this post was submitted on 29 May 2025
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No Stupid Questions
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It would just be reckless driving/endangerment at that point
Can they give identical penalties for it such that they were punished in the exact same way. Its an interesting notion
Iโm not a lawyer but I have been through the criminal system a couple of times.
They might face SOME of the same consequences if they damaged property or hit someone but they wouldnโt get a DUI.
Which is way worse
Some states lump it all into 'driving while impaired' which can also cover stuff like falling asleep while driving, so I'd assume it'd apply in your hypothetical.
Like all legal questions, depends on the location but to answer the question generally, yes they could be charged with DUI if they fail a field sobriety test. Which doesn't always include / require a test for BAC specifically.
But if they drug tested them and there was literally no trace of substances nor alcohol and yet they're driving while "smashed". Law is very interesting, reminds me of the auto-brewer guy