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Driving Under the Influence (DUI)/Driving While
Intoxicated (DWI) and Other State Laws
Driving Under the Influence (DUI)/Driving While
Intoxicated (DWI) Laws
The terms “Driving under the influence” (DUI) and
“Driving while intoxicated” (DWI) refer to state laws that make it
illegal to drive with a certain blood alcohol concentration (BAC)—the
amount of alcohol found in an individual’s blood. The terms are often used
interchangeably to mean driving while impaired by alcohol or other drugs.
Identifying Alcohol Impairment
Presence of alcohol is determined by measuring a person’s
BAC. This process is usually conducted using a breathalyzer test. As an
individual’s BAC increases, his/her mental efficiency decreases. Definite
impairment beings in the range of .03 to just below .10. (A BAC level of .10
means that alcohol makes up one-tenth of one percent of the person's blood.)
Key State Laws Enacted to Prevent Impaired
Driving
Strong, consistently enforced laws are critical to the success of
impaired driving prevention and deterrence efforts. Research indicates that the
different types of laws summarized below help reduce the incidence of impaired
driving.
Illegal Per Se Laws make it illegal in and of itself to drive a motor vehicle with a BAC
concentration at or above an established level. All 50 states and the District of Columbia
have per se laws defining it as a crime to drive with a blood alcohol concentration at or above
a proscribed level, .08 percent. Research indicates that virtually all drivers show impairment
in driving ability at .08 BAC, and the majority exhibit serious deterioration. Virtually all
highway safety organizations and transportation safety agencies support .08 BAC, and in October 2000,
Congress passed .08 BAC as the national standard for impaired driving regulations.
Dram Shop/Social Host Liability Laws state that a person
who serves alcoholic beverages to intoxicated individuals may be liable for the
damages caused by such individuals. In some states, a server may also be liable
for injuries sustained by intoxicated individuals.
Minimum Legal Drinking Age (MLDA) Laws make it illegal
for individuals younger than 21 to purchase, possess or consume alcoholic
beverages or to misrepresent their age to obtain such beverages. All states and
the District of Columbia have MLDA laws.
Zero Tolerance Laws make it illegal for drivers younger
than 21 to drive with any measurable amount of alcohol in their
system—regardless of the BAC limit for drivers over 21. Many states set
the limit for drivers under 21 at .02 BAC or below to help reduce legal
challenges based on claims that mouthwash, gum or cold medicine can be
responsible for a positive but very low BAC measurement. However, there is no
evidence that such substances affect the standard breath analysis tests when
conducted properly or that other challenges to the accuracy of alcohol
detection equipment are valid. By late 1999, all states plus the District of
Columbia had zero tolerance laws for youth.
Open Container Laws prohibit the possession of any open
alcoholic beverage container and the consumption of any alcoholic beverage in
the passenger area of a motor vehicle. In 1998, the Federal government took
steps to encourage states to enact open container laws by passing the
Transportation Equity Act for the 21st Century (TEA-21), which required states
to enact open container laws by October 1, 2000 or lose a portion of their
Federal-aid highway construction funds. To avoid having their funds transferred
to other safety activities, states must certify that they comply with Federal
requirements and that their open container law is in effect and being enforced.
By April 2004, 36 states and the District of Columbia complied with Federal
terms of this law.
Administrative License Revocation (ALR) Laws involve
license suspension or revocation following conviction for impaired driving. ALR
laws give state officials the authority to immediately suspend the license of
any driver who fails or refuses to take a BAC test. Some states may restore
driving privileges on a limited basis due to demonstrated hardship, as
determined by the courts. Depending on the state, suspensions range from seven
days to six months for first-time offenders and longer for repeat offenders. As
of December 2004, 40 states and the District of Columbia had adopted some form
of ALR laws.
Repeat Intoxicated Driver Laws establish a minimum penalty for individuals
convicted of a second or subsequent offense for driving while intoxicated or
driving under the influence. Laws require a minimum of one-year driver’s license
suspension; expect that all motor vehicles of repeat intoxicated drivers be
impounded or immobilized for a specified period during the license suspension
period, or require the installation of an ignition interlock system on all motor
vehicles of such drivers for a specified period after the suspension is completed;
ensure the mandatory assessment of the offender’s degree of alcohol abuse and referral
to treatment as appropriate; and establish a mandatory minimum sentence.
Vehicle and License Plate Sanctions affect the vehicles
or license plates of DUI/DWI offenders. Actions states can take include the
following. As of March 2005, 44 states had laws that can affect the vehicles or
vehicle plates of offenders. Check with a State Department of Transportation
to determine the exact nature of the laws in its jurisdiction.
