DUI Laws


DUI Laws

Since 1910 when drunk driving was first prohibited in New York, other states have follow its lead in enacting DUI laws. Because DUI driving is the most common cause of car accidents, at present, all jurisdictions in the Unites States prohibit the same.

DUI Prevention Laws

Each of the 50 U.S. states has their respective DUI laws. Much of these laws contain preventive measures, intending to decrease the chances of drunk driving. For instance, there are states that require owners of vehicles to install ignition interlocks, which disable the engine if the driver does not pass the breath analyzer test. Majority of states also prohibit possession of an open liquor bottle in the vehicle's passenger compartment. There are also states that have strict DUI laws such that previous DUI offenders charged again for the same offense shall suffer confiscation of the driven vehicle.

DUI Offense

All states consider drunk driving as a criminal offense due to its fatal effects based on research and statistical data. The offense is more commonly referred to as DUI (driving under the influence) but is also called in other jurisdictions as follows: DWI (driving while intoxicated), OVI (operating a vehicle under the influence) and OWI (operating while impaired).

Blood Alcohol Concentration (BAC)

All jurisdictions have DUI laws prohibit driving with a BAC of .08 percent or above. An exception is provided for special members of the community, who are bound to observe more stringent rules. The legal limit for drivers under 21 years of age is set at 0.01 to 0.02 referred to as "Zero Tolerance Laws" while it is set at 0.04 percent for commercial drivers. Any driver found to be in with a BAC more than the limit allowed by DUI laws shall be legally presumed to be intoxicated and automatically suffer automatic suspension of driving privileges.

DUI Penalties

DUI laws of states differ in other legal matters such as DUI arrest procedure, amount of fines and kinds of penalties. Most states impose a year of imprisonment for DUI conviction. However, such period can be increased if the violation of DUI laws already amounts to a felony, such as when it is accompanied by serious physical injuries, multiple DUI convictions, death and extensive damage to property. Most states also observe the administrative suspension of the offender's issued driver's license by the authority of the Department of Motor Vehicles (DMV).

Because DUI laws vary from each state, for the parties to be strongly represented, they would need the services of a lawyer, who specializes in the laws of the same state where the accident occurred.




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