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, currently 0.08 percent (0.08 g alcohol per 100 ml blood).
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. Administrative license suspension laws are in place in 41 states and the District of Columbia.
More than half of all U.S. states require DUI offenders to install ignition interlocks on their vehicles in order to drive during a license suspension and/or require interlocks for specified time periods before fully relicensing offenders. These interlock devices analyze a driver’s breath and disable the ignition if the driver has been drinking. In 13 states (Alaska, Arizona, Arkansas, Colorado, Hawaii, Illinois, Louisiana, Nebraska, New Mexico, New York, Oregon, Utah, and Washington), such a restriction is applied to all offenders, including first time offenders. California applies a similar restriction to all offenders, but only in 4 counties. An additional 9 states apply the restriction to all offenders with high BACs (usually 0.15 percent or higher) and to repeat offenders, and 6 states apply the restriction only to repeat offenders.
Laws in the remaining states do not require interlocks at all, though courts or DMVs in 18 states and the District of Columbia have the discretion to apply interlock requirements. Only 3 states (Alabama, South Dakota, and Vermont) have no interlock laws.
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. Administrative license suspension laws are in place in 41 states and the District of Columbia.
More than half of all U.S. states require DUI offenders to install ignition interlocks on their vehicles in order to drive during a license suspension and/or require interlocks for specified time periods before fully relicensing offenders. These interlock devices analyze a driver’s breath and disable the ignition if the driver has been drinking. In 13 states (Alaska, Arizona, Arkansas, Colorado, Hawaii, Illinois, Louisiana, Nebraska, New Mexico, New York, Oregon, Utah, and Washington), such a restriction is applied to all offenders, including first time offenders. California applies a similar restriction to all offenders, but only in 4 counties. An additional 9 states apply the restriction to all offenders with high BACs (usually 0.15 percent or higher) and to repeat offenders, and 6 states apply the restriction only to repeat offenders.
Laws in the remaining states do not require interlocks at all, though courts or DMVs in 18 states and the District of Columbia have the discretion to apply interlock requirements. Only 3 states (Alabama, South Dakota, and Vermont) have no interlock laws.
DUI-DWI Definitions
Absorption Rate: The rate at which consumed alcohol finds its way into the blood stream. While alcohol sits in the stomach, its absorption is delayed. Absorption rate will be affected by how much was eaten, individual biologic differences, and what type of beverage was consumed. When drinking continues over a course of hours, both absorption and “burnoff” (metabolizing of alcohol) will be happening simultaneously.
Administrative License Suspension: A law that allows the prompt suspension of the license of drivers charged with Driving While Intoxicated (DWI) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DWI charge.
BAC: Short for “blood alcohol concentration.” BAC refers to the amount of alcohol in your bloodstream and is measured in percentages. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is “legally drunk.” All 50 states have adopted BAC laws that make it illegal to drive with a BAC at or above a set amount. As of May of 2007, all 50 states have adopted 0.08% as the BAC limit.
Administrative License Suspension: A law that allows the prompt suspension of the license of drivers charged with Driving While Intoxicated (DWI) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DWI charge.
BAC: Short for “blood alcohol concentration.” BAC refers to the amount of alcohol in your bloodstream and is measured in percentages. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is “legally drunk.” All 50 states have adopted BAC laws that make it illegal to drive with a BAC at or above a set amount. As of May of 2007, all 50 states have adopted 0.08% as the BAC limit.
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