Impaired driving laws differ within each U.S. state in several key ways, including terminology, legal blood alcohol concentration (BAC) limits, penalties, and additional requirements:
- Terminology : Some states use different terms for impaired driving offenses. For example, Massachusetts, Maine, and Rhode Island use "Operating Under the Influence" (OUI), which can include being in physical control of a vehicle even if it is not moving, while many other states use "Driving Under the Influence" (DUI) or "Driving While Intoxicated" (DWI)
- Legal BAC Limits : The standard legal BAC limit is 0.08% in all states except Utah, which has a stricter limit of 0.05%
. Some states also have enhanced penalties for higher BAC levels.
- Penalties : Penalties vary widely by state and can include fines, license suspensions, mandatory jail time, community service, alcohol education programs, and use of ignition interlock devices. For example, Arizona imposes up to $2,500 in fines and a minimum of 10 days jail for DUI, along with mandatory ignition interlock devices for repeat offenders. Utah has a lower BAC limit and also mandates ignition interlock devices for many offenders
- Ignition Interlock Devices : All states have some form of ignition interlock program, but requirements differ. About 27 states require interlocks for all convicted drunk drivers, including first-time offenders, while others require them only for repeat or high BAC offenders
- Repeat Offender Laws : States differ on how they treat repeat offenders. For instance, Georgia mandates a minimum 90-day jail sentence for a second DUI within five years, while other states may have longer suspensions or mandatory treatment programs
- Additional Differences : Some states allow limited driving privileges with an interlock device after a first offense (e.g., New York), while others impose felony charges if impaired driving results in injury or death (e.g., California)
In summary, impaired driving laws vary by state in terminology, BAC limits, penalties, ignition interlock requirements, and treatment of repeat offenses. These differences reflect each state's approach to balancing punishment, deterrence, and rehabilitation to enhance road safety
