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What are the drunk driving laws in my state?

DRUNK DRIVING LAWS

The federal government encourages states to pass laws deterring drunk driving by adjusting grants for highway funds. The 2001 Transportation Appropriations Act withholds a portion of states’ highway construction funds if they did not lower the blood alcohol content (BAC) that defines driving while intoxicated from 0.10 to 0.08 by October 2003.

In 2002, 17,419 traffic deaths were alcohol-related, up 0.1 percent from the 17,400 alcohol-related deaths reported in 2001.

A death is considered alcohol-related when any person involved in the accident had some measure of alcohol in his or her blood, even if it was below the legal limit.

In 2002, 41 percent of all traffic fatalities were alcohol-related, the same proportion as in 2001 and 2000.

All states and the District of Columbia have adopted 21 as the legal drinking age.

All states have lower limits for under-21 drivers, most between 0.00 and 0.02 blood alcohol content.

A major factor in the longterm downward trend in alcohol-related fatalities is the enactment, beginning in the 1980s, of state laws designed to deter drunk driving, such as:

  • Requiring persons to be at least 21 years old before they can purchase alcohol
  • Mandatory drivers license revocation when a driver's (BAC) level is above the state's legal limit
  • Prohibiting open containers of alcoholic beverages
  • Instituting sobriety checkpoints.

 

STATE LAWS CURBING DRUNK DRIVING


 


 


License revocation


 


 


 


State


BAC (1)


Admin. Iicense rev./susp. (2)


Mandatory 90-day license rev./susp. (3)


Open container law (4)


Prelim. breath test permitted by law


DWI plea bargaining prohibited

Alabama

0.08

X

X

X

 

 

Alaska

0.08

X

X

X (5)

X

 

Arizona

0.08

X

X

X

X

X

Arkansas

0.08

X

X

 

 

X

California

0.08

X

X

X

X

X

Colorado

0.08

X

X

 

X

X

Connecticut

0.08

X

X

 

 

 

Delaware

0.08

X

X

 

X

 

D.C.

0.08

X

X

X

X

 

Florida

0.08

X

X

X

X

X (6)

Georgia

0.08

X

X

X

 

X

Hawaii

0.08

X

X

X

X (6)

X

Idaho

0.08

X

X

X

 

 

Illinois

0.08

X

X

X

X

 

Indiana

0.08

X

X

X (5), (6)

X (6)

 

Iowa

0.08

X

X

X

X

 

Kansas

0.08

X

 

X (5)

X

X

Kentucky

0.08

 

 

X

X

X (6)

Louisiana

0.08

X

X

X

 

 

Maine

0.08

X

X

X

 

 

Maryland

0.08

X

X

X

X

 

Massachusetts

0.08

X

X

X

 

 

Michigan

0.08

X

X

X

X

X (6)

Minnesota

0.08

X

X

X

X

 

Mississippi

0.08

X

X

 

X

X

Missouri

0.08

X

 

 

X

 

Montana

0.08

 

 

X (6)

X

 

Nebraska

0.08

X

X

X

X

 

Nevada

0.08

X

X

X

X

X

New Hampshire

0.08

X

X

X

X

 

New Jersey

0.08

 

 

X

 

X (7)

New Mexico

0.08

X

X

X

 

X (6)

New York

0.08

(8)

 

X

X

X

North Carolina

0.08

X

 

X

X

 

North Dakota

0.08

X

X

X

X

 

Ohio

0.08

X

X

X

 

 

Oklahoma

0.08

X

X

X (5)

 

 

Oregon

0.08

X

X

X

 

X

Pennsylvania

0.08

 

 

X

X

X (6)

Rhode Island

0.08

 

 

X (5)

X

 

South Carolina

0.08

X

 

X

 

 

South Dakota

0.08

 

 

X

X

 

Tennessee

0.08

 

 

X (5)

 

 

Texas

0.08

X

X

X

 

 

Utah

0.08

X

X

X

 

 

Vermont

0.08

X

X

X

X

 

Virginia

0.08

X

X

 

X

 

Washington

0.08

X

X

X

 

 

West Virginia

0.10

X

X

 

X

 

Wisconsin

0.08

X

X

X

X

 

Wyoming

0.08

X

X

X (5)

 

X

(1) Blood alcohol level defining “driving while intoxicated.”
(2) On-the-spot driver’s license suspension or revocation if blood alcohol content (BAC) is over the level in column 1 or the driver refuses to take a BAC test.
(3) Mandatory penalty for violation of the implied consent law, which means that drivers who refuse to take a breath alcohol test when stopped or arrested for drunk driving will have their license revoked or suspended.
(4) Prohibits unsealed alcohol containers in motor vehicle passenger compartments for all occupants. Arresting officer not required to witness consumption.
(5) Applies only to the driver.
(6) With limitations or conditions.
(7) Not specifically for drunk driving; Attorney General has established a no plea bargain policy.
(8) Administrative license suspension lasts until prosecution is complete.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration; Insurance Institute for Highway Safety; Property Casualty Insurers Association of America; Insurance Information Institute.

* Effective
August 1, 2005.


 

Source: Insurance Information Institute, Inc. www.iii.org

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