Comparing State DUI Laws

Driving while under the influence of alcohol or drugs is a dangerous crime. The National Highway Traffic Safety Administration (NHTSA) estimates that someone driving under the influence kills one person every 39 minutes. That's more than 13,000 deaths each year that are wholly preventable.

Even if you don't feel the effects of alcohol, your blood alcohol content (BAC) may exceed your state's legal limit. Everyone's body and alcohol tolerance are different.

DUI: An Overview

You don't need to be alcohol-impaired to face a DUI charge. Drunk driving and impaired driving laws have evolved to include various substances and inhalants that can cause intoxication. Impaired drivers can be under the influence of a legally prescribed medication that has altered their ability to drive a motor vehicle safely.

You may use medical marijuana or live in one of nearly half of U.S. states where recreational cannabis use is legal. This does not mean you can safely drive under its influence. Colorado has set a legal limit of 5 nanograms of delta-9 tetrahydrocannabinol (THC) per milliliter of blood. You are legally intoxicated and subject to arrest if you drive at this level or higher.

DUI Penalties

A DUI conviction can carry serious penalties, varying by state. Arizona, Georgia, and Tennessee are among the states with mandatory jail time for a first offense. California, Connecticut, and Indiana don't have such a requirement in their drunk driving laws.

Many states require drivers to install an ignition interlock device (IID), even for first-time offenders. An IID requires you to submit a breath sample before starting your vehicle. If it detects alcohol, the car won't start. Often, an IID comes with driving limits, meaning you can only drive to work, school, and essential appointments, such as substance abuse treatment or meeting your probation officer.

A DUI conviction usually carries hefty fines, license revocation, and, at minimum, probation for a first offense. You might have to undergo substance abuse evaluation and treatment. A judge may order community service or for you to participate in a victim impact panel, where you hear stories about people whose lives have been significantly harmed by drugged and drunk drivers.

There are further consequences as well. A DUI conviction can disqualify you from student loans, exclude you from some housing options, or prevent you from getting a job. If you drive commercial vehicles, the BAC limit is much lower, usually 0.04%, and you will lose your commercial driver's license.

While some states will allow expungement or removal of a DUI from your record, many states do not. A DUI can affect you for many years.

Chart: DUI Law by State

DUI laws vary across the country. Your state may not use the term "driving under the influence" (DUI). The offense may be "driving while intoxicated" (DWI), "operating under the influence" (OUI), or something similar. But the crime has similarities, whatever its name.

The federal limit for blood alcohol content (BAC), or the amount of alcohol in a driver's system, is 0.08%. States can craft their laws at this limit or make them more stringent. For example, while the blood alcohol concentration (BAC) limit is 0.08% in most states, Utah state law changed in 2018, reducing the legal limit to 0.05%.

The National Transportation Safety Board (NTSB) advocates for a legal alcohol limit of 0.05% nationwide to curb traffic fatalities. Utah has seen a significant decrease in fatal crashes since its lower limit has been in place. More states are looking to follow this trend.

Terms used in the table below:

• Per se BAC: The level of blood alcohol content at which you are legally too intoxicated to operate a vehicle. If your chemical test results show you are at or above the legal limit, the police officer does not need other evidence of your intoxication. Chemical tests include Breathalyzers or other breath tests, blood analysis, and urine tests.
• Zero tolerance law: The level of intoxication considered illegal for drivers under the legal drinking age. As underage individuals are not allowed to drink, the presence of any alcohol or other intoxicants is enough to warrant a criminal charge.
• Enhanced penalty BAC: The BAC level at which someone will face more significant penalties. Some states charge this as an aggravated DUI.
• Sobriety checkpoint: Roadblocks set up by law enforcement to screen drivers for intoxication. These are not permitted in every state.
• Implied consent laws: Motorists have consented to chemical tests as part of having a driver's license. Chemical tests check for blood alcohol levels and the presence of intoxicating substances. While you can refuse these tests when law enforcement asks, there are often immediate consequences. Driver's license revocation and fines are usually imposed, regardless of DUI conviction. A police officer can still arrest you for a DUI, and the court can consider evidence of your refusal.

Facing a DUI Charge? An Attorney Can Help You

DUI, DWI, or OUI laws vary from state to state. Penalties for an impaired driving conviction include license suspension and huge fines. Hiring an attorney may be daunting, but having experienced counsel by your side can make a huge difference. Contact a local DUI attorney today.