When it comes to the legal consequences of alcohol, most people think of obvious infractions like DUI (driving under the influence), MIP (a minor in possession), and other related offenses. But alcohol-related crimes aren’t limited to just those. In fact, an estimated 80 percent of criminal defendants were under the influence of alcohol at the time of their offense.
Why? Because alcohol lowers inhibitions. These are the same inhibitions that stop us from belting out off-key songs in public or wearing lampshades on our heads at parties. But they also stop us from punching someone in a fit of anger or spray-painting a neighbor’s car.
Alcohol consumption—and especially underage drinking—can also come with collateral damage. A DUI conviction, for example, usually causes auto insurance rates to skyrocket. An MIP conviction can make things like college and other admissions applications much harder to navigate.
In this article, I’ll break down how alcohol can lead to legal trouble in a variety of ways, including:
- DUI charges – the basics of driving under the influence – what qualifies, how it’s prosecuted, and what penalties are typically involved.
- Other alcohol-related infractions – Offenses tied to excessive consumption like public intoxication, disorderly conduct, and minor in possession (MIP) violations.
- Alcohol and felonies – How alcohol can escalate situations into felony-level charges, including assault, property damage, or repeat offenses.
- Collateral consequences – The ripple effects of alcohol-related convictions – skyrocketing insurance rates, damaged academic prospects, and employment challenges.
DUI: The most common excessive consumption offense
DUI (driving under the influence) – or DWI (driving while intoxicated) – is the most common excessive alcohol consumption offense.
Way back in the day, DUI was basically a traffic ticket. Then, a long-term DUI crackdown began in the 1990s. The crackdown featured tougher laws, like a lower BAC limit, and more aggressive enforcement tools, like DUI checkpoints.
Beginning in 2020, this crackdown picked up speed. The number of fatal alcohol-related car crashes spiked during coronavirus lockdowns, and now, many authorities feel intense pressure to “do something” about this problem.
Exact laws vary in different states. Generally, in court, prosecutors must prove that the defendant lost the normal use of his/her normal mental and physical faculties or the defendant’s BAC level was above the legal limit.
The state generally uses field sobriety test results to prove loss-of-function DUIs. Police officers invariably testify that defendants “failed” these tests. But a judge or jury has the final say in the matter. Additionally, many people do poorly on physical tests because they have disabilities or because they’re nervous, sleepy, or just plain clumsy.
DUI punishments also vary in different states. Usually, first-time DUI is a misdemeanor, as is second DUI. Subsequent DUIs are usually felonies.
Other excessive-consumption related charges
Other excessive consumption-related criminal charges include:
- Public intoxication
- Furnishing alcohol to a minor
- Intoxication manslaughter
Let’s break them down.
Public intoxication
Most states have a public intoxication (PI) law or a related law, such as disorderly conduct.
Usually, the state must prove defendants were under the influence of alcohol and endangered themselves or others. Physical symptoms, like bloodshot eyes, usually prove the UI (“under the influence”) portion. As for the second part, if you open a door, you’re a danger to yourself or others.
Furnishing alcohol to a minor
Adults who give or sell alcohol to minors under 21 are usually breaking the law.
The key issue here is the mens rea (criminal state of mind). Most states require that the adult intentionally provided the alcohol—like buying beer for minors or handing them a bottle of whiskey on purpose.
Some states use a slightly different legal standard: knowingly furnishing alcohol, rather than intentionally. “Knowingly” doesn’t always mean directly handing the alcohol over – it could also mean turning a blind eye, like knowingly letting minors raid your liquor cabinet without stopping them.
Intoxication manslaughter
Prosecutors usually file intoxication manslaughter charges in fatal crashes involving alcohol.
One challenge for the state is proving the “D” in DUI – that the defendant was actually driving. That can be tough unless the person admitted to being behind the wheel or a reliable witness saw them driving around the time of the crash.
Even though these cases involve a death, they’re typically not charged as murder, mainly because of the “specific intent” requirement in murder cases (more on that below).
