Does drinking while driving = jail time?

Do you have to be drunk to the point where you fail a BAC/field sobriety test, or can the police arrest you on the basis that someone saw you drinking beer while driving? I know in the US, state laws determine whether simply drinking while driving is a felony. IMO, it should be a felony in every state. Just because someone who is drinking isn't drunk enough to do some damage doesn't mean they won't be later on. The driver could be planning to drink more beer after the police officer leaves him/her alone.

You can't be arrested simply because the police thing you are going to commit a crime at a later date.

There are open container laws in most states (maybe all states), which would mean that you can't have an open beer in the car with you, so you don't have to be drunk to get at least a ticket.

However, the answer to the question in the subject line is clearly NO! Examine the statistics for the number of times the average DUI defendant has driven drunk prior to being caught, and you will find that the odds of being caught is probably why people keep on doing it.

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Originally Posted by Shaggy Hiker

There are open container laws in most states (maybe all states), which would mean that you can't have an open beer in the car with you, so you don't have to be drunk to get at least a ticket.

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I think some open container laws are being criticized for not doing much good.

How about something along the lines of making it illegal for a beer bottle to be located within the reach of the driver.

I'm fairly sure the container laws are there to allow the police to exercise judgement. So if you're driving sensibly, completely clean, and one of your mates in the back has an open can of larger, a copper who pulls up next to you at the lights is probably not going to ticket you. But if you come screaming out of a car park, hanging out the window with a freshly opened botle of jack then it's pretty obvious you're going to get drunk even if you haven't yet and it means the copper can nail you before you do any damage.

There's loads of laws like that. Taken at face value they're pretty draconian but that's because they're not really meant to be exercised every time they apply. Of course, leaving room for discretion in the law is a double edged sword because, let's face it, not every policeman is the Brain of Britain.

There is a type of DUI called "DUI Less Safe." A friend of mine got nailed for this one night when he was working late.

He had only drunk 1/2 of a beer, and was not even close to being legally drunk. But because he ran a red light and was pulled over, and then admitted that he had 1/2 a beer, they charged him with DUI Less Safe...and arrested him on the spot.

It was a costly mistake for him, as it reads DUI on his record ... forever. I think it also cost him about $20,000 in legal fees and fines, points on license, insurance prices hiked on him, and he had to do community services.

So, I would not recommend being stopped with a beer in your hand while behind the wheel.

Haha, you guys are hilarious.A ticket if you have an open bottle!Hahaha.Oh boy that was funny.Anyhow since the thread did not specified a country i can tell you that in Greece, the only way to be arrested for drinking is if you run over a guy with your car...That of course you have run over again when you putted it on reverse.So come in lovely Greece to get drunk without worries...Open bottle in car.Phhh Haahahahaaa.Sorry sorry but that was so funny.

I would think that someone from Greece should be one of the last people to be criticizing other countries...indeed, I think a 12 year old in Germany just bought Greece with his pocket money...;)

I'm not criticizing, and Germany could pay us the War compensation that comes to 150 billion Euros and we are fine.Also if i want to criticize anyone i could do it because Greek people and Greek civilization is what makes you now be there and using words instead of primal screams.I won't of course because no one gave me a reason.Anyway i don't have anything against German people i just would like to decapitate their politicians and of course our politicians.
Anyhow, are you the 12years old kid from Germany?I would love a contribution to save Greece from bankruptcy.

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Originally Posted by sapator

I'm not criticizing, and Germany could pay us the War compensation that comes to 150 billion Euros and we are fine.Also if i want to criticize anyone i could do it because Greek people and Greek civilization is what makes you now be there and using words instead of primal screams.I won't of course because no one gave me a reason.Anyway i don't have anything against German people i just would like to decapitate their politicians and of course our politicians.
Anyhow, are you the 12years old kid from Germany?I would love a contribution to save Greece from bankruptcy.

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You are not making a good case for Greek civilization evolution to drinking and driving being a positive social change...will you take 150 bazillion before or after you decapitate the politicians? That many Euros will buy a lot of [German] beer! ;)

I own the exclusive rights from the Egyptians so i will do whatever i want:

"Based on historical evidence, it appears that the Egyptians taught the Greeks the beer brewing process.The Greek writer Sophocles (450 BC) discussed the concept of moderation when it came to consuming beer in Greek culture, and believed that the best diet for Greeks consisted of bread, meats, various types of vegetables, and beer or "ζῦθος" (zythos) as they called it. The ancient Greeks also made barleywine (Greek: "κρίθινος οἶνος" - krithinos oinos, "barley wine") mentioned by Greek historian Polybius in his work The Histories, where he states that Phaeacians kept barleywine in silver and golden kraters."

OK, what if the driver was drinking something other than beer? Out of something other than a can or a bottle?

Are there any laws which prevent that?

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Originally Posted by honeybee

OK, what if the driver was drinking something other than beer? Out of something other than a can or a bottle?

Are there any laws which prevent that?

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"...open alcoholic beverage container..."