Blood Alcohol Content and the Legal Drinking Limit

Comparing State DUI Laws

Blood Alcohol Content and the Legal Drinking Limit

The federal limit to legally drive in the United States is a blood alcohol content (BAC) of 0.08%. But drunk driving penalties are a lot real estate values — it all comes down to location, location, location. Before you even think of getting behind the wheel after having just one drink, you should know the DUI laws of your state.

Even if you do not feel the effects of alcohol, your blood alcohol content may exceed your state's legal limit because everyone's body and alcohol tolerance is different.

Chart: Blood Alcohol Content By State

As seen in the chart below, some similarities are shared across the board. State DUI laws, however, vary across the country.

For example, while the blood alcohol content (BAC) levels are all .08, the punishments vary widely. Arizona, Tennessee, and Georgia are among the states with mandatory jail time for first offenders.

On the other hand, California, Connecticut, and Indiana don't have such a requirement. Then there is Wisconsin, where a first-offense drunken driving isn't even a crime.

It's a civil infraction that results in a ticket.

A note on terms in the table below: Per se BAC is the the level of blood alcohol content that means you are intoxicated under the law.

Zero tolerance BAC refers to the level of intoxication considered illegal for drivers under 21. Enhanced penalty BAC is the BAC at which someone will face worse penalties.

Finally, in implied consent law states, motorists are assumed to have given their consent to have their BAC tested.

State«Per Se» BAC Level«Zero Tolerance» BAC LevelEnhanced Penalty BAC Level«Implied Consent» Law
Alabama.08.02Yes
Alaska.08.00.15Yes
Arizona.08.00.15Yes
Arkansas.08.02.15Yes
California.08.02.16Yes
Colorado.08.02.17Yes
Connecticut.08.02.16Yes
Delaware.08.02.15Yes
District of Columbia.08.00.15Yes
Florida.08.02.15Yes
Georgia.08.02.15Yes
Hawaii.08.02.15Yes
Idaho.08.02.20Yes
Illinois.08.00.16Yes
Indiana.08.02.15Yes
Iowa.08.02.15Yes
Kansas.08.02.15Yes
Kentucky.08.02.18Yes
Louisiana.08.02.15Yes
Maine.08.00.15Yes
Maryland.08.02Yes
Massachusetts.08.02.20Yes
Michigan.08.02.17Yes
Minnesota.08.00.16Yes
Mississippi.08.02Yes
Missouri.08.02.15Yes
Montana.08.02Yes
Nebraska.08.02.15Yes
Nevada.08.02.18Yes
New Hampshire.08.02.18Yes
New Jersey.08.01.10Yes
New Mexico.08.02.16Yes
New York.08.02.18Yes
North Carolina.08.00.15Yes
North Dakota.08.02.18Yes
Ohio.08.02.17Yes
Oklahoma.08.02.17Yes
Oregon.08.00Yes
Pennsylvania.08.02.16Yes
Rhode Island.08.02.15Yes
South Carolina.08.02.16Yes
South Dakota.08.02.17Yes
Tennessee.08.02.20Yes
Texas.08.02.15Yes
Utah.05.02.16Yes
Vermont.08.02Yes
Virginia.08.02.15Yes
Washington.08.02.15Yes
West Virginia.08.02.15Yes
Wisconsin.08.02.15Yes
Wyoming.08.02.15Yes

Regardless of Your State's DUI Laws, an Attorney Can Help You

DUI (or DWI, OUI, etc.) laws vary from state to state, including the license suspension procedure and penalties upon conviction. Even though the thought of hiring an attorney can be daunting, having experienced counsel by your side can make a huge difference. Don't delay; contact a local DUI attorney today.

