License Suspension And Beer Buying: What's The Legal Verdict?

Whether or not you can buy alcohol with a suspended license depends on the validity of your license and the charges you have been convicted of. If your license has been suspended due to a DUI charge, the ability to purchase alcohol could be limited. Whether or not you can buy alcohol depends on the terms of your DUI probation. For example, you may be issued probation rules that state that you must refrain from drinking alcohol entirely, or that you are not allowed to enter bars or other establishments that primarily serve alcohol.

DUI penalties and their strictness

The penalties for DUI convictions vary across states, but they generally include imprisonment, fines, mandatory alcohol assessment and treatment, community service, and probation. The severity of the punishment depends on the number of prior convictions, with most states treating first-time offenses as misdemeanors. However, some states impose stricter penalties, even for first-time offenses.

For a first DUI conviction, you can expect penalties such as a fine ranging from $500 to $2,000 or more and jail time of up to six months in most states. The minimum jail time can range from one to several days, depending on the state. In addition, your license will likely be suspended, and you may be required to install an ignition interlock device (IID) in your vehicle. The suspension period varies but is commonly around 90 days for a first offense.

Subsequent DUI offenses result in longer sentences and more severe penalties. The mandatory minimum jail sentence for a second or third offense is often longer than for a first offense. For example, in Colorado, the minimum jail time increases from five days for a first offense to 60 days for a third offense. If a DUI offense results in a felony, such as causing injury or death, you could face prison sentences of several years.

Other consequences of a DUI conviction include increased insurance rates or policy cancellation, restrictions on certain jobs, and civil lawsuits if victims decide to take legal action.

Buying alcohol with a suspended license

If you have been convicted of driving under the influence (DUI), your license has likely been suspended, and you are prohibited from driving legally. However, the rules about buying alcohol with a suspended license are less clear-cut and depend on several factors.

DUI Penalties

Most drivers are unsure about how strict DUI penalties are and whether they can still buy alcohol if they have been charged with a DUI. While there are heavy consequences for a DUI, such as license suspension, jail time, and fines, most people should still be able to buy alcohol regardless of their DUI status.

Whether or not you can buy alcohol with a suspended license depends on the terms of your DUI probation. Sometimes, the courts include probation requirements that limit one's ability to consume alcohol, such as refraining from drinking alcohol entirely or not entering bars or other establishments that primarily serve alcohol. However, these regulations are not typically enforced in first-time DUI cases.

If you are convicted of a DUI, you will be placed on probation and must comply with certain conditions, such as restrictions on drug and alcohol consumption, restrictions on weapons, and reporting to a probation officer.

DUI Probation and Driving

Even if you are allowed to purchase and consume alcohol following a DUI conviction, California's courts will not permit drivers on probation to be inebriated while driving. If you are caught driving while intoxicated, there will be serious legal repercussions. DUI convictions in California are considered priorable offenses, meaning they remain on your criminal record for a minimum of ten years, and any additional DUI charges within this timeframe will result in more severe punishment.

DUI Probation Rules

Once your license is reinstated after a DUI conviction, you must follow specific rules stated within your probation when driving. One critical rule is keeping your blood alcohol content (BAC) low. While most drivers above age 21 must keep their BAC below 0.08%, the requirement for DUI probation is that drivers must keep their BAC under 0.04%. Additionally, all drivers on DUI probation will be required to take a preliminary alcohol screening test if they are stopped on the road, regardless of the reason for the stop. Refusing to take the test may result in immediate license suspension or other penalties.

After DUI Probation

Once your DUI probation ends, you are no longer required to meet the same restrictions and can purchase and drink alcohol as you see fit. However, it is important to remember that your DUI conviction remains on your record for a minimum of ten years, and additional penalties will apply if you are convicted of another DUI during this timeframe.

DUI probation and its terms

DUI probation is a 3-to-5-year period after your conviction where you are subject to special rules and must complete certain obligations. There are two kinds of probation: formal or “supervised” probation, and summary or “unsupervised” probation. DUI convictions usually come with a period of summary probation, and it is very rare in California to receive supervised probation for a DUI.

