|
In
the US, BAC limits for DUI/DWI Laws are determined by individual
States. The limit of 0.10 BAC used in some States is the highest
in the industrial world.1
State |
BAC
defined
as illegal
per se |
Administrative
license
suspension
1st offense |
Restore
driving
privileges
during
suspension? |
Do
penalties
include
interlock/
forfeiture?* |
DUI
Related Fatalities in 2001 |
| Alabama |
0.08 |
90
days |
No |
No/No |
376 |
| Alaska |
0.08 |
90
days |
After
30 days |
Yes/Yes |
43 |
| Arizona |
0.08 |
90
days |
After
30 days |
Yes/Yes |
488 |
| Arkansas |
0.08 |
120
days |
Yes |
Yes/Yes |
193 |
| California |
0.08 |
4
months |
After
30 days |
Yes/Yes |
1565 |
| Colorado |
0.1 |
3
months |
Yes |
Yes/No |
328 |
| Connecticut |
0.1 |
90
days |
Yes |
No/No |
158 |
| Delaware |
0.1 |
3
months |
No |
Yes/No |
65 |
| District
of Columbia |
0.08 |
2-90
days |
Yes |
No/No |
38 |
| Florida |
0.08 |
6
months |
Yes |
Yes/Yes |
1264 |
| Georgia |
0.08 |
1
year |
Yes |
Yes/Yes |
557 |
| Hawaii |
0.08 |
3
months |
After
30 days |
Yes/No |
60 |
| Idaho |
0.08 |
90
days |
After
30 days |
Yes/No |
97 |
| Illinois |
0.08 |
3
months |
After
30 days |
Yes/Yes |
620 |
| Indiana |
0.08 |
180
days |
After
30 days |
Yes/No |
337 |
| Iowa |
0.08 |
180
days |
Yes |
Yes/No |
155 |
| Kansas |
0.08 |
30
days |
No |
Yes/No |
194 |
| Kentucky |
0.08 |
-- |
-- |
Yes/Yes |
247 |
| Louisiana |
.08** |
90
days |
After
30 days |
Yes/Yes |
445 |
| Maine |
0.08 |
90
days |
Yes |
Yes/Yes |
65 |
| Maryland |
0.08 |
45
days |
Yes |
Yes/No |
290 |
| Massachusetts |
None |
90
days |
No |
No/No |
234 |
| Michigan |
0.1 |
-- |
-- |
Yes/Yes |
518 |
| Minnesota |
0.1 |
90
days |
After
15 days |
No/Yes |
226 |
| Mississippi |
0.1 |
90
days |
No |
Yes/Yes |
282 |
| Missouri |
0.08 |
30
days |
No |
Yes/Yes |
523 |
| Montana |
0.1 |
-- |
-- |
Yes/Yes |
104 |
| Nebraska |
0.08 |
90
days |
After
30 days |
Yes/No |
96 |
| Nevada |
0.1 |
90
days |
After
45 days |
Yes/No |
133 |
| New
Hampshire |
0.08 |
6
months |
No |
Yes/No |
70 |
| New
Jersey |
0.1 |
-- |
-- |
Yes/No |
297 |
| New
Mexico |
0.08 |
90
days |
After
30 days |
Yes/No |
214 |
| New
York |
0.1 |
Variable |
Yes |
Yes/Yes |
498 |
| North
Carolina |
0.08 |
30
days |
After
10 days |
Yes/Yes |
533 |
| North
Dakota |
0.1 |
91
days |
after
30 days |
Yes/Yes |
53 |
| Ohio |
0.1 |
90
days |
after
15 days |
Yes/Yes |
604 |
| Oklahoma |
0.08 |
180
days |
Yes |
Yes/Yes |
266 |
| Oregon |
0.08 |
90
days |
After
30 days |
Yes/Yes |
190 |
| Pennsylvania |
0.1 |
-- |
-- |
Yes/Yes |
663 |
| Rhode
Island |
0.08 |
-- |
-- |
Yes/Yes |
49 |
| South
Carolina |
0.1 |
-- |
-- |
Yes/Yes |
592 |
| South
Dakota |
0.1 |
-- |
-- |
No/No |
84 |
| Tennessee |
0.1 |
-- |
-- |
Yes/Yes |
537 |
| Texas |
0.08 |
60
days |
Yes |
Yes/Yes |
1785 |
| Utah |
0.08 |
90
days |
No |
Yes/No |
68 |
| Vermont |
0.08 |
90
days |
No |
No/Yes |
35 |
| Virginia |
0.08 |
7
days |
No |
Yes/No |
340 |
| Washington |
0.08 |
90
days |
After
30 days |
Yes/Yes |
281 |
| West
Virginia |
0.1 |
6
months |
After
30 days |
Yes/No |
135 |
| Wisconsin |
0.08 |
6
months |
Yes |
Yes/Yes |
364 |
| Wyoming |
0.08 |
90
days |
Yes |
No/No |
81 |
| puerto
Rico |
.08 |
|
|
|
249 |
| |
| *A multiple offender's vehicle may be seized and disposed. |
**Effective 09/30/03 |
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Facts about DUI/DWI Laws
In the US, BAC limits for DUI/DWI
Laws are determined by individual states. The limit of .10 BAC used
in some states is the highest in the industrial world.1
A
1999 report by the General Accounting Office (GAO) stated that although
the impact of .08 BAC laws is not conclusive, there are “strong
indications that .08 BAC laws, in combination with other drunk driving
laws (particularly license revocation laws), sustained
public education and information efforts, and vigorous and consistent
enforcement, can save lives.”2
A
multi-state study found that .08 BAC laws correlated positively
with reductions in alcohol-related fatalities, alone or in conjunction
with Administrative License Revocation (ALR) laws, in seven of 11
states. In five of these seven states (Vermont, Kansas, North Carolina,
Florida and New Mexico), implementation of the law itself correlated
positively with lower rates of alcohol-related fatalities. 3
In
1998, more than 80 percent of drivers involved in fatal crashes
who tested positive for alcohol had BAC levels exceeding .08. 4
Research
indicates that .08 BAC laws reduce not only the incidence of impaired
driving at lower BACs, but also the incidence of impaired driving
at higher BACs (i.e., more than .10). 5
An
average male weighing 170 pounds would have to consume more than
four beers within one hour on an empty stomach to reach a .08 BAC
level. 6
Virtually
all drivers’ critical driving skills, such as braking, steering
and lane changing, are impaired at .08 BAC. The rate of impaired
performance is as high as 70 percent. 7
Federal
law requires that states have laws that target repeat intoxicated
drivers. Four categories of laws impact these individuals: licensing
sanctions (ALR laws); vehicle sanctions (vehicle impoundment); required
alcohol assessment and treatment; and mandatory sentencing. 8
ALR
laws do not replace criminal prosecution and their constitutionality
has been consistently upheld when challenged. All state appellate
courts that have considered this issue have upheld ALR as a constitutional
means of protecting the public from impaired drivers. 9
Results
of a 1996 study indicate
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