Drunk Driving

• Author: Richard Leiter
• Pages: 137-155

Page 137

Penalties for drunk driving continue to become tougher over the years as the cost of this dangerous behavior rises. Reckless alcohol consumption among young people has also risen markedly, and it has been met with sharp intolerance. There are often lower legal limits for minor drivers and longer driver’s license suspensions.

Drunk driving, driving while intoxicated (DWI), or driving under the influence (DUI), is typically determined by the alcohol content found in the driver’s blood. Blood alcohol content (BAC) may be determined in two ways: through breath analysis or urinalysis. All states have now lowered the legal limit of blood alcohol content from 0.10 to 0.08 percent. The last three states to change the BAC limit, Colorado, Delaware and Minnesota, have done so in the last three years. Also, thirty-four states have passed laws lowering the BAC to 0.02 percent or no amount for drivers under 21. Twelve states have also set a separate limit at 0.04 percent for commercial vehicle drivers.

Penalties for drunk driving are severe in most states. Virtually every state suspends the driver’s license on a first offense, and the length of suspension increases sharply with each successive offense. There is, however, a great deal of variation in the lengths of suspension of driving privileges among the states. Several states include revocation on the third or fourth offense.

The newest development in the laws of drunk driving concern court-ordered attendance at an alcohol abuse rehabilitation program upon conviction for driving while intoxicated. Most have some sort of rehabilitation requirement for problem drinkers and drivers.

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Table 9: Drunk Driving
State	Code Section	BAC Legal Limit	Rehabilitation Required?	Driver’s License Suspension?	Other Penalties
ALABAMA	32-5A-191	.08% BAC; under 21 or school bus or day care driver on duty: .02%	Yes on first offense; DUI court referral program approved by state	1st offense: 90 days; 2nd: 1 yr.; 3rd: 3 yrs.; 4th or subsequent: 5 yrs.	1st: imprisonment up to 1 yr. and/or $600-$2100; 2nd within 5 yrs.: up to 1 yr. including mandatory min. sentence of 5 days jail or min. 30 days community service $1100-$5100; 3rd: min. 60 days, max. 1 yr. and $2100-$10,100; 4th or subsequent within 5 yrs.: felony conviction, min. 1 yr. and 1 day, max. 10 yrs. and $4100-$10,100; doubled sentence if offender over the age of 21 was transporting minor under age of 14 at time of offense
ALASKA	28.35.030; 28.15.181	.08% BAC as determined by test taken within 4 hours of offense	Yes, must satisfy screening, evaluation, referral, and program requirements of agency authorized by state to provide rehabilitative treatment; while in prison or as a condition of parole a court may order the administration of drugs intended to prevent the consumption of alcoholic beverages	1st: 90 days min.; 2nd: 1 yr. min.; 3rd: 3 yrs. min., 4th or subsequent: 5 yrs. min.	1st: min. 72 hrs. and min. $1500; 2nd: min. 20 days and min. $3000; 3rd: min. 60 days and min. $4000; 4th min. 120 days and min. $5000; 5th min. 240 days and min. $6000; 6th and subsequent: min. 360 days and min. $7000; while imprisoned: 1st: 24 hrs. of community service; 2nd: 160 hrs. of community service
ARIZONA	28-1381, et seq.	.08% BAC within 2 hrs. of driving or being in actual physical control of vehicle; commercial vehicle drivers: .04% BAC	Yes, alcohol abuse screening session by screening or treatment facility approved by health services; alcohol abuse classes or approved treatment facility if necessary	1st: 90 days; 2nd within 5 yrs. or within 1 yr. of similar conviction in another state: revocation for 1 yr. and required to equip all vehicles with a certified ignition interlock device for period determined by the court.	1st: min. 10 days or 24 hrs. (if court ordered program completed) and min. $250 and court determined community service; 2nd within 60 months or 1 yr. of similar conviction in another state: min. 90 days or 30 days if court ordered program completed and min. $500 and court determined community service