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Источник: https://www.findlaw.com/dui/laws-resources/comparing-state-dui-laws.html

Blood Alcohol Content and the Legal Drinking Limit

  • Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
  • Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater.
  • Drivers under 21 are legally drunk when a chemical test reveals any alcohol concentration in their blood or breath.
  • First-time offenders face at least 72 hours in prison and a fine of at least $1,500. The driver’s license revocation period is at least 90 days.
  • A person who commits a second DWI within 15 years of the first conviction faces at least 20 days in prison and a fine of at least $3,000. The driver’s license revocation period is at least one year.
  • A person who commits a third DWI within 15 years of the previous convictions faces at least 60 days in prison and a fine of at least $4,000. The driver’s license revocation period is at least three years. If, however, the offender committed the third offense within 10 years of the previous convictions, the minimum prison sentence is 120 days, and the minimum fine is $10,000. In that case, driving privileges are permanently revoked. After 10 years, the offender can request that his or her license be restored, provided that the offender has not been convicted of a crime since revocation and that he or she can provide proof of insurance.
  • A person who commits a fourth DWI within 15 years of the previous convictions faces at least 120 days in prison and a fine of at least $5,000. The driver’s license revocation period is at least five years. If, however, the offender committed the fourth offense within 10 years of two previous convictions, the minimum prison sentence is 240 days, and the minimum fine is $10,000. In that case, driving privileges are permanently revoked. After 10 years, the offender can request that his or her license be restored, provided that the offender has not been convicted of a crime since revocation and that he or she can provide proof of insurance.
  • A person who commits a fifth DWI within 15 years of the previous convictions faces at least 240 days in prison and a fine of at least $6,000. The driver’s license revocation period is at least five years. If, however, the offender committed the fifth offense within 10 years of two previous convictions, the minimum prison sentence is 360 days, and the minimum fine is $10,000. Driving privileges are permanently revoked. After 10 years, the offender can request that his or her license be restored, provided that the offender has not been convicted of a crime since revocation and that he or she can provide proof of insurance.
  • A person who commits a DWI who has been convicted of drunk driving five or more times within a 15-year period faces at least 360 days in prison and a fine of at least $7,000. The driver’s license revocation period is at least five years. If, however, the offender committed the offense within 10 years of two previous convictions, the minimum fine is $10,000. Driving privileges are permanently revoked. After 10 years, the offender can request that his or her license be restored, provided that the offender has not been convicted of a crime since revocation and that he or she can provide proof of insurance.

Commercial drivers operating commercial vehicles are considered to be under the influence if their BAC, taken within four hours of the alleged offense, is .04.

In addition to other penalties that may be imposed under Alaska’s DWI laws, a commercial driver who commits a first DWI while driving any vehicle will be disqualified from driving a commercial vehicle for at least one year.

If, however, the offense was committed while the driver was operating a commercial vehicle and transporting hazardous materials, the disqualification period is at least three years.

If a commercial driver is convicted of a second DWI while driving any vehicle, the offender will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to 10 years.

In addition, under Alaska law, those convicted of operating a commercial vehicle while under the influence are sentenced as though they had been previously convicted of the offense. Thus, for example, if a commercial driver is a first-time DWI offender, the driver faces the penalties normally imposed on second-time offenders.

Drivers Under 21

Drivers under 21 commit the offense of “minor operating a vehicle after consuming alcohol” if a chemical test reveals any alcohol concentration in the minor’s blood or breath. A minor cited under this law is prohibited from operating a vehicle, aircraft, or boat for 24 hours after the citation is issued.

If convicted, first-time offenders must pay a $500 fine and serve 20 to 40 hours of community work service related to education about the prevention or treatment of alcohol abuse or perform such other work service as the judge orders.

Second-time offenders must pay a $1,000 fine and serve 40 to 60 hours of community work service related to education about the prevention or treatment of alcohol misuse or perform such other work service as the judge orders.

Those who violate this law three or more times, must pay a $1,500 fine and perform 50 to 80 hours of community work service related to education about the prevention or treatment of alcohol misuse or perform such other work service as the judge orders.

