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DUI DWI Laws, Dui lawyers of Florida and Georgia

Written by Attorney Referral Service. Posted in Resources

DUI/DWI laws

December 2011


All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a specified level, currently 0.08 percent (0.08 g alcohol per 100 ml blood).

License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Licenses can also be taken before conviction, under a procedure called administrative license suspension, when a driver fails or refuses to take a chemical test. Because administrative license suspension occurs immediately, it has been found to be more effective than post-conviction sanctions. Administrative license suspension is allowed in 41 states and the District of Columbia.

In many states driving privileges can be restored during a suspension, but drivers usually must demonstrate special hardship, and the restored privileges often come with limitations. For example, a person could be allowed only to drive to work or could be required to install an ignition interlock.

Interlock devices analyze a driver's breath and disable the ignition if the driver has been drinking. More than half of all U.S. states require DUI and DWI offenders to install interlocks on their vehicles in order to drive during a license suspension and/or require the devices for specified time periods before fully relicensing offenders. In 15 states and 4 California counties, such a restriction is applied to all offenders, including first-time offenders. An additional 16 states apply the restriction to offenders with high BACs (usually 0.15 percent or higher) and to repeat offenders, and 6 states apply the restriction only to repeat offenders.

The remaining states don't have mandatory interlock laws, though courts or departments of motor vehicles have the discretion to require them.

State Administrative license suspension 1st offense? Restore driving privileges during suspension? Are ignition interlocks mandatory under state law for the following offenses?
First offenders Repeat offenders
Alabama 90 days no high-BAC offenders only yes
Alaska 90 days after 30 days1 all offenders yes
Arizona 90 days after 30 days1 all offenders yes
Arkansas 6 months yes1 all offenders yes
California 4 months after 30 days1 all offenders (in 4 counties)2 no
Colorado 3 months yes1 all offenders yes
Connecticut 90 days yes1 all offenders (effective 12/01/12) yes
Delaware 3 months no high-BAC offenders only yes
District of Columbia 2-90 days yes1 no no
Florida 6 months after 30 days1 high-BAC offenders only yes
Georgia 1 year yes1 no yes3 (effective 01/01/12)
Hawaii 3 months after 30 days1 all offenders yes
Idaho 90 days after 30 days1 no no
Illinois 6 months after 30 days1 all offenders yes
Indiana 180 days after 30 days1 no no
Iowa 180 days after 90 days1 no no
Kansas 30 days no all offenders yes
Kentucky no not applicable no no
Louisiana 90 days after 30 days1 all offenders yes
Maine 90 days yes1 no no
Maryland 45 days yes1 high-BAC offenders only yes
Massachusetts 90 days no no yes
Michigan no not applicable high-BAC offenders only yes
Minnesota 90 days after 15 days1 high-BAC offenders only yes
Mississippi 90 days no no no
Missouri 30 days no no yes
Montana no not applicable no yes
Nebraska 180 days after 30 days1 all offenders yes
Nevada 90 days after 45 days1 no no
New Hampshire 6 months no high-BAC offenders only yes
New Jersey no not applicable high-BAC offenders only yes
New Mexico 6 months yes1 all offenders yes
New York variable4 yes1 all offenders yes
North Carolina 30 days after 10 days1 high-BAC offenders only yes
North Dakota 91 days after 30 days1 no no
Ohio 90 days after 15 days1 no no
Oklahoma 180 days yes1 high-BAC offenders only yes
Oregon 90 days after 30 days1 all offenders yes
Pennsylvania no not applicable no yes
Rhode Island no not applicable no no
South Carolina no not applicable no yes
South Dakota no not applicable no no
Tennessee no not applicable high-BAC offenders only yes
Texas 90 days yes1 high-BAC offenders only5 yes
Utah 120 days no all offenders yes
Vermont 90 days no no no
Virginia 7 days no high-BAC offenders only yes
Washington 90 days yes1 all offenders yes
West Virginia 6 months after 30 days 1 high-BAC offenders only yes
Wisconsin 6 months yes1 high-BAC offenders only yes
Wyoming 90 days yes1 high-BAC offenders only yes

 

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