National and State Drunk Driving Laws

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.

Have you or someone you know been charged with drunk driving? If so, contact one of our drunk driving lawyers in your area today!

Illegal Per Se Laws make it illegal in and of itself to drive with a BAC measured at or above an established level. Forty-nine states have established per se laws ( Massachusetts is the exception). As of July 2002, 31 states, Washington DC and Puerto Rico had .08 as the established BAC level, while 18 states remained at the .10 level. In other words, it is illegal to drive a motor vehicle if a driver has a BAC level of .08 or .10, depending on the state. 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. States that do not adopt .08 BAC by a certain date will be denied a portion of their highway construction funds.

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.

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 2002, 30 states and the District of Columbia had open container laws in effect.

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. At the end of 2001, 42 states and the District of Columbia had ALR laws in effect.

Vehicle and License Plate Sanctions affect the vehicles or license plates DUI / DWI offenders. Actions states can take include the following. Check with your State Department of Transportation to determine the exact nature of laws in your 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)

State Drunk Driving Laws. 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.

Have you or someone you know been charged with drunk driving? If so, contact one of our drunk driving attorneys in your area today!