DUI Laws by StateDUI Laws by State

 

Every state has drunk driving laws. Most states refer to drunk driving as DUI; some states refer to drunk driving as DWI; still others refer to drunk driving as OUI, OWI, DUII, DWAI, OUIL or OMVI. But no matter what you call it, the consequences are potentially severe: jail, fines, loss of driver's license, required ignition interlock devices, attendance at alcohol education programs, lectures given by MADD, SADD, or RADD, community service or freeway cleanup, increased car insurance rates, a criminal conviction, and more.

All 50 states 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, 0.08 percent. Forty-five states permit some offenders to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver's breath and disable the ignition if the driver has been drinking. In 30 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.

Forty-three states and Washington D.C. have laws prohibiting the driver, passengers or both from possessing an open container of alcohol in the passenger compartment of a vehicle.

 



Maryland Delaware New Jersey Connecticut Rhode Island Massachusetts New Hampshire Maine Vermont New York Pennsylvania Washington DC Virginia West Virginia Ohio Indiana Michigan Wisconsin Illinois Kentucky North Carolina Tennessee South Carolina Georgia Florida Alabama Mississippi Louisiana Arkansas Missouri Iowa Minnesota North Dakota South Dakota Nebraska Kansas Oklahoma Texas New Mexico Colorado Wyoming Montana Arizona Utah Idaho Washington Oregon Nevada California Hawaii Alaska

License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Forty-one states and the District of Columbia have administrative license suspension laws.

Prosecution for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests (or the refusal to give a breath or blood test, which may show a consciousness of guilt).

Prior drunk driving convictions may impact a current DUI arrest, but the formula will vary from state to state. In some states, the date of the prior arrest will control. In other states, the date of the prior conviction will control.

Because of the threat of loss of federal highway funds, there has been a strong trend to reduce the legal limit for those 21 and older to 0.08% across the country. No one is lobbying on behalf of the impaired driver. However, given the problems associated with alcohol testing technologies, and possible subjective and erratic manner in which drunk driving investigations can be performed in the field, there may be doubts as to whether some DUI arrests and prosecutions are justified.

Drunk driving defense is a complex and technical area of the law. Let one of the qualified DUI LAWS attorneys help find a solution to your legal problem.

:Previous page | Top

 

1800duilaws.com Accessibility Statement



Updated: March 2019.

General


1800duilaws.com strives to ensure that its services are accessible to people with disabilities. 1800duilaws.com has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence.

Accessibility on 1800duilaws.com


1800duilaws.com makes available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. The software allows 1800duilaws.com to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1).


Enabling the Accessibility Menu


The 1800duilaws.com accessibility menu can be enabled by clicking the accessibility menu icon that appears on the corner of the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety.


Disclaimer


1800duilaws.com continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.

Despite our efforts to make all pages and content on 1800duilaws.com fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.


Here For You


If you are experiencing difficulty with any content on 1800duilaws.com or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.


Contact Us


If you wish to report an accessibility issue, have any questions or need assistance, please contact 1800duilaws.com Customer Support as follows:

Email: info@legalbrandmarketing.com

 (800) 384-5297

Find an Attorney

*Up to 3 attorneys will contact you

Please let me know about DUI auto insurance

Privacy policy