DISPARITIES IN PUNISHMENT FOR DRUNK DRIVING AND USING A CELLPHONE WHILE DRIVING

In the United States, driving with a blood alcohol concentration (BAC) of at least .08% is regarded as one of the most serious offenses threatening road safety; meanwhile, driving while using a cell phone (CUD) is considered to be significantly less serious. Whether or not an accident occurs, the BAC driver may face punishment, including fines, license revocation, jail time, probation, and more, while the CUD driver merely faces fines and points against their license at most. Both offenses risk harm to others, but only the BAC driver's offense gets taken seriously. I argue that assuming both are equally culpable and risk equivalent harm, both drivers should face equal punishment, and punishment should not depend on the driver causing an accident because punishment should not rely on moral luck.