- Vehicle impoundment
- Suspension of vehicle registration
- Vehicle confiscation
- Vehicle forfeiture (sale of an offender’s vehicle)
- Vehicle immobilization (bars offender from using his or her
car)
- Special license plates or plate markings (permit use of a
vehicle by family members of convicted DUI/DWI offenders)
- Ignition interlock (device that measures alcohol concentration
in the breath and is attached to a vehicle's ignition system; a driver must
have a BAC below a certain level in order to start the vehicle)
Selected State Impaired Driving Laws
*Vehicle License/Plate Sanctions codes:
1-Overnight, vehicle impoundment of an individual arrested for impaired driving.
2-Suspension of vehicle registration for committing a DWI offense.
3-Vehicle confiscation of DWI offenders (usually multiple offenders).
4-Ignition interlock.
5-Vehicle immobilization (Steering wheel or locking a wheel with a boot).
6-Special license plates or plate markings.
| |
|
State |
BAC defined as illegal per se |
Administrative license suspension |
Open Container Laws |
*Vehicle/Plate Sanctions |
Repeat Intoxicated Driver Laws |
| Alabama |
0.08 |
Yes |
Yes |
2 |
Yes |
| Alaska |
0.08 |
Yes |
-- |
3, 4 |
-- |
| Arizona |
0.08 |
Yes |
Yes |
2, 3, 4 |
Yes |
| Arkansas |
0.08 |
Yes |
-- |
3, 4 |
Yes |
| California |
0.08 |
Yes |
Yes |
1, 3, 4 |
-- |
| Colorado |
0.08 |
Yes |
Yes |
4 |
Yes |
| Connecticut |
0.08 |
Yes |
-- |
4 |
Yes |
| Delaware |
0.08 |
Yes |
-- |
4 |
Yes |
| District of Columbia |
0.08 |
Yes |
Yes |
2 |
Yes |
| Florida |
0.08 |
Yes |
Yes |
1, 4 |
Yes |
| Georgia |
0.08 |
Yes |
Yes |
3, 4 |
Yes |
| Hawaii |
0.08 |
Yes |
Yes |
2 |
Yes |
| Idaho |
0.08 |
Yes |
Yes |
4 |
Yes |
| Illinois |
0.08 |
Yes |
Yes |
1, 3, 4 |
Yes |
| Indiana |
0.08 |
Yes |
-- |
2, 4, |
Yes |
| Iowa |
0.08 |
Yes |
Yes |
1, 4, 6 |
Yes |
| Kansas |
0.08 |
Yes |
Yes |
2, 4 |
Yes |
| Kentucky |
0.08 |
-- |
Yes |
1, 4 |
Yes |
| Louisiana |
0.08 |
Yes |
-- |
3, 4 |
-- |
| Maine |
0.08 |
Yes |
Yes |
2, 3, 4 |
Yes |
| Maryland |
0.08 |
Yes |
Yes |
4 |
Yes |
| Massachusetts |
0.08 |
Yes |
Yes |
--/-- |
-- |
| Michigan |
0.08 |
-- |
Yes |
3, 4 |
Yes |
| Minnesota |
0.08 by 08/01/05 |
Yes |
Yes |
2, 3, 4, 6 |
-- |
| Mississippi |
0.08 |
Yes |
-- |
1, 3 |
Yes |
| Missouri |
0.08 |
Yes |
-- |
1, 3, 4 |
Yes |
| Montana |
0.08 |
-- |
-- |
1, 3 |
Yes |
| Nebraska |
0.08 |
Yes |
Yes |
1, 4 |
Yes |
| Nevada |
0.08 |
Yes |
Yes |
2, 4, 5 |
Yes |
| New Hampshire |
0.08 |
Yes |
Yes |
2, 4 |
Yes |
| New Jersey |
0.08 |
-- |
Yes |
2, 4 |
Yes |
| New Mexico |
0.08 |
Yes |
Yes |
4 |
-- |
| New York |
0.08 |
Variable |
Yes |
2, 3, 4 |
Yes |
| North Carolina |
0.08 |
Yes |
Yes |
3, 4 |
Yes |
| North Dakota |
0.08 |
Yes |
Yes |
2, 3, 4 |
-- |
| Ohio |
0.08 |
Yes |
Yes |
1, 2, 3, 4, 5, 6 |
-- |
| Oklahoma |
0.08 |
Yes |
Yes |
3, 4 |
Yes |
| Oregon |
0.08 |
Yes |
Yes |
1, 2, 3, 4 |
-- |
| Pennsylvania |
0.08 |
-- |
Yes |
3, 4 |
Yes |
| Rhode Island |
0.08 |
-- |
Yes |
2, 3, 4 |
-- |
| South Carolina |
0.08 |
Yes |
Yes |
2, 3, 4 |
Yes |
| South Dakota |
0.08 |
-- |
Yes |
2 |
-- |
| Tennessee |
0.08 |
-- |
-- |
3, 4 |
Yes |
| Texas |
0.08 |
Yes |
Yes |
3, 4 |
Yes |
| Utah |
0.08 |
Yes |
Yes |
4 |
Yes |
| Vermont |
0.08 |
Yes |
Yes |
1, 3 |
-- |
| Virginia |
0.08 |
Yes |
-- |
2, 4 |
Yes |
| Washington |
0.08 |
Yes |
Yes |
3, 4 |
Yes |
| West Virginia |
0.08 |
Yes |
-- |
4 |
-- |
| Wisconsin |
0.08 |
Yes |
Yes |
1, 3, 4 |
Yes |
| Wyoming |
0.08 |
Yes |
-- |
2 |
-- |
|
Sources:
Insurance Institute for Highway Safety. (November 2005). DUI/DWI Laws as of July 2004. Arlington, VA.