As with any alcohol-related offense, the prosecution has to prove every element of the charge beyond a reasonable doubt. So if there’s missing or weak evidence – especially around who was driving – that often becomes the strongest defense.
Alcohol possession infractions
MIP (Minor in Possession, aka underage drinking) and similar alcohol possession charges usually involve four basic elements that prosecutors must prove:
- Prohibited location or status
- Close proximity
- Exclusive control
- Actual knowledge
Prohibited location or status
If you’re under 21, that’s automatically considered a “prohibited status” when it comes to alcohol. Some places are also off-limits – like public parks, streets, or inside a vehicle. In most states, just being in a motor vehicle with alcohol is enough to trigger this element.
Close proximity
This means the alcohol doesn’t even have to be in your hand. If it’s nearby—like on the floorboard or seat of a car—you can still be charged. Most laws define “close proximity” pretty broadly, especially in vehicles.
Exclusive control
The prosecution has to show that you had some level of control over the alcohol. For example, if the bottle was in your backpack, glove compartment, or something that clearly belonged to you, that’s considered “exclusive control.”
Actual knowledge
You have to know the alcohol is there. If someone stashed a beer under your seat without your knowledge, that could be a valid defense. But if it’s sitting right next to you in plain view, that defense gets harder to argue.
Alcohol possession charges are usually easy for prosecutors to prove, especially in straightforward cases. But the good news is that in most states, the penalties for a first-time MIP offense are pretty light—think fines, community service, maybe an alcohol awareness class.
Alcohol and felonies
Alcohol intoxication causes many crimes, but it could be also be used as a defense during trials for specific intent felonies. These offenses include:
- Burglary
- Arson
- Murder
- Embezzlement
- Aggravated assault
For example, in an aggravated assault case, the state must prove the defendant intended the conduct (hitting the alleged victim) and the result (seriously injuring the alleged victim). Generally, intoxicated people cannot think two steps ahead like that.
Collateral consequences
Most alcohol consumption and possession crimes are misdemeanors. The direct punishments, while harsh, don’t last very long. But the collateral consequences are different. These consequences may include:
- Soaring car insurance costs
- Costs related to alcohol-related car crash damages
- Possession charges and loss of child custody
- Increased difficulties in securing employment
Financial consequences of a DUI
An oft-quoted statistic is the average cost of a first-time DUI, which is over $10,000. This high cost is mostly due to higher auto insurance rates.
Convicted DUI offenders must buy high-risk SR-22 insurance. These policies usually triple insurance rates. After three years, these drivers can shop for lower coverage… but there’s no guarantee they’ll find it.
Consumption offenses often have civil consequences as well. Damages in alcohol-related car crashes often exceed $100,000. If drivers don’t have sufficient insurance to cover these damages (and they usually don’t), they could be personally liable for the remainder.
Legal consequences of alcohol possession charges
Possession offenses, like open container violations, often have negligible criminal court consequences and earth-shattering family court impacts.
In most states, at-home possession of alcohol near children endangers their physical safety and/or emotional well being. The aforementioned open container violations are even worse.
Employment consequences
Don’t forget employment effects.
Now, we previously mentioned the connection between DUI and insurance rates above. Just as many commercial insurers won’t cover drivers with DUIs, many employers won’t hire people with recent criminal records – especially if those records include alcohol-related offenses.
Rather than an outright job rejection, the consequence of a DUI or other alcohol-related charge can be more subtle as well. Many bosses think that people who commit alcohol-related offenses have poor judgment skills and are personally reckless. Usually, that assessment is pretty much spot on.
Assume an interview process goes down to Dan and Frank. They’re equal in every way, except Frank has a DUI on his record. Who do you think will get the job?
The bottom line on the legal consequences of alcohol
Alcohol can create problems that go far beyond a hangover.
From DUIs and underage possession to more serious charges like intoxication manslaughter, the legal consequences of alcohol can follow someone for years. Even when penalties for first-time offenses seem light, collateral consequences – like higher insurance premiums or limited job opportunities – can be severe.
The key takeaway? Knowing the risks and limits of alcohol use isn’t just about health and safety – it’s also about protecting your future.
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