Knowledge — 1 year ago

What Happens if You Are Arrested for DUI: Common DUI Laws

by Robert C.

What Happens if you are Arrested for DUI

State DUI Laws: Common DUI Laws in Every State

Operating a motor vehicle while under the influence of alcohol consumption causes an impaired ability to drive, and sadly, thousands of people around the world lose their lives because of drunk drivers every year. To minimize the number of DUI accidents, most countries, including the USA, have stipulated DUI laws.

In the US, there are federal DUI laws and state DUI laws that define what is considered driving under the influence, and what will be the penalties for this type of crime. Generally speaking, drivers how are 21 years or older, a blood alcohol concentration (BAC) of 0.08% or higher is illegal, and drivers with this level of alcohol will be deemed as DUI.

For drivers how are 21 years or younger, the state BAC limits range from 0.00 to 0.02.

Every state in the US has set DUI penalties for first-time offenders, and below you will find the complete list of state DUI laws.

What Happens if you are arrested for DUI
State DUI Laws in the US

Alabama DUI Laws

Minimum Jail Time – None, Fines & Fees - $600 to $2,100, Minimum License Suspension - 90 Day, Ignition Interlock Device Required – No

Also, according to Alabama DUI Laws, an individual can get a DUI even if he/she were not actually driving the vehicle or had the car in motion. In the state of Alabama, drivers who have been arrested for a DUI need to submit a urine, blood, or breath test. If an individual refuses to perform the test, their license will be automatically suspended for 90 days.

Alaska DUI Laws

Minimum Jail Time – 72 hours, Fines & Fees - $1,500 Min, Minimum License Suspension - 90 Day, Ignition Interlock Device Required – Yes

In Alaska, there are OUI (operating under the influence) laws that prohibit the operation of motor vehicles with a blood alcohol concentration (BAC) of .08% or more. Also, under Alaska DUI laws, individuals who are under the influence of controlled substances, alcohol, or a combination of both are prohibited from operating a motor vehicle.

Arizona DUI Laws

Minimum Jail Time – 24 hours, Fines & Fees - $250 base fine, Minimum License Suspension - 360 days, Ignition Interlock Device Required – Yes

Much like in Alaska, the Arizona DUI laws prohibit the operation of motor vehicles with a blood alcohol concentration (BAC) of .08% or more and while under the influence of controlled substances. There is also a “baby DUI” law in Arizona according to which motorists who are under the age of 21 cannot operate a motor vehicle with any detectable amount of alcohol in their system.

DUI Laws

Arkansas DUI Laws

Minimum Jail Time - 24 hours, Fines & Fees - $150 to $1,000, Minimum License Suspension - 6 months, Ignition Interlock Device Required – Yes

Under Arkansas DUI laws, the definition of intoxication is blood alcohol concentration (BAC) of .08% or greater. Individuals who are arrested for a possible DUI in Arizona must submit to a chemical or breath test.

California DUI Laws

Minimum Jail Time - 4 days to 6 months, Fines & Fees - $1,400 to $2,600, Minimum License Suspension - 30 days to 10 months, Ignition Interlock Device Required – Yes, in some counties

The California DUI laws are unique in the sense that they have " Per Se DUIs"; according to these laws, the legal BAC limits depend on several factors, such as body size, gender, number of drinks, the strength of drinks, etc.

So, the BAC in California is not absolute, and it must be calculated according to several factors.

 

Colorado DUI Laws

Minimum Jail Time - Up to 1 year (DUI), or up to 180 days (DWAI), Fines & Fees - Up to $1,000 (DUI), or up to $500 (DWAI), Minimum License Suspension - 9 months (DUI), none for DWAI, Ignition Interlock Device Required – No

In addition to Colorado DUI laws, the state also defines two terms:

DWAI - Driving a vehicle while “ability impaired” by alcohol, drugs, or a combination of alcohol and drugs.

DUI per se - Operating a vehicle with a blood alcohol content (BAC) of .08% or more.

