Is Drinking and Driving Illegal? Yes!…and No!
Ask any officer if it’s against the law to drink and drive, that is, drink a ‘refreshing beverage’ and then get in your car and drive…to the package store, or anywhere! He will tell you a reluctant, NO.
It’s not against the law to drink and drive. Even if you have an open container (that topic discussed on a previous page) the mere activity of driving is not against the law. (The open container is, though… a Class C Misdemeanor.)
It is against the law to drive while intoxicated… by having lost the normal use of your mental or physical faculties.
However, these days, if you are driving your car with alcohol on your breath, you’re going to get arrested for DWI. It’s as simple as that. The billboards are true…Drink, Drive, Go To Jail. Their philosophy is, ‘you might beat the case, but you won’t beat the ride!’
The bottom line is, it’s not worth it. If you have alcohol on your breath, much less, think you’re even close to the legal limit, or the loss of your good balance, call a taxi, call a friend, spend the night, walk.