Ignition Interlock

  • The sentencing judge may order any person convicted of DWI to use an ignition interlock device after driving privileges are restored.
  • A person convicted of drunk driving who had a blood alcohol concentration of .16 but less than .24 must use an ignition interlock device for at least six months after regaining driving privileges.
  • A person convicted of drunk driving who had a blood alcohol concentration of .24 or more must use an ignition interlock device for a minimum of one year after regaining driving privileges.

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What is Alaska’s Dram Shop Statute?

Under this statute, an establishment licensed to sell alcohol may be civilly liable for injuries caused by intoxication if it (1) served a visibly drunk person; or (2) knowingly served someone who is underage.

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When Can a Person Not Licensed to Sell Alcohol be Civilly Liable for Injuries Caused by Intoxication?

Under Alaska law, anyone who knowingly serves alcohol to a person under 21 will be held civilly liable for injuries the minor causes to himself or to another person, so long as the minor’s intoxication substantially contributed to the injury.

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Criminal Penalties for Selling or Furnishing Alcohol to a Minor

In Alaska, it is a crime for any person to sell or otherwise furnish alcohol to a person under 21. Violators of this law faces up to one year in prison and are subject to pay a fine of up to $10,000.

If, however, the minor who received the alcohol causes serious injury to or the death of another person while under the influence of alcohol, the person who sold or furnished the alcohol faces up to five years in prison and is subject to pay a fine of up to $50,000.

A person who has a previous conviction of selling or furnishing alcohol to a minor and commits another offense within five years of the first conviction also faces up to five years in prison and is subject to pay a fine of up to $50,000.

Need more information on state laws? Learn more about the laws where you live.

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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia.

This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.

Please note: All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.

Источник: https://www.edgarsnyder.com/drunk-driving/driving-alcohol-laws/alaska.html

Blood Alcohol Level Deaths: What You Need to Know

Blood Alcohol Content and the Legal Drinking Limit

BAC stands for blood alcohol content—and it can be lethal. Compounding the problem is the fact blood alcohol level death is not an exact thing. It can happen at any point after response times become impaired. 

It only takes .08% blood alcohol content (BAC) to be over the legal limit. That can be as little as one cocktail from a generous bartender or an end-of-day IPA beer for some people. For a 180-pound man, it only takes three normal drinks. 

Not to mention a weekend warrior’s binge can have a horrible impact on your financial wellbeing. The cost of a DUI can run over $10,000. And that doesn’t account for expenses related to getting in an at-fault accident. 

Here’s a small sampling of state DUI laws that show how serious the offense is:

Texas — Even if it’s your first DWI (Driving While Intoxicated) offense, you’ll have consequences to pay in Texas. You could face up to a year in jail and will pay at least $2,000 in fines.

Arizona — Arizona is well-known for it’s tough DUI laws. First-time offenders will spend a minimum of 10 days in jail, and an ignition interlock device is mandatory. Alcohol-abuse assessment and/or treatment is also required if you’re convicted. But your license will be suspended for up to 90 days even if you’re only arrested for a suspected DUI.

Ohio — If you are convicted of a DUI in Ohio you could lose your drivers license and driving privileges for as long as three years. 

What Blood Alcohol Level Causes Death?

Most people think that having a few drinks is no big deal, and most of the time it is. But going too far with alcohol consumption can have serious consequences. 

  • .40 BAC and above significantly increases the risk of alcohol poisoning.

  • As early as .20 BAC your gag reflexes begin to fail and choking on vomit is a serious risk. A 120-pound woman can reach this level with just five drinks.

Each drink adds up. Keeping it to a maximum of 2-4 drinks (depending on sex and weight) is the only way to prevent alcohol poisoning. And of course, always have a designated driver even if you only plan to have a few drinks.

Total Misconceptions About Blood Alcohol Level

There have been a lot of drunken myths and misconceptions that have been told so many times over the years people just take them as fact. But the truth is they are pure fiction. 

