http://public.findlaw.com
|
http://public.findlaw.com
|
| Friday, Jul. 25, 2008 |
This chart identifies a number of each state's DUI-related laws:
|
State |
"Per Se" BAC Level 1 |
"Zero Tolerance" BAC Level 2 |
Enhanced Penalty BAC Level 3 |
"Implied Consent" Law 4 |
| Alabama |
.08 |
.02 |
-- |
Yes |
| Alaska |
.08 |
.00 |
.16 |
Yes |
| Arizona |
.08 |
.00 |
.15 |
Yes |
| Arkansas |
.08 |
.02 |
.18 |
Yes |
| California |
.08 |
.01 |
.16 |
Yes |
| Colorado |
.08 |
.02 |
.17 |
Yes |
| Connecticut |
.08 |
.02 |
.16 |
Yes |
| Delaware |
.08 |
.02 |
.16 |
Yes |
| District of Columbia |
.08 |
.00 |
.15 |
Yes |
| Florida |
.08 |
.02 |
.20 |
Yes |
| Georgia |
.08 |
.02 |
.15 |
Yes |
| Hawaii |
.08 |
.02 |
.15 |
Yes |
| Idaho |
.08 |
.02 |
.20 |
Yes |
| Illinois |
.08 |
.00 |
.20 |
Yes |
| Indiana |
.08 |
.02 |
.15 |
Yes |
| Iowa |
.08 |
.02 |
.15 |
Yes |
| Kansas |
.08 |
.02 |
-- |
Yes |
| Kentucky |
.08 |
.02 |
.18 |
Yes |
| Louisiana |
.08 |
.02 |
.15 |
Yes |
| Maine |
.08 |
.00 |
.15 |
Yes |
| Maryland |
.08 |
.02 |
-- |
Yes |
| Massachusetts |
.08 |
.02 |
.20 |
Yes |
| Michigan |
.08 |
.02 |
-- |
Yes |
| Minnesota |
.08 |
.00 |
.20 |
Yes |
| Mississippi |
.08 |
.02 |
-- |
Yes |
| Missouri |
.08 |
.02 |
.15 |
Yes |
| Montana |
.08 |
.02 |
.18 |
Yes |
| Nebraska |
.08 |
.02 |
.15 |
Yes |
| Nevada |
.08 |
.02 |
.18 |
Yes |
| New Hampshire |
.08 |
.02 |
.16 |
Yes |
| New Jersey |
.08 |
.01 |
-- |
Yes |
| New Mexico |
.08 |
.02 |
.16 |
Yes |
| New York |
.08 |
.02 |
.18 |
Yes |
| North Carolina |
.08 |
.00 |
.16 |
Yes |
| North Dakota |
.08 |
.02 |
.18 |
Yes |
| Ohio |
.08 |
.02 |
.17 |
Yes |
| Oklahoma |
.08 |
.00 |
.15 |
Yes |
| Oregon |
.08 |
.00 |
-- |
Yes |
| Pennsylvania |
.08 |
.02 |
.16 |
Yes |
| Rhode Island |
.08 |
.02 |
.15 |
Yes |
| South Carolina |
.08 |
.02 |
.18 |
Yes |
| South Dakota |
.08 |
.02 |
.17 |
Yes |
| Tennessee |
.08 |
.02 |
.20 |
Yes |
| Texas |
.08 |
.00 |
.15 |
Yes |
| Utah |
.08 |
.00 |
.16 |
Yes |
| Vermont |
.08 |
.02 |
-- |
Yes |
| Virginia |
.08 |
.02 |
.20 |
Yes |
| Washington |
.08 |
.02 |
.15 |
Yes |
| West Virginia |
.08 |
.02 |
-- |
Yes |
| Wisconsin |
.08 |
.00 |
-- |
Yes |
| Wyoming |
.08 |
.02 |
-- |
Yes |
1 "Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary. This chart identifies the "per se intoxicated" BAC levels for each state.
2 "Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent. This chart identifies the "zero tolerance" BAC levels for each state.
3 "Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions. This chart identifies the "enhanced penalty" BAC levels for each state.
4 "Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year. This chart indicates "implied consent" laws for each state.