State DUI Laws

While laws pertaining to DUI vary from state to state and even by jurisdiction, all states have enacted per se laws. This means that in any state, you can be arrested for driving while intoxicated if you have a blood alcohol content of .08% or greater. Per se laws have nothing to do with a person actually being intoxicated. In a per se DUI case, the prosecution will attempt to prove to a judge or jury that a person is DUI based on a chemical test result (blood, breath or urine).

In addition to per se laws, most states and the District of Columbia have administrative license suspensions. Completely separate from the criminal court proceedings, administrative license suspensions take place through a state’s Department of Motor Vehicles. Many states with an administrative license suspension require a driver to request a hearing within a certain number of days following their DUI arrest. Failure to request a hearing will result in the immediate suspension of a person’s license. It is very important to hire an experienced DUI defense attorney to represent you at both a DMV hearing and in criminal court. Keep in mind that even if you win at your DMV hearing, your license could still be suspended later in criminal court.

In all but three states, serious DUI offenders are required to install an ignition interlock device in their vehicle upon conviction. This is a type of device that prevents a person from being able to start their vehicle if the machine detects a certain amount of alcohol on their breath. Tax payers and states are in favor of this system because it is 100% funded by the offender.

DUI offenders with enhanced penalties such as leaving the scene of an accident may have their vehicle forfeited over to the state. This is the case in 32 states. In addition, most states (all but seven) have open alcohol container laws that affect passengers as well as drivers.

As you can see, DUI laws across the United States are tough. That’s why you must hire a DUI defense attorney that’s experienced in handling these complex cases, so please fill out our free online case evaluation form.