Individuals who have been found in a DUI, DWI, or DUI per se must complete an alcohol/drug evaluation as well as a treatment program in the state of Colorado.

Connecticut DUI Laws

Minimum Jail Time - 2 days up to 6 months, Fines & Fees - $500 to $1,000, Minimum License Suspension - 1 year, Ignition Interlock Device Required – No

Delaware DUI Laws

Minimum Jail Time - Max. 6 months, Fines & Fees - $500 to $1,1500, Minimum License Suspension - 1 to 2 years, Ignition Interlock Device Required – No

State DUI Laws

D.C. DUI Laws

Minimum Jail Time - Max 90 days, Fines & Fees - $300 to $1,100, Minimum License Suspension - 6 months, Ignition Interlock Device Required – No

Florida DUI Laws

Minimum Jail Time - 6 to 9 months, Fines & Fees - $500 to $2,000, Minimum License Suspension - 180 days to 1 year, Ignition Interlock Device Required – Yes

Under Florida DUI laws, a per se DUI requires a BAC level of .08% or more, unless the driver is operating a commercial vehicle, in which case the BAC level is lowered to .04%. Also, a BAC level of .02% is applied to drivers under the age of 21 under Florida DUI laws.

Georgia DUI Laws

Minimum Jail Time - 24 hours to 1 year, Fines & Fees - $300 to $1,000, Minimum License Suspension - Up to 1 year, Ignition Interlock Device Required – No                                 

Hawaii DUI Laws

Minimum Jail Time - None, Fines & Fees - $150 to $1,000, Minimum License Suspension - 90 days, Ignition Interlock Device Required – No     

Idaho DUI Laws

Minimum Jail Time - Up to 6 months, Fines & Fees - Up to $1,000, Minimum License Suspension - 90 to 180 days, Ignition Interlock Device Required – No

Illinois DUI Laws

Minimum Jail Time - Up to 1 year, Fines & Fees - Up to $2,500, Minimum License Suspension - Min. 1 year, Ignition Interlock Device Required – Yes

Illinois DUI laws driving under the influence as BAC level of .08%, driving under the influence of intoxicating compounds, alcohol, drugs, or a combination of the three substances. Under the Illinois DUI laws, a tetrahydrocannabinol (THC) concentration of five nanograms or more within two hours of driving is considered DUI.

DUI Laws

Indiana DUI Laws

Minimum Jail Time - 60 days to 1 year, Fines & Fees - $500 to $5,000, Minimum License Suspension - Up to 2 years, Ignition Interlock Device Required – No

Iowa DUI Laws

Minimum Jail Time - 48 hours up to 1 year, Fines & Fees - $625 to $1,200, Minimum License Suspension - 180 days, Ignition Interlock Device Required – Yes, if BAC above .10

Kansas DUI Laws

Minimum Jail Time - 48 hours, Fines & Fees - $750 to $1,000, Minimum License Suspension - 30 days, Ignition Interlock Device Required – Yes

Like in several other states, Kansas DUI laws define DUI not only for those who drive motor vehicles but also those who “operating or attempting to operate” while driving under the influence.

If an individual is arrested for DUI in Kansas, they must submit to a breath test or a blood test. Individuals who refuse to take a test will face a one-year suspension of their license.

 

Kentucky DUI Laws

Minimum Jail Time - None, Fines & Fees - $600 to $2,100, Minimum License Suspension - 90 days, Ignition Interlock Device Required – No

Louisiana DUI Laws

Minimum Jail Time - 2 days to 6 months, Fines & Fees - $1,000, Minimum License Suspension - 90 days, Ignition Interlock Device Required – Possible

Maine DUI Laws

Minimum Jail Time - 30 days, Fines & Fees - $500, Minimum License Suspension - 90 days, Ignition Interlock Device Required – No

Maryland DUI Laws

Minimum Jail Time - Up to 1 year (DUI); up to 2 months (DWI), Fines & Fees - Up to $1,000 (DUI); up to $500 (DWI), Minimum License Suspension - Min 6 months (DUI & DWI), Ignition Interlock Device Required – No