Mothers Against Drunk Driving (MADD). (2005). Alcohol-Related Laws Full Report by Law. Irving, TX.
National Highway Traffic Safety Administration. (March 2004). Traffic Safety Facts Laws-.08 BAC Illegal
per se Level. Washington, DC:US Department of Transportation.
National Highway Traffic Safety Administration. (March 2004). Traffic Safety Facts Laws-Administrative
License Revocation. Washington, DC: US Department of Transportation.
National Highway Traffic Safety Administration. (March 2005). Traffic Safety Facts Laws-Open Container
Laws. Washington, DC: US Department of Transportation.
National Highway Traffic Safety Administration. (March 2005). Traffic Safety Facts Laws-Repeat Intoxicated
Driver Laws. Washington, DC: US Department of Transportation.
National Highway Traffic Safety Administration. (March 2005). Traffic Safety Facts Laws-Vehicle and
License Plate Sanctions. Washington, DC: US Department of Transportation.
For further information about your state’s impaired driving laws, go to your State Department of Transportation.
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
- .08 BAC laws are effective in reducing alcohol-related fatal crashes.
At least 10 studies, covering many of the
States that have enacted .08 BAC laws, have consistently shown that .08 BAC
laws are associated with reductions in alcohol-related fatalities, particularly
in conjunction with the administrative license revocation (ALR) laws that are
present in 41 States.2
- The latest research shows that .08 BAC laws not only reduce the incidence of
impaired driving at lower BAC levels, they also reduce the incidence of
impaired driving at higher BAC levels (i.e., over .10).3
- The international trend continues to be to reduce illegal per se limits to .05 BAC
or lower. The illegal limit is .05 BAC in numerous countries, including Australia, Belgium, Bulgaria, Denmark,
Finland, France, Germany, Greece, Ireland, Israel, The Netherlands, Portugal,
Russia, South Africa, Spain and Turkey.4
- The risk of being in a crash gradually increases as a driver’s BAC increases, but
rises more rapidly once a driver reaches or exceeds .08 BAC as compared to
drivers with no alcohol in their blood stream.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 that ALR laws do not
significantly impact an offender’s job or income. The study compared three
ALR laws states with one state that used other sanctions and found no
difference regarding offender employment or income. In both ALR and non-ALR
laws states, 94 percent of offenders who were employed at the time of their
arrest were still working one month later. Four percent were unemployed and two
percent were in school. License revocations as long as 90 days did not lead to
loss of job or income.10
- All States and the District of Columbia have a minimum
drinking age of 21. The National Highway Traffic Safety Administration (NHTSA)
estimates that these laws have reduced traffic fatalities involving drivers
ages 18-20 by 13 percent and have saved as many as 22,798 lives since 1975. In
2003, the number of estimated lives saved by minimum drinking age laws was
906.11
- Financially, zero tolerance laws are estimated to save 22 times what they
cost to implement. They are estimated to save 14 times what they cost to implement.12
Endnotes:
1 National Highway
Traffic Safety Administration. (April 2001). Setting Limits, Saving Lives:
The Case for.08 BAC Laws. Washington, DC: US Department of Transportation.
2 National Highway Safety Administration. (March 2004).
Traffic Safety Facts - .08 BAC illegal per se Level. Washington DC: US Department of Transportation.
3 Ibid.
4 Ibid.
5 Ibid.
6 Supra Note 4.
7 Insurance
Institute for Highway Safety, Highway Loss Data Institute. (2000). DUI/DWI
Laws as of October 2000.
8 National Highway Traffic Safety
Administration. (2001). State Legislative Fact Sheets, Repeat Intoxicated
Driver Laws. Washington, DC: US Department of Transportation.
9 National Highway Traffic Safety Administration. (2001).
Administrative License Revocation (or Suspension), Key Facts.
Washington, DC: US Department of Transportation.
10 Ibid.
11 National Highway Traffic Safety Administration. (2004). Traffic
Safety Facts 2003, Young Drivers. Washington, DC: US Department of
Transportation.
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Impaired Driving
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