DUI Laws / DWI Laws / OVI Laws / BAC Limits
State by
State
Did
you know...
Drivers have the right to refuse a breath test, but this almost always results in an arrest, and a possible loss of license. (Next)
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.
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.
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.
1Drivers
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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