Understanding DUI Laws in My State

If you drink, drive, and get caught, the penalties are severe. But you may not be aware of the consequences of drunk driving, or the various ways in which you could be caught. Here is a primer on understanding DUI laws.

Drunk driving laws vary by state. For legal advice about the DUI or DWI laws in your state, talk to a local DUI lawyer.

Types of Drunk Driving Offenses

Most states have two different options to arrest and charge someone with a DUI offense:

1. They have a blood alcohol concentration (BAC) of 0.08 percent or more
2. They are under the influence of alcohol, drugs, or any other impairing substance to an extent that renders them incapable of safely driving a vehicle

Utah is the first state that has a lower per se DUI threshold of 0.05% BAC. Other states are considering similar limits.

The BAC limit can differ for different types of drivers. For example, the limit when driving a commercial vehicle is 0.04%. For drivers under the legal drinking age of 21 years old, the legal limit is usually anywhere from any amount of alcohol (zero tolerance) to 0.02 % BAC.

Can You Get a DUI When Not Driving?

You don’t necessarily have to be driving to get a DUI. In most states, it’s enough for the intoxicated person to be in a position to operate or control the vehicle.

The court can consider various factors to determine if a motorist could set the car in motion while intoxicated:

• Where the intoxicated motorist is in relation to their car
• The motor vehicle location
• Where the keys to the car are
• Whether the car was running
• Whether the motorist is awake or asleep

So, if an intoxicated person parks in the middle of the road and has their keys in the ignition with the vehicle’s motor running, they would likely be guilty. By contrast, if they are sleeping in their car’s backseat or parked in their driveway and the keys are elsewhere (such as inside their house), there is less of a chance of getting a DUI charge.

Field Sobriety Tests and Chemical Testing

When police pull you over for a traffic stop and suspect impairment, they may ask you to do field sobriety tests and blow into a breathalyzer. In most states, these tests are not required.

Standardized field sobriety tests are more subjective than chemical BAC tests, and there is a chance you could fail, even if you are sober. Field breath testing devices are generally not as accurate as chemical testing machines at the police station. Talk to your DUI defense attorney about whether you want to refuse these tests.

In most states, you give your implied consent to submit breath or blood tests after a drunk driving arrest. This condition is part of getting a driver’s license and driving on public roads. After a DUI arrest, if you refuse to submit to chemical testing, you can lose your driving privileges.

While you can refuse to take a test, doing so will bring penalties, including driver’s license suspension. The fact that you refused a test can also be admitted as evidence in court. Make sure you understand your state implied consent laws before refusing a

Law Enforcement Looking for Signs of Impaired Driving

Signs of intoxication that can give a police officer probable cause to make an arrest include:

• Unsafe or erratic driving
• A heavy smell of alcohol
• Slurred speech
• Poor coordination
• Open containers of alcohol in your car

The Consequences of a DUI Conviction

There are costly penalties involved in a drunk driving conviction, even for a first-time DUI. In addition to court penalties and fines, you will likely have higher insurance costs.

Jail Time

In most states, a first-time DUI offense is a misdemeanor. However, even a first-offense DUI can be a felony with aggravating factors, like causing serious injury or death.

Some states have minimum jail time for drunk driving offenses, generally 24 to 72 hours. Drivers with a high BAC level may have increased jail time.

The penalties can increase for repeat offenses. DUI offenders can face felony charges for multiple DUIs, which vary by state. For example, in Indiana, a second OWI offense within the last seven years is a Level 6 felony. In most states, a 3rd or 4th offense within a certain period is a felony DUI.

Fines and Court Costs

The fines for a drunk driving conviction can vary by state and your individual situation. In most states, the fines for a first-offense DUI can range from about $500 to $2,000. The fees and DUI penalties increase with each subsequent offense.

Drivers may have additional costs, including impound fees or towing fees, the cost to install an IID, and paying for substance treatment.

Substance Abuse Evaluation

In most states, drivers convicted of a DUI must complete a substance abuse evaluation, alcohol education program, or DUI school. There is no getting around this requirement if you want to get your license back.

Many DUI attorneys suggest attending any and all treatments sooner than required by the court, and even voluntarily attending treatments above and beyond what is mandatory.

Depending on state DUI laws, a DUI conviction can remain on your criminal record indefinitely. It can affect all aspects of your life, including your current employment and ability to get a job in the future.

Getting an Ignition Interlock Device (IID) To Avoid Driver’s License Suspension

Most states have a mandatory license suspension for a first-time offense. This mandatory suspension can be stayed if the driver agrees to have an ignition interlock device (IID) placed in their car.

Most states now require an IID for a conditional license to be able to drive after a DUI. However, some states only require them for multiple DUIs or for high blood alcohol content drunk driving. The following is a list of states with mandatory IID for all drunk driving offenses:

State	IID Required for First DUI?
Alabama	Yes
Alaska	Yes
Arizona	Yes
Arkansas	Yes
California	Yes, to get driving privileges
Colorado	Yes
Connecticut	Yes
Delaware	Yes
Florida	No, only for 2nd+, a minor in the vehicle, or high BAC (0.15% or higher)
Georgia	No, only for 2nd+ or high BAC (0.15%)
Hawaii	Yes
Idaho	Yes
Illinois	Yes
Indiana	No, only for repeat offenders
Iowa	Yes
Kansas	Yes
Kentucky	Yes
Louisiana	Yes
Maine	No
Maryland	Yes
Massachusetts	No, only for 2nd+ or high BAC (0.15%)
Michigan	No, only for high BAC (0.17%)
Minnesota	No, only for high BAC (0.16%)
Mississippi	Yes
Missouri	No
Montana	No, unless high BAC
Nebraska	Yes
Nevada	Yes
New Hampshire	Yes
New Jersey	Yes
New Mexico	Yes
New York	Yes
North Carolina	No, only for high BAC (0.15%)
North Dakota	No, only for high BAC (0.16%)
Ohio	No
Oklahoma	Yes
Oregon	Yes
Pennsylvania	No, only for refusal or high BAC (0.10%)
Rhode Island	No, only for high BAC (0.15%)
South Carolina	Yes
South Dakota	No
Tennessee	Yes
Texas	Yes
Utah	Yes
Vermont	Yes
Virginia	Yes
Washington	Yes
Washington, D.C.	Yes
West Virginia	Yes
Wisconsin	No, only for 2+ or high BAC (0.15%)
Wyoming	No, only for 2+ or high BAC (0.15%)

Finding a DUI Defense Lawyer

If you are on the unfortunate side of the law, be certain to contact a law firm and speak with an experienced DUI defense attorney for legal advice. A DUI attorney’s role is to advocate for their client in court and help mitigate the negative consequences of a DUI as much as possible.