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Understanding Differences Between State DUI Laws

Driving after the use of alcohol, drugs, or both such that the physical or mental ability of the driver is affected is prohibited in the United States. This act is referred to as driving under the influence (DUI), driving while intoxicated (DWI), or operating while impaired (OWI).

DUI Laws Across the US

All states in the US have their own DUI laws and penalties for failing to abide by these laws, although they are mostly similar from state to state. In most states, driving with a blood alcohol concentration of .08% or more is a punishable offense. The laws on drunk driving are stricter for minors; for example, in Washington, a blood alcohol concentration of  .02% or more is enough to prohibit a minor from driving a vehicle.

Any individual suspected of DUI will be questioned about whether he or she consumed any drugs, alcohol, or vapor-releasing substances prior to driving, and may be asked to submit to a sobriety test. The driver may also be asked to take a breath test or blood test. If the driver's blood alcohol content is found to be higher than that permitted by law, he or she will be arrested. If the driver refuses to cooperate with the authorities, his or her license may be suspended.

DUI Defense and Penalties

Following an arrest on charges of DUI, the accused should find a defense attorney while awaiting trial. Depending on the case, the defendant may request for a hearing and plead guilty. If the defendant is convicted of DUI, the penalties include jail sentences, hefty fines, suspension of driver’s license, complete drug and/or alcohol screening, installation of ignition interlock device in the vehicle, mandatory attendance education programs, and required use of SR22 insurance.

These penalties are similar across all states, but the duration of the prison sentence and the amount of the fines to be paid by the DUI offender varies to some extent. The fine can be anything from $150 to $1500 or more. Also, the penalties for a first-time conviction and a repeat (second or third) conviction are different. The rules are more stringent and penalties harsher for repeat DUI offenders.

The Ignition Interlock Device, or IID, is a device that a DUI offender may be ordered to install in his or her vehicle. The IID requires that the driver blow into it before the car is allowed to start. The device measures the amount of alcohol in the blood stream, and if the driver's blood alcohol concentration is above .08%, the vehicle does not start.

Some states require an offender convicted of DUI to purchase SR22 insurance. This helps the driver to remove the suspension on his or her license. When drunken driving results in severe injury or death, the offense is considered a felony. With a rising death toll due to drunken driving, DUI laws are designed to discourage this dangerous practice with harsh penalties.

Records of DUI arrests are maintained by the Department of Motor Vehicles of each state. These records may prove useful to those checking on an individual's background, or to those wishing to make corrections to their records.

 

 

State-Specific DUI Law Information:

Alabama DUI Laws

Arizona DUI Laws

California DUI Laws

Colorado DUI Law

Florida DUI Law

Georgia DUI Law

Illinois DUI Law

Kansas DUI Law

Michigan DUI Laws

Ohio DUI Laws

Pennsylvania DUI Law

Tennessee DUI Law

Texas DUI Law

Utah DUI Laws

Virginia DUI Law

Washington DUI Law

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