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 individuals 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 persons
BAC. This process is usually conducted using a breathalyzer test. As an
individuals BAC increases, his/her mental efficiency decreases. Definite
impairment begins 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
systemregardless 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 June 2007, 43 states and the District of Columbia complied with Federal terms of this law.
Administrative Suspension or Revocation 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 an objective test (based on a BAC concentration of .08) or refuses to
take a BAC test. ALR allows law enforcement and driver licensing authorities to
revoke or suspend a driver’s license swiftly, without long delays, while the driver
awaits a criminal trial. 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 June 2007, 41 states and the District of Columbia have
administrative license suspension laws in place.
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.
As of January 2006, 39 states and the District of Columbia were in compliance with Federal
requirements that set the parameters for repeat intoxicated driver intervention activities.
Vehicle and License Plate Sanctions affect the vehicles
or license plates of DUI/DWI offenders. Actions states can take include the
following:
- Vehicle impoundment
- Suspension of vehicle registration
- Vehicle confiscation
- Vehicle forfeiture (sale of an offenders 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)
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.
High-BAC Laws focus attention on
drivers with a BAC of .15 or greater. Enhanced penalties
include increased driver license sanctions, vehicle or license
plate impoundment or immobilization, mandatory assessment and
treatment, close supervision, use of ignition interlock devices,
fines and fees, and imprisonment or home detention (electronic
monitoring). According to
Mothers Against Drunk Driving, 40 states have high-BAC laws
on their books.
Sobriety Checkpoints allow police
officers to stop vehicles, or a specific sequence of vehicles
(e.g., every fifth vehicle), at a predetermined fixed location
to detect drivers who are impaired by alcohol and/or other
drugs. As of January 2006, sobriety checkpoints were allowed in
39 states.
Alcohol Exclusion Laws allow
insurance companies to deny reimbursement to hospitals for
treatment to those who are injured while impaired by alcohol or
any drug not prescribed by a doctor at the time of their injury.
These laws can actually prevent health care providers from
administering
screening and brief intervention (SBI) activities when they
are needed most. During SBI, physicians or other health
professionals administer simple screening tests or
questionnaires to determine whether a patient has an alcohol
problem. Depending on the severity of the problem, physicians
may conduct brief interventions—short counseling sessions to
discuss problem drinking and its health risks—with patients in
the emergency room. These sessions may last anywhere from a few
minutes to an hour. As of January 2006, 37 states and the
District of Columbia had alcohol exclusion laws, and since 2001,
five states have repealed or amended these laws.
For information on impaired driving
prevention laws in your state, visit the
Mothers Against Drunk Driving’s Alcohol-Related Laws Web site.
Selected State Impaired Driving Laws
State |
BAC defined as illegal per se |
Administrative license suspension 1st offense? |
Restore driving privileges during suspension? |
Vehicle forfeiture for multiple offenses |
Open container laws |
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 |
no |
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 |
District of Columbia |
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 |
no |
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 days1 |
no |
no |
Wisconsin |
0.08 |
6 months |
yes1 |
yes |
driver/passenger |
Wyoming |
0.08 |
90 days |
yes1 |
no |
driver/passenger |
1Drivers
usually must demonstrate special hardship to justify restoring privileges during
suspension, and then privileges often are restricted.
2The
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.
3In
New York, administrative license suspension lasts until prosecution is complete.
4In
Tennessee, municipalities and counties can prohibit passengers from possessing
an open container.
Sources:
Insurance Institute for Highway Safety. (November 2008). DUI/DWI Laws November 2008.
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. (January 2006). 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. (January 2008). 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.
Back to Special Issues:
Impaired Driving
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