|
Alcohol
and the Law
Driving
skills are affected adversely in most people beginning at
a BAC of just .05%.
The
U.S. National Highway Traffic Safety Administration (NHTSA)
has made it illegal to operate a motor vehicle with a BAC
at or above .10%. Each state has its own laws about the BAC
level that equals "driving under the influence"
(DUI) or "driving while intoxicated" (DWI). Most
states use .10% as the legal definition of "intoxicated"
for drivers aged 21 and above. Nineteen states and the District
of Columbia have lowered that limit to .08%. Massachusetts
is the only state that does not prohibit drinking and driving
with a specific BAC level.
Some
states also have adopted a zero-tolerance standard for teenage
drivers. Violators have their licenses suspended and face
other legal consequences for operating a motor vehicle with
any detectable blood-alcohol levels.
The
following are BAC-related data for the 50 states and the District
of Columbia for the first offense only. All states
impose fines, ranging from $100 to $1000 for the first offense.
States also have jail time guidelines, which range from 48
hours to two years, depending on the state and the severity
of the offense. Some states also impound vehicles from one
to thirty days. Penalties are increased dramatically with
second, third, and subsequent offenses. In many states, a
fourth offense is an automatic felony with penitentiary time
attached.
|
State
|
BAC
defined as illegal per se
|
Driver
license suspension
|
Restore
driving privileges during suspension?
|
| |
|
|
|
|
Alabama
|
.08
|
90
days
|
No
|
|
Alaska
|
.10
|
90
days
|
After
30 days
|
|
Arizona
|
.10
|
90
days
|
After
30 days
|
|
Arkansas
|
.10
|
120
days
|
Yes
|
|
California
|
.08
|
4
months
|
After
30 days
|
|
Colorado
|
.10
|
3
months
|
Yes
|
|
Connecticut
|
.10
|
90
days
|
Yes
|
|
Delaware
|
.10
|
3
months
|
No
|
|
District
of Columbia
|
.08
|
2-90
days
|
Yes
|
|
Florida
|
.08
|
6
months
|
Yes
|
|
Georgia
|
.10
|
1
year
|
Yes
|
|
Hawaii
|
.08
|
3
months
|
After
30 days
|
|
Idaho
|
.08
|
90
days
|
After
30 days
|
|
Illinois
|
.08
|
3
months
|
After
30 days
|
|
Indiana
|
.10
|
180
days
|
After
30 days
|
|
Iowa
|
.10
|
180
days
|
Yes
|
|
Kansas
|
.08
|
30
days
|
No
|
|
Kentucky
|
.08
|
--
|
--
|
|
Louisiana
|
.10
|
90
days
|
After
30 days
|
|
Maine
|
.08
|
90
days
|
Yes
|
|
Maryland
|
.10
|
45
days
|
Yes
|
|
Massachusetts
|
None
|
90
days
|
No
|
|
Michigan
|
.10
|
--
|
--
|
|
Minnesota
|
.10
|
90
days
|
After
15 days
|
|
Mississippi
|
.10
|
90
days
|
No
|
|
Missouri
|
.10
|
30
days
|
No
|
|
Montana
|
.10
|
--
|
--
|
|
Nebraska
|
.10
|
90
days
|
After
30 days
|
|
Nevada
|
.10
|
90
days
|
After
45 days
|
|
New
Hampshire
|
.08
|
6
months
|
No
|
|
New
Jersey
|
.10
|
--
|
--
|
|
New
Mexico
|
.08
|
90
days
|
After
30 days
|
|
New
York
|
.10
|
Variable
|
Yes
|
|
North
Carolina
|
.08
|
10
days
|
no
|
|
North
Dakota
|
.10
|
91
days
|
after
30 days
|
|
Ohio
|
.10
|
90
days
|
after
15 days
|
|
Oklahoma
|
.10
|
180
days
|
Yes
|
|
Oregon
|
.10
|
90
days
|
After
30 days
|
|
Pennsylvania
|
.10
|
--
|
--
|
|
Rhode
Island
|
.08
|
--
|
--
|
|
South
Carolina
|
.10
|
--
|
--
|
|
South
Dakota
|
.10
|
--
|
--
|
|
Tennessee
|
.10
|
--
|
--
|
|
Texas
|
.08
|
60
days
|
Yes
|
|
Utah
|
.08
|
90
days
|
No
|
|
Vermont
|
.08
|
90
days
|
No
|
|
Virginia
|
.08
|
7
days
|
No
|
|
Washington
|
.08
|
90
days
|
After
30 days
|
|
West
Virginia
|
.10
|
6
months
|
After
30 days
|
|
Wisconsin
|
.10
|
6
months
|
Yes
|
|
Wyoming
|
.10
|
90
days
|
Yes
|
Drinking
and Driving Data
- Approximately
16,000 people are killed each year in alcohol-related crashes
in the U.S. (1)
- Each
year, approximately 2,200 16-20 year olds are killed in
alcohol-related car crashes. (3)
- Since
1980, the greatest decline in fatalities among legally drunk
drivers was in the 16-20 year-old group. (2)
- 28%
of fatally injured motor vehicle drivers last year had BACs
of at least 0.10%. (2)
- Four
out of five states that lowered the legal BAC to .08% saw
significant decreases in alcohol-related crashes. (2)
- Alcohol
involvement in crashes peaks at night and is higher on weekends
than on weekdays. (2)
- Among
accidents occurring between 9 p.m. and 6 a.m. last year,
53% of fatally injured drivers had BACs at or above 0.10%,
compared with 15% of drivers during other hours. (2)
- Last
year, 39% of fatally injured drivers on weekends (6 p.m.
Friday to 6 a.m. Monday) had BACs at or above 0.10 %, compared
with 21% of drivers on weekdays. (2)
Sources:
1 -- National Highway Traffic Safety Administration
2 -- Insurance Institute for Highway Safety
3 -- Mothers Against Drunk Driving
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