The real facts about blood alcohol level are:

  • A full stomach may slow the absorption of alcohol, but it doesn’t mean that alcohol cannot creep up on you.

  • Coffee will not make you sober. Only time will. 

  • Carbonated beverages have been found to cause quicker alcohol absorption.

  • Stress can cause alcohol to enter your bloodstream faster.

  • Women get drunk quicker than men, even at the same body weight.

Blood alcohol level death is only one of many consequences that can come from drinking and driving. If you’re interested in learning more check out these US Drunk Driver Stats. 

Blood Alcohol Level — Effects and Consequences for 0.02-0.19 BAC

Years of research and many unfortunate accidents have helped doctors identify average levels of risk for various BAC levels. If you decide to take a drink you need to know the BAC info below.

0.02-0.03 BAC: Feeling good. A little less inhibited, relaxed and slightly euphoric. This low level may make an inexperienced drinker feel lightheaded. Blood alcohol content is low.

0.04-0.06 BAC: Under 21, you're at DUI level. You feel warm, more deeply relaxed, euphoric, more extroverted and there’s an elevation in your sense of well-being. At the same time, your emotions and behavior are becoming more exaggerated. Caution begins to slip at this BAC level. 

0.07-0.09 BAC: DUI level for drivers 21 and older. The first sense to go is hearing (which is why drunk people are loud).

At this level, you are beginning to be slightly impaired, and euphoria is high. Balance, vision, hearing and speech are all affected. Reason, memory and self-control are negatively impacted as well.

Reaction time slows, yet most people believe they are fine at this level. 

0.10-0.125 BAC: Say goodbye to good judgment, graceful coordination and clear speech. Slurring may be evident and balance is compromised. You’re also more ly to spill your secrets and express inner feelings. And people at this level seem energetic.

0.13-0.15 BAC: Things aren't fun anymore. You are losing physical control and motor skills are becoming severely unskilled. This is the point where most people are stumbling and vision is blurry. The euphoria that made things fun is giving way to anxiety and restlessness. Perception and judgment are strongly impaired.

0.16-0.19 BAC: Sloppy drunk. This is where that moniker is indisputable. You don’t feel well, emotionally or physically. Nausea can occur.

.20 BAC — Blood Alcohol Level Death Risk Increases

0.20 BAC: Emotional turmoil, confusion, blackouts and vomit death are possible. At .20 BAC, your gag reflexes are impaired. (Do not let drunk people fall asleep, especially on their back.) Anger, sadness and big rides on an emotional roller coaster usually accompany the vomiting.

This is the definition of dazed and confused. Help with simple things standing, walking and holding objects may be necessary. If you stumble and fall, you may not feel pain until the next day.

0.25 BAC: Bruises at best. Your body is pretty much not your own anymore. In addition to blackouts, risk of choking on your own vomit is increased. Falls and accidents are also more ly.

0.30 BAC: Total drunken stupor. It’s no longer just passing out. You are lapsing in and consciousness. Suddenly passing out and being unresponsive (unable to be awoken) is seriously possible.

You will be entirely disoriented with little understanding of where you are. This is not yet certain blood alcohol level death, but it may be necessary to get someone to a hospital. Bladder function can fail.

So can heart rate.

0.35 BAC: Reasonable coma risk. Being this drunk is being under surgical anesthetic. And since surgery is a risk, imagine the risk of blood alcohol level death.

0.40+ BAC: Possible death. Your heart could stop. You may stop breathing. This is a coma level drunk. Blood alcohol level death is almost guaranteed.  

As you can see, alcohol consumption isn’t all fun and revelry. It can easily get hand and lead to hospitalization or worse. If you’re going to indulge the safest bet is to take it slow and limit the number of drinks you have to 2-3 at most.

Read more

Wanna know the toughest DUI laws in the United States? 

*This article was updated on 6/29/2020

Источник: https://www.idrivesafely.com/defensive-driving/trending/blood-alcohol-level-deaths-what-you-need-know

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