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State	Code Section	BAC Legal Limit	Rehabilitation Required?	Driver’s License Suspension?	Other Penalties
ARKANSAS	5-65-103, et seq.	.08% BAC as determined by test	Alcohol education program prescribed and approved of by Arkansas Highway Safety Program or alcoholism treatment program approved by Division of Alcohol and Drug Abuse Prevention	1st: 120 days; 2nd within 5 yrs.: 24 mos. or 1 yr. min. if court orders issuance of ignition interlock restricted license; 3rd within 5 yrs.: 30 mos. or 1 yr. min. if court orders issuance of ignition interlock restricted license; 4th or subsequent within 5 yrs.: revocation for 4 yrs.	1st: 1 day to 1 yr. in prison, court can order community service in lieu of jail; 2nd: 7 days to 1 yr. in prison or minimum of 30 days community service; 3rd: 90 days to 1 yr. in prison or minimum of 90 days community service; 4th: 1 yr. to 6 yrs. in prison or minimum of 1 yr. community service; 5th or subsequent: 2 yrs. to 10 yrs. in prison or minimum of 2 yrs. community service. Fines (5-65-112) 1st: $150–$1000, 2nd: $400–$3000, 3rd or subsequent: $900–$5000.
CALIFORNIA	Veh. §§23152, et seq.,§13352, §§23536, et seq., §23580	.08% BAC at time of driving as determined by chemical test within 3 hrs. of driving (rebuttably presumed that percentage at time of driving was equal to or more than at time of test); commercial vehicle driver: .04% BAC	Yes: must participate in a driving-under-the-influence program in driver’s county of residence or employment	1st: 6 mos., or if probation granted, could be 90 days with exception of traveling to work and rehab program; 2nd: 2 yrs., after 12 mos. a restricted license may be granted upon enrollment in an 18 or 30 month licensed program; 3rd: 3 yrs., after 24 mos. a restricted license may be granted upon completion of an 18 or 30 month authorized program; 4th: 4 yrs., after 24 mos. a restricted license may be granted upon completion of an 18 or 30 month authorized program	1st: 96 hrs. to 6 mos. prison (48 hrs. continuous) and $390-1000; 2nd within 7 yrs.: 90 days to 1 yr. (48 hrs. continuous or 10 days min. community service) and $390-1000; 3rd within 7 yrs.: 120 days to 1 yr. and $390-$1000 and designation as habitual traffic offender for 3 yrs.; 4th within 7 yrs.: 180 days to 1 yr. and $390-1000 and designation as habitual traffic offender for 3 yrs. Note: penalties increase if violations include bodily injury.

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State	Code Section	BAC Legal Limit	Rehabilitation Required?	Driver’s License Suspension?	Other Penalties
COLORADO	42-4-1301; 42-2-129; 42-2-132	.08% BAC at the time of driving or within 2 hrs. after driving (if there was between .05% and .08% BAC, presumption is that driver was impaired); under age 21: .02% BAC within 2 hrs. of driving	Yes, alcohol and drug driving safety programs in each judicial district provide presentence alcohol and drug evaluations and recommend treatment	1 yr.	1st: 5 days to 1 yr. and court may fine $300-1000 and 48-96 hrs. useful public service; 2nd within 5 yrs.: 90 days to 1 yr. and court may fine $500-1500 and 60-120 hrs. useful public service; 3rd within 5 yrs.: 70 days to 1 yr. and court may fine $450-1500 and 56-112 hrs. of useful public service and designation as habitual offender
CONNECTICUT	14-227a	.08% BAC at time of offense	Court may order participation in alcohol education and treatment program in addition to any fine or sentence	1st: 1 yr.; 2nd: 3yrs. or until 21st birthday, whichever longer; 3rd: permanently	1st: $500-1000 and jail up to 6 mos. (minimum 48 consecutive hrs.) or probation including 100 hrs. community service; 2nd within 10 yrs.: $1000-4000 and jail up to 2 yrs. (minimum 120 days consecutive) and probation including 100 hrs. community service; 3rd within 10 yrs.: $2000-8000 and jail up to 3 yrs. (minimum 1 of which is consecutive) and probation, including 100 hrs. community service
DELAWARE	21 §4177	.08% BAC as shown by test taken within 4 hours of offense (evidence of .05-.08% BAC raises no presumption of intoxication but may be used as factor in intoxication determination); under age 21: .02% BAC within 4 hrs. of driving	Yes, shall include course of instruction and/or program of rehabilitation (1st offense may include max. of 6 mos. confinement); subsequent offense may include max. of 15 mos. confinement	1 yr., unless equipped with ignition interlocking device	1st: $230-1150 and/or 60 days-6 mos.; 2nd within 5 yrs.: $575-2300 and 60 days-18 mos.; 3rd within 5 yrs.: guilty of class G felony, $1000-3000, 1-2 yrs.; 4th or subsequent: guilty of class E felony, $2000-6000, 2-5 yrs.

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State	Code Section	BAC Legal Limit	Rehabilitation Required?	Driver’s License Suspension?	Other Penalties
DISTRICT OF COLUMBIA	50-2201.05, 50.2205.02	.08% BAC; .10% alcohol in urine (less than .03% BAC or .04% in urine is evidence of intoxication but no presumption of intoxication; greater than .05% BAC or .06% in urine constitutes prima facie case of intoxication); under age 21: no measurable amount of alcohol for blood, breath, or urine	Yes, can request person enter diversion program	Yes for unspecified time	1st: $200-300, 30 days; 2nd within 15 yrs.: $300-500, 5 days–1 yr. or 30 days community service; 3rd and subsequent within 15 yrs.: $1000-5000, 10 days–1 yr. or 60 days community service, Note: vehicle may be impounded
FLORIDA	316.193, 322.28	.08% BAC; .08% in breath	Yes, required attendance at licensed substance abuse course, including psychological evaluation	Revocation/suspension upon conviction; 1st: 180 days–1 yr.; 2nd within 5 yrs.: 5 yrs.; 3rd within 10 yrs.: 10 yrs.; vehicle impounded; 1st: 10 days; 2nd within 5 yrs.: 30 days; 3rd within 10 yrs.: 90 days	1st: $250-500 and jail up to 6 mos. and probation up to 1 yr. and community service of 50 hrs. minimum or $10 fine per hour not worked; 2nd within 5 yrs.: $500-1000 and jail up to 9 mos., min. 10 days; 3rd within 10 yrs.: 3rd degree felony $1000-2500 and

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