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Do DUI Laws Vary by State?

The laws about drunk driving can be difficult to understand. Every state has different DUI regulations, so it is important to have a general knowledge of what laws pertain to drunk driving in your state.

Generally, drunk driving laws dictate that driving with a blood alcohol content (BAC) above 0.08% constitutes drunk driving. This standard goes across every state. However, even though there is a standard for what amount of alcohol constitutes as impaired, a number of differences arise when looking at specific laws and punishments.

Many states have similarities in their punishments, often relying on temporary suspensions of licenses. Ninety days is the most common penalty time, though some states may have different requirements. Additionally, certain states require a breath analyzer to be attached to the vehicles of repeat offenders. These analyzers prevent the car from being turned on if the alcohol content in your breath is too high. Some states even suggest first time offenders use these devices as a preventative measure against further infringements.

Besides these regulations, many states also have laws about having open alcohol containers in the vehicle. Most states prohibit having these containers. A broader look at requirements of each state for drunk driving penalties and regulations can be found on the Governor’s Highway Safety Association website. It is important to research what laws apply to your state beyond the general 0.08 BAC level.

Last Updated: April 25, 2016

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