While Intoxicated is a crime, as are certain so-called per se offenses related to having certain levels of alcohol in one's blood or breath, or controlled substances in one's blood. In my mind, there is no other criminal act that has caused so many state legislatures to pass so many laws whittling away at a driver's rights than the offense of driving while intoxicated. A misdemeanor for the first offense. Counties vary widely in sentencing first time offenders. A few counties offer a diversion program.
Some counties require mandatory jail sentences.
Most counties offer probation and alcohol education. The offender's driving license is always placed in jeopardy due to statutory and administrative suspension. Often a police officer will stop a vehicle for routine causes such as speeding or other traffic violation, equipment deficiencies or such as discussed above. Upon stopping the vehicle and talking with the driver, the officer may quickly come to a conclusion that the driver has consumed alcoholic beverages. In most jurisdictions, it is not against the law to have consumed alcohol and then drive a vehicle.