge to rule against you in traffic court.

Although this is just a misdemeanor and prior offenses are generally not admissible unless you bring them into issue, it will go on your criminal record as a prior conviction “involving alcohol.”  So, if you’re ever convicted of DUI/DWI or a violent crime, your misemeanor traffic conviction where alcohol was involved is going to influence the sentencing hearing because you are known to consume alcohol and make poor decisions after drinking.  You are much more likely to receive a longer sentence or be denied probation or parole because you were known to drink and drive even though it did not amount to being “legally drunk” for the purposes of DUI/DWI.

Don’t drink and drive!