DWI Laws
The laws against DWI, or driving while intoxicated, vary from state to state. A person is guilty of DWI when found in control of a motor vehicle while being under the influence of alcohol or drugs.
There are two different laws that all states follow with regard to DWI. The first law is called "Illegal per se BAC," which means that the driver's blood alcohol concentration is at or greater than the state's maximum level. This number differs by state, but in most cases is either .08 or .10 percent.
The second law refers to "Illegal per se BAC for drivers under 21 years old." Many states are inflicting harsher penalties on drunk drivers under the age of 21. In all states, the maximum blood alcohol concentration level is lower than for drivers of legal age. Because it is illegal for anyone under age 21 to drink alcohol, it is illegal for them to have any alcohol in their bloodstream while operating a car. For this reason, most states have zero tolerance laws for minors, allowing the BAC level to be no greater than 0.0, and will institute strict punishments and fines against them in DWI cases. These laws have been put in place because research has found that young, impaired drivers are involved in fatal accidents twice as often as adults over age 21. It only takes the average teenager one drink to attain a .02 BAC, enough to put them well over the acceptable 0.0 limit. Depending on the state, a teen can lose his or her license for as little as six months and as long as until he or she turns 21.
All states impose fines on DWI offenders, including first offenders. The fines and penalties vary greatly by state and by circumstance. Fines can range from $100 to $2500. In some cases, the driver's license will be suspended immediately following arrest. Driving suspensions following a DWI arrest or conviction also vary depending on state from zero time to 10 days to one year. It is possible to have driving privileges reinstated during the suspension. This decision is left up to the judge during the DWI hearing.
Repeat offenders face harsher DWI laws that first time offenders. Drivers can face permanent suspension of their drivers' licenses as well as jail time for repeat DWI convictions. They may also be sentenced to receive treatment in an alcohol or drug addiction program.
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