Last Updated on July 9, 2024
The 40-Year-Old Virgin, starring Steve Carell, Seth Rogen, and Paul Rudd, is a cult favorite. While there are a lot of fantastic scenes in the movie, the one that really stands out in the mind of most DUI defense attorneys is the one where a drunk girl gives Andy the (terrifying) ride of his life -as seen above. While watching the scene makes it obvious that Nicky is driving drunk, the real question is how many charges could she face and what defenses would be available to her? Also, could Andy be charged for blowing into her ignition interlock device? Let’s look at these questions about drunk driving in the 40 Year Old Virgin one at a time.
Drunk Driving in the 40 Year Old Virgin
First, when they show drunk driving in the 40 Year Old Virgin, which laws has Nicky actually broken during her quick drive? Her first crime is asking Andy to blow into her IID for her. Then she starts driving while under the influence -and given how intoxicated she acts, she may actually be above the .15 BAC limit for increased sentencing. Since she already has an IID, she has at least one prior DUI on her record. Once she starts going, she is driving recklessly at excessive speeds. She then hits what appears to be five different cars, and since she doesn’t stop, these would all be hit and run accidents. Finally, the ride is brought to an end when she slams into another car, claiming it “came from nowhere.”
Specific Charges in the Scene
Obviously, there are a lot of rules broken in that scene. Nicky could face enhanced DUI charges for a second offense with excessive BAC, reckless driving charges, up to five hit-and-run charges, a misdemeanor for making Andy blow into the IID for her, and her negligent driving caused a serious crash, which could turn the DUI charge into a felony if she caused any injuries or deaths. That means she could face a serious DUI felony charge with enhancement, along with up to seven misdemeanor charges.
Fighting the Charges
Since it would probably be pretty difficult to argue that Nicky is completely innocent of all charges, it would be up to her DUI attorney to push for some of the charges to be dropped or to obtain lighter sentencing on her behalf. For example, it would be possible to argue that because she took two shots just before she got in the car that her BAC wasn’t as high while she was driving as it was when she was tested after the car accident. This rising alcohol defense may work to eliminate the excessive BAC enhancement on the DUI charge.
Her defense lawyer could also try negotiating a plea bargain that would result in minimal sentencing for these crimes in exchange for her pleading guilty. And since she obviously has received a DUI in the past and still has not been able to stop drinking, entering Nicky into a serious, long-term, alcohol-treatment program might make securing a plea bargain a little easier since it would show that she is committed to changing her ways.
Andy isn’t Entirely Innocent
As for Andy, he committed a crime by blowing into Nicky’s ignition interlock device. This misdemeanor offense is punishable by up to six months in jail and a fine of up to $5,000. The thing is, a person must knowingly break this law to be convicted of it. While the police might arrest him if he said that he blew on it before the car started, few prosecutors would press charges without any evidence to show that he knowingly violated the law by blowing on the IID. If charges were filed, his DUI attorney would likely be able to show the court the prosecution lacks evidence to prove these accusations. So, ultimately, Andy would almost certainly be able to beat these charges.
While the drunk driving in the 40 Year Old Virgin scene is a little overblown and few people would ever violate this many DUI laws at once, these charges are real and need to be taken seriously. If you face any DUI-related charges, even for unknowingly blowing on someone’s ignition interlock device, contact a DUI defense lawyer as soon as possible. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation with Peter M. Liss at his office just across the street from the Vista jail and courthouse.
