The Penalties of Drunk Driving Drunk driving is wrong, it's irresponsible, and does cause a senseless waste of lives. All but 2 states (Massachusetts and South Carolina) and the District of Columbia have per Se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level, usually 0.10 percent. Fourteen states mandate jail or community service after first convictions. License suspension or another penalty may result from violations of BAC thresholds that apply only too young drivers in 44 jurisdictions. These underage BAC laws apply to drivers younger than 21