Terms of DUI Probation

During DUI probation, you must not commit any crime. You also cannot drive with any amount of alcohol in your system, meaning that even if your tested blood alcohol concentration (BAC) is below the normal legal limit of .08%, you could still get a new DUI. The general cutoff for drivers on DUI probation is .04%, but it can be less. You cannot refuse a chemical test if suspected or arrested for DUI. If an officer asks you to take a roadside PAS test, you must take it, and if arrested, you must submit to a blood, breath, or urine test.

Additional Requirements of DUI Probation

During your probation, you must also:

• Pay your fines and court fees related to your DUI, or set up a payment plan to get them paid
• Enroll in and complete DUI traffic school
• Complete your jail time, if any. However, jail time is sometimes waived when you complete your probation

The most common additional requirements include:

• Completing a certain number of hours of addiction treatment
• Installing an ignition interlock device on your vehicles, so you cannot start them without passing a breath test
• Attending a “deterrent program” that tries to scare you into driving sober in the future

Probation Violation

Breaking any condition of your DUI probation can lead to jail time, fines, and other penalties.

Driving while intoxicated after a DUI conviction

Jail Time

The amount of jail time for a DUI conviction depends on the jurisdiction and the number of prior convictions. For a first-offense DUI, most states classify it as a misdemeanor with a maximum jail sentence of six months to a year. However, some states have shorter maximum jail times, such as 30 days in New Jersey, and a few states do not impose any jail time for a first offense. The mandatory minimum jail sentence also varies, with some states requiring at least several days for a first offense. For second and subsequent DUI convictions, the maximum and minimum jail times tend to increase. For example, in Colorado, the minimum jail time is five days for a first offense, 10 days for a second offense, and 60 days for a third offense, while the maximum jail time remains one year for all three offenses.

Fines

DUI convictions typically result in fines, and the amount of the fine depends on the state and the circumstances of the case. Generally, fines increase with the number of prior convictions. A standard first DUI conviction can result in fines ranging from $500 to $2,000 in most states, while subsequent offenses and cases involving aggravating factors can lead to fines well into the thousands.

License Suspension

License suspension is a common consequence of a DUI conviction and can last for a substantial period. The suspension period varies by state and is often longer for repeat offenses. For example, in California, the suspension period for a first DUI conviction is six months, while for a second and third conviction, it is two and three years, respectively. Unlawful refusal to take a blood, breath, or urine test can also result in a longer license suspension. In some cases, a motorist may be able to obtain a "hardship license" to drive to specific places, such as work or school, during the suspension period.

Alternative Forms of Punishment

Some states offer alternative sentencing options, especially for first-time offenders. These may include substance abuse education and prevention programs, community service, or treatment for substance abuse. Judges may recommend these alternatives instead of or in combination with other penalties like jail time or fines.

Other Consequences

A DUI conviction can have far-reaching consequences beyond the legal penalties. It often leads to increased insurance rates or cancellation of the insurance policy. The conviction stays on the individual's driving record for many years, impacting their insurance rates and employment opportunities. Certain jobs that involve driving, such as driving a school bus or delivery van, may be closed to those with a DUI conviction. Additionally, if the DUI conviction involves an accident, the driver may face civil lawsuits from victims seeking compensation for property damage or bodily injuries.

DUI as a priorable offense

A DUI is a "`priorable` offense," meaning that the penalties for each successive conviction become more severe. The number of prior convictions influences the penalty imposed upon conviction for the current crime.

For example, in California, a first-time DUI conviction can result in jail time between 96 hours and 6 months, a fine between $390 and $1,000, and/or a driver's license suspension for 6 months. However, for a second DUI within 10 years, the penalties increase to jail time between 90 days and 1 year, a fine between $390 and $1,000, and/or a driver's license suspension of up to 2 years. A third conviction within 10 years can lead to even harsher penalties, including jail time between 120 days and 1 year, a fine between $390 and $1,000, and/or a driver's license revocation for 3 years.

Different states have different "lookback periods," which determine how far back in time they will search for a prior conviction. For instance, Pennsylvania has a 10-year lookback period for DUI, whereas Delaware has a 10-year lookback period for a second DUI offense and a lifetime lookback period for a third or subsequent DUI offense.

Frequently asked questions