There are many types of drunk charges a person can legally face after consuming alcohol, ranging from public drunkenness to driving while under the influence. While some may result in misdemeanor charges, others may carry more serious criminal charges resulting in jail time, and the severity of punishment varies by state.
What Is a Drunk Charge?
In most states, operating a motor vehicle with a blood-alcohol content (BAC) level of 0.08 or higher is illegal. Those driving commercial vehicles, such as trucks transporting goods, may be charged with drunk driving with a BAC of only 0.04 or higher. In some states, BAC levels which may result in a drunk driving charge may be even lower for regular drivers. For example, in Utah, a person can be charged with driving under the influence with a blood-alcohol content of only 0.05.
In some jurisdictions, riding a bicycle, a lawnmower, or even a skateboard with a BAC of 0.08 or more can result in an arrest. There are many different kinds of drunk charges that apply to more than just operating modes of transportation.
Types of Drunk Charges
Driving Under the Influence – Often referred to as a DUI, driving under the influence of alcohol or drugs is one of the more serious charges one can garner.
Wet Reckless – Reckless driving may be a crime in and of itself. However, when a driver has consumed alcohol and is suspected of reckless driving, this is known as a wet reckless in some jurisdictions. This charge may differ from a DUI in that a person’s BAC may technically be within the legal limit or considered to be right at the limit’s borderlines. Commonly cited as a misdemeanor or infraction, a wet reckless can be counted as a prior DUI conviction if a person is ever stopped for a drunk charge a second time.
Alcohol-related charges typically include an arrest and a court appearance. Beyond a brief time spent in jail and the inconvenience of appearing in court, alcohol-related charges can also lead to:
- A loss of driving privileges
- A monetary fine
- Court-ordered community service
- Court-ordered classes related to DUI subject matters
- Court-ordered alcohol treatment
- Lengthier jail time (or imprisonment if drunkenness resulted in the injury or death of another)
- An ignition interlock device (requiring people convicted of drunk driving to breathe into a machine designed to measure one’s blood-alcohol levels before a car’s ignition can be turned on)
- An increase in insurance premiums
- A vehicle being impounded
It is not uncommon for people to also lose employment after incurring certain types of drunk charges, too.
Exact charges and penalties vary from state to state, but most apply a variation of all of the above. The types of drunk charges and their subsequent penalties may also depend on whether it is a person’s first offense or if they’ve had previous offenses.
While DUI-related offenses are the most common types of drunk charges, others do not involve a moving vehicle and may include:
Public Intoxication
These laws are enacted so that the general public doesn’t have to come into contact with people who are under the influence of drugs or alcohol. Under this category, “drunk walking” may also be considered. While not a legal charge, people walking while intoxicated are less likely to observe safety laws, which may lead to injury or death. As such, police may observe someone walking while under the influence of drugs or alcohol and stop them for public intoxication as an effort to prevent such accidents.
Drunk and Disorderly Conduct
Laws against drunk and disorderly conduct are similar in design to those of public intoxication. People who are belligerent or who become a nuisance while intoxicated can be cited or even arrested for drunk and disorderly conduct when in a public place. Typically, this does not include social gatherings where alcohol is being served but relates mostly to places where others are not drinking and drunken behavior is considered offensive, threatening, or is causing a spectacle.
Underage Drinking
The legal drinking age in most of the United States is 21 years of age. In some U.S. territories, the age may be 18 years of age. Minors found consuming alcohol before the legal age may be cited or arrested for underage drinking.
Supplying a Minor With Alcohol
Anyone found giving an underaged person alcohol can be charged with a crime. Selling alcohol to a minor or purchasing alcohol on behalf of a minor falls under this category. Also known as contributing to the delinquency of a minor, providing drugs or alcohol to a child are expressly forbidden by law.
Other, more serious, offenses may not be specifically classified as types of drunk charges, but are commonly associated with intoxication and may include:
- Domestic violence
- Child abuse
- Physical assault
- Sexual assault
- Rape
- Theft
- Property damage
- Homicide
Everyone consuming alcohol should be aware of the effects of consuming too much. The same applies to people partaking of mind-altering drugs, even when prescribed by a doctor.
The acronyms used to describe the different types of drunk charges may also be different. Here is a brief list of those used in different municipalities:
- DUI – Driving Under the Influence
- DWI – Driving While Intoxicated
- OVI – Operating a Vehicle Impaired
- OWI – Operating While Intoxicated
- OMVI – Operating a Motor Vehicle While Intoxicated
- DUIL – Driving Under the Influence of Liquor
While reviewing the different types of drunk charges, it is worth noting that having an open container of alcohol inside a car or truck is also illegal in most jurisdictions. This can lead to charges whether or not any alcohol has actually been consumed. In fact, currently, 43 states have “open container” laws. Under these laws, each and every adult passenger, as well as a driver, may be cited for an alcohol-related charge. Penalties for these charges may increase in severity if a vehicle crash occurred while an open container of alcohol was present inside the car or truck.
Alcohol-Related Charges Are Always Serious
While the types of drunk charges can vary according to the jurisdiction where they were first applied, all charges carry some sort of legal penalty if a person is found guilty. Damage to personal and professional reputation which affects future earnings, legal fees and fines, alternative transportation expenses, and any costs related to property damage could apply. Certain types of drunk charges can certainly affect one’s ability to drive a moving vehicle in the future and some may even result in a person being jailed or imprisoned.
For those of legal age to drink, being intoxicated is not a crime. Being aware of the potential legal consequences of bein under the influence before making the decision to drink alcohol or take drugs can help a person avoid serious charges and their repercussions.
Learn More
Anyone suffering from alcoholism or other forms of addiction should seek immediate medical attention. However, it should be noted that a person does not have to be an alcoholic to encounter one of the aforementioned types of drunk charges. For more information on the different types of drunk charges, visit our library of legal articles on this topic. If you or someone you know has been charged with an alcohol-related crime, becoming familiar with the specific types of charges in your state is recommended. Legal help should also be sought from a qualified attorney in your area who specializes in all types of drunk charges.