State Law Facts:
 DUI/DWI LAWS
(from the )



           All but 2 states (Massachusetts and South Carolina) 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 proscribed level, usually 0.10 percent.

           License suspension or revocation traditionally follows
           conviction for alcohol-impaired driving. Under a
           procedure called administrative license suspension,
           licenses are taken before conviction when a driver fails or
           refuses to take a chemical test. Because administrative
           license suspension laws are independent of criminal
           procedures and are invoked right after arrest, they've been
           found to be more effective than traditional post-conviction
           sanctions. Forty-one states and the District of Columbia
           have administrative license suspension laws.

           Thirty-seven states permit some offenders to drive only if
           their vehicles have been equipped with ignition interlocks.
           These devices analyze a driver's breath and disable the
           ignition if the driver has been drinking.

           In 22 states, multiple offenders may forfeit vehicles that
           are driven while impaired by alcohol.

IN NEW YORK CITY, YOU NOW FORFEIT YOUR VEHICLE ON A FIRST TIME DUI, AND YOU DON'T GET IT BACK UNLESS YOU ARE AQUITTED!!!

            1.Laws in Massachusetts and South Carolina aren't per se laws. A BAC
               of 0.10 percent in South Carolina and 0.08 percent in Massachusetts
               is evidence of alcohol impairment but isn't illegal per se.

            2.Information pertains to drivers in violation of the BAC defined as
               illegal per se for all drivers, not the special BAC for young drivers.

            3.Drivers usually must demonstrate special hardship to justify restoring
               privileges during suspension, and then privileges often are restricted.

            4.A multiple offender's vehicle may be seized and disposed.

            5.In New York, administrative license suspension lasts until prosecution
               is complete.

            6.Washington's 0.08 percent BAC and administrative license suspension
               provisions take effect January 1, 1999.



Source: NHTSA/FARS Data, *=Percent of Alcohol-Related Deaths Above National Average
 
 

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