Introduction to DUI Laws

Perhaps you’ve already been cited for a DUI, or you’re trying to educate yourself to avoid one. A DUI, an acronym for driving under the influence, is considered a crime in all 50 states, as well as in DC. If you’ve been drinking and your blood alcohol content (BAC) registers above 0.08 then you’re considered legally intoxicated. Although you may not feel impaired, DUI laws state otherwise.

History

The first DUI law was actually passed in 1910, by the State of New York. The laws were vague back then, and if an officer could prove you were intoxicated, then you could be charged with a DUI. Then, in 1938, after extensive studies and research performed by both the American Medical Association, and The National Safety Council, a BAC of 0.15 was set as the first legal limit for a DUI. These laws remained in effect until the 1970s, when groups such as Mothers Against Drunk Driving, and Student Against Drunk Driving lobbied for changes to the laws, citing statistics regarding drinking and driving. It became a crime for individuals under 21 to buy alcohol, and young people under 21 could receive a DUI for driving with a BAC as low as .01 percent. Additionally, the BAC at which an individual is considered legally intoxicated dropped to 0.15, and again to 0.08. These laws were adopted over time both federally, and at a state level, until the current standards were reached. Although DUI laws may seem extreme, they’re enacted to protect people, and they have proved to be effective. The number of fatal car accidents involving alcohol use dropped from 60 percent in 1980 to 45 percent in 1993. 

Penalties

Although the punishment for a DUI conviction differs between states, most states revoke or suspend your license if you’re caught drinking and driving, and you could also face fines and jail time. In addition, 41 states have passed an administrative suspension law, which means that your license can be suspended if you fail or refuse to take a test to measure your intoxication level, such as a breathalyzer or blood test. These laws make this suspension possible at the time you’re pulled over, before a conviction. In certain states, you may have to forfeit your vehicle, or install a Breathalyzer in your car. It’s also important to realize that even if you’re a first time offender, under current DUI laws in many states, you could be convicted of a felony and spend time in jail, depending on your intoxication level, determined by your BAC.