DUI LAW

No one should get behind the wheel if they’ve been drinking, but if you’ve made the mistake of doing so you need to get familiar with the laws that are going to impact your life for the next few years. Many people are familiar with the terms DUI and DWI, but it’s not overly common for individuals to understand the laws that surround them. Listed below are some of the basics of DUI law, as well as some of the rules that are specific to certain states.

What is a DUI?

By definition, a DUI is a crime committed when an individual operates a motor vehicle after consuming alcohol or drugs. This includes prescription drugs that can prevent clear thinking or safe driving. Complete intoxication is not required to constitute a DUI; a blood alcohol concentration of .08 qualifies as a DUI, though a police officer can make the call to arrest someone with an even lower reading if they deem it appropriate, (not usually less than a 0.05).

Can DUI Law Suspend or Revoke My License?

In almost all states a driver charged with a DUI will have their license suspended or revoked for driving under the influence. A license can also be revoked before a conviction under certain circumstances. If a driver refuses to take a chemical test, for example, their license can legally be suspended without a conviction ever occurring.

Some of the laws differ between states, and the penalties can be more severe in certain counties than they may be other areas. How familiar are you with these differences?

DUI Laws That Vary Between States

There are a few DUI laws that are only active in some states. For example, required Ignition Interlock Systems laws are only required for repeat DUI offenders in the states of Colorado, Arizona, New Mexico, Illinois, Washington, Louisiana and Alaska. Most states have begun to integrate some form of law that includes Interlock technology, but on ly the few listed above list it as a requirement. The states of Vermont, South Dakota, Maine and Alabama have no laws whatsoever pertaining to Ignition Integration Systems and their uses, though this is expected to change.

Another DUI Law that varies between states is the High BAC-Threshold rule. What this law entails, is that if the blood alcohol concentration (BAC) is above a certain parameter, usually around .15 or .20, there is an additional penalty for the offense tacked on to the other penalties. These types of enhanced penalties include limitations on plea reductions or more intense and longer duration alcohol education/ treatment courses. The High BAC- Threshold law is only currently active in 31 states.

Other more specific differences exist as well. In 32 different states, individuals who are charged with DUI’s on multiple occasions must forfeit their vehicle. In 9 states, there are no circumstances for which a license can be reinstated during a DUI suspension period, even with restrictions. That's why it's important to find the best DUI attorney.

Universal DUI Law

Despite the many differences, there is one common law that is effective in all 50 states; the BAC reading needed for a DUI is equal to .08 in every state. Even though this is a rule implemented everywhere, as previously noted above a police officer can arrest someone for driving with a BAC lower than 0.08 if they appear to be more affected by the substance than the reading shows. Also, good to know as a fun fact, the state of Michigan’s law concerning the legal blood alcohol concentration law is set to change. According to a “sunset clause” written into the Michigan Law, the legal BAC in the state will revert to 0.10 when 2013 rolls around.

How Do I Know Which DUI Laws will Affect Me?

The best way to find out what laws you may have violated in your particular state and county when you were caught driving under the influence is to speak with an expert. Fill out the free evaluation form below and one of our experienced representatives will contact you quickly with the details for your specific case. Protect your rights and be as prepared as possible for your court appearances by being familiar with DUI law.