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Local DUI Checkpoints Text Message & Email Location Alerts
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DUI Laws / DWI Laws / OVI Laws / BAC Limits
State by
State
Did
you know... |
After probation, fines, and an attorney, that a DUI can cost upwards of $10,000. Not to mention your time in jail, community service,and counseling. (Next) |
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Click here for an article on the History and Legality of DUI Checkpoints.
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All 50 states and the District of Columbia have laws
defining it as a crime to drive with a blood alcohol concentration (BAC) at or
above a set level, 0.08 percent.
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License suspension or revocation is a high possibility
if you are convicted of a DUI. Under a procedure called administrative
license suspension, licenses are taken before conviction when a driver fails
or refuses to take a chemical test.
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Because 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. Administrative license suspension laws are in
place in 41 states and the District of Columbia.
Some offenders in 46 states and the District of Columbia
are permitted 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 32 states, multiple offenders may have to forfeit
their vehicles.
Laws prohibiting the driver, passengers, or both from
possessing an open container of alcohol in the passenger compartment of a
vehicle are in place in 43 states and the District of Columbia.
|
State |
BAC |
License
suspension |
Driving
Permit |
Vehicle
forfeiture |
Open
container |
Alabama
|
0.08 |
90
days |
no |
no |
driver/passenger |
Alaska
|
0.08 |
90
days |
after
30 days1 |
yes |
driver |
Arizona
|
0.08 |
90
days |
after
30 days1 |
yes |
driver/passenger |
Arkansas
|
0.08 |
120
days |
yes1 |
yes |
ctl4no |
California
|
0.08 |
4
months |
after
30 days1 |
yes |
driver/passenger |
Colorado
|
0.08 |
3
months |
yes1 |
no |
driver/passenger |
Connecticut
|
0.08 |
90
days |
yes1 |
no |
no |
Delaware
|
0.08 |
3
months |
no |
no |
no |
DC
|
0.08 |
2-90
days |
yes1 |
no |
driver/passenger |
Florida
|
0.08 |
6
months |
after
30 days1 |
yes |
driver/passenger |
Georgia
|
0.08 |
1
year |
yes1 |
yes |
driver/passenger |
Hawaii
|
0.08 |
3
months |
after
30 days1 |
no |
driver/passenger |
Idaho
|
0.08 |
90
days |
after
30 days1 |
no |
driver/passenger |
Illinois
|
0.08 |
3
months |
after
30 days1 |
yes |
driver/passenger |
Indiana
|
0.08 |
180
days |
after
30 days1 |
yes |
driver/passenger |
Iowa
|
0.08 |
180
days |
after
90 days1 |
no |
driver/passenger |
Kansas
|
0.08 |
30
days |
no |
no |
driver |
Kentucky
|
0.08 |
8no |
not
applicable |
yes |
driver/passenger |
Louisiana
|
0.08 |
90
days |
after
30 days1 |
yes |
driver/passenger |
Maine
|
0.08 |
90
days |
yes1 |
yes |
driver/passenger |
Maryland
|
0.08 |
45
days |
yes1 |
no |
driver/passenger |
Massachusetts
|
0.08 |
90
days |
no |
yes |
driver/passenger |
Michigan
|
0.082 |
no |
not
applicable |
yes |
driver/passenger |
Minnesota
|
0.08 |
90
days |
after
15 days1 |
yes |
driver/passenger |
Mississippi
|
0.08 |
90
days |
no |
yes |
no |
Missouri
|
0.08 |
30
days |
no |
yes |
no |
Montana
|
0.08 |
no |
not
applicable |
yes |
driver/passenger |
Nebraska
|
0.08 |
90
days |
after
30 days1 |
no |
driver/passenger |
Nevada
|
0.08 |
90
days |
after
45 days1 |
no |
driver/passenger |
New Hampshire
|
0.08 |
6
months |
no |
no |
driver/passenger |
New Jersey
|
0.08 |
no |
not
applicable |
no |
driver/passenger |
New Mexico
|
0.08 |
90
days |
after
30 days1 |
no |
driver/passenger |
New York
|
0.08 |
variable3 |
yes1 |
yes |
driver/passenger |
North Carolina
|
0.08 |
30
days |
after
10 days1 |
yes |
driver/passenger |
North Dakota
|
0.08 |
91
days |
after
30 days1 |
yes |
driver/passenger |
Ohio
|
0.08 |
90
days |
after
15 days1 |
yes |
driver/passenger |
Oklahoma
|
0.08 |
180
days |
yes1 |
yes |
driver |
Oregon
|
0.08 |
90
days |
after
30 days1 |
yes |
driver/passenger |
Pennsylvania
|
0.08 |
no |
not
applicable |
yes |
driver/passenger |
Rhode Island
|
0.08 |
no |
not
applicable |
yes |
driver |
South Carolina
|
0.08 |
no |
not
applicable |
yes |
driver/passenger |
South Dakota
|
0.08 |
no |
not
applicable |
no |
driver/passenger |
Tennessee
|
0.08 |
no |
not
applicable |
yes |
driver4 |
Texas
|
0.08 |
90
days |
yes1 |
yes |
driver/passenger |
Utah
|
0.08 |
90
days |
no |
no |
driver/passenger |
Vermont
|
0.08 |
90
days |
no |
yes |
driver/passenger |
Virginia
|
0.08 |
7
days |
no |
yes |
no |
Washington
|
0.08 |
90
days |
after
30 days1 |
yes |
driver/passenger |
West Virginia
|
0.08 |
6
months |
after
30 days 1 |
no |
no |
Wisconsin
|
0.08 |
6
months |
yes1 |
yes |
driver/passenger |
Wyoming
|
0.08 |
90
days |
yes1 |
no |
driver/passenger |
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1
Drivers
usually must demonstrate special hardship to justify restoring privileges
during suspension, and then privileges often are restricted.
2 The 0.08 per se
BAC law in Michigan contains a sunset clause which states that the legal BAC
will revert to 0.10 on October 1, 2013.
3 In New York,
administrative license suspension lasts until prosecution is complete.
4 In Tennessee,
municipalities and counties can prohibit passengers from possessing an open
container.
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