DUI Laws

"Per Se" Blood Alcohol Concentration (BAC) Level

As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary. This chart identifies the "per se intoxicated" BAC levels for each state.
    
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level

All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent. This chart identifies the "zero tolerance" BAC levels for each state.
   
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level

Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions. This chart identifies the "enhanced penalty" BAC levels for each state.
    
"Implied Consent" Laws

"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.

What is a DUI?

A DUI, or driving under the influence is:

Operating a vehicle under the influence of alcohol, controlled substance, medication, or prescription that impairs the driver's ability to operate the vehicle.

Consequences for a Conviction

Consequences for the conviction of Driving Under the Influence may potentially include:

• Loss of driver's license
• Probation or parole
• Loss of auto insurance
• Court ordered driving school
• Impound of vehicle
• Court ordered ignition device
• Significant fines
• Other

Likelihood of any of the above consequences depends on the following factors:

• Prior similar convictions
• Any other prior convictions
• Currently on probation or parole
• Attitude of the community and court toward this type of crime
• Degree of media attention on case
• Mitigating/aggravating circumstances
• Accident involved
• Blood alcohol content
• Other

DUI Defense

Defenses for Driving Under the Influence may potentially include:

• Insufficient evidence
• Factual innocence
• Illegal traffic stop
• Improper testing
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Retain qualified counsel as soon as possible
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Early investigation and identification of all facts helpful to your defense
• Interview police to minimize or eliminate the case
• Interview the prosecutor to minimize or eliminate the case
• Interview all witnesses
• Reduce or eliminate bail requirements
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
• In appropriate cases, negotiate jail alternatives
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
• Coordinate a private lie detector test
• Develop appropriate motions to dismiss the case
• Develop appropriate motions to suppress evidence

DUI - DRUNK DRIVING