State Drunk Driving Laws

State Drunk Driving Laws

Drunk Driving Laws

Laws provide many tools to combat drunk driving. Administrative License Suspension laws allow licenses to be seized during an arrest. States use .08 Blood Alcohol Concentration (BAC) to determine drunk driving, and many have increased penalties for drivers with higher BAC levels. A federal program offers incentives to states that adopt open container and repeat offender laws.

Drunk driving penalties can affect a driver's vehicle or license plates. Vehicles may be impounded or sold, or specially marked license plates or installation of ignition interlock devices may be required. Alcohol Exclusion Laws allow insurance companies to deny payment for treatment of drunk drivers' injuries. The laws have limited the ability of physicians to diagnose people with alcohol or drug problems and refer them to treatment. States have recognized this and are responding by repealing such laws.

Highlights of current state drunk driving laws include the following:

• 7 states (Alaska, Arizona, Illinois, Louisiana, Nebraska, New Mexico and Washington) have made ignition interlocks mandatory for all convicted drunk drivers, even first-time offenders.
• 43 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands all have some type of Administrative License Revocation on the first offense.
• 41 states, the District of Columbia
  and Guam have increased penalties for high BAC.