US DUI Laws

Massachusetts DUI Laws

Minimum Jail Time - Up to 30 months, Fines & Fees - $500 to $5,000, Minimum License Suspension - 1 year, Ignition Interlock Device Required – No

Michigan DUI Laws

Minimum Jail Time - Up to 93 days, Fines & Fees - From $100 to $500, Minimum License Suspension- Up to 6 months, Ignition Interlock Device Required – Possible

In addition to the Michigan DUI laws, the state has several other laws that define what it is to drive under the influence:

OWI - operating while under the influence of drugs or alcohol

OWVI - operating while visibly impaired

First-time OWI offenders will receive a 180-day license suspension. First-time offenders with a BAC level of .17% or higher will receive a 1-year license suspension.

 First-time OWVI offenders will receive a 90-day license suspension. If the individual used a controlled substance, the license suspension period will increase to 180 days.

Minnesota DUI Laws

Minimum Jail Time - Up to 90 days, Fines & Fees - $1,000, Minimum License Suspension - Up to 90 days, Ignition Interlock Device Required – Yes                                

Mississippi DUI Laws

Minimum Jail Time - Up to 48 hours, Fines & Fees - $250 to $1,000, Minimum License Suspension - 90 days, Ignition Interlock Device Required – No

Missouri DUI Laws

Minimum Jail Time - Up to 6 months, Fines & Fees - Up to $500, Minimum License Suspension - 30 days, Ignition Interlock Device Required – Possible

DUI Law
Montana DUI Laws

Minimum Jail Time - 2 days to 6 months, Fines & Fees - $300 to $1,000, Minimum License Suspension - 6 months, Ignition Interlock Device Required – Possible

Nebraska DUI Laws

Minimum Jail Time - 7 to 60 days, Fines & Fees - Up to $500, Minimum License Suspension - Up to 60 days, Ignition Interlock Device Required – No

Nevada DUI Laws

Minimum Jail Time - 2 days to 6 months, Fines & Fees - $400 to $1,000, Minimum License Suspension - 90 days, Ignition Interlock Device Required – Possible

New Hampshire DUI Laws

Minimum Jail Time - None, Fines & Fees - $500 to $1,200, Minimum License Suspension - 6 months, Ignition Interlock Device Required – No

New Jersey DUI Laws

Minimum Jail Time - Up to 30 days, Fines & Fees - $250 to $500, Minimum License Suspension - 3 months to 1 year, Ignition Interlock Device Required – Possible

New Jersey DUI laws define DUI as the operation of a motor vehicle with a BAC of .08% or higher. If the owner of vehicle permits an intoxicated person to operate their vehicle, they will be charged with DWI under New Jersey DUI laws. Drivers who are under the age of 21 will be considered as having broken New Jersey DUI laws if they have a BAC level of .01% or higher.

Underage drivers with a BAC of .01%-.08% can receive 15-30 days of community service, 30-90 days of license revocation, and they must participate in the IDRC or other treatment programs.

 

New Mexico DUI Laws

Minimum Jail Time - Up to 90 days, Fines & Fees - Up to $500, Minimum License Suspension - Up to 1 year, Ignition Interlock Device Required – Yes

New York DUI Laws

Minimum Jail Time - None, Fines & Fees - $500 to $1,000, Minimum License Suspension - 6 months, Ignition Interlock Device Required – Yes

New York DUI laws define two types of offenses:

driving while ability impaired – DWAI

driving while intoxicated - DWI

Drivers with a BAC level of .05% or less are not considered to have their abilities impaired. Individuals with .07%-.08% are considered as DAWI.

North Carolina DUI Laws

Minimum Jail Time - 24 hours (for level 5 offender) (however, if 3 aggravated factors are present -- Level 1A -- minimum of 12 months), Fines & Fees - $200 (for level 5 offender), Minimum License Suspension - 60 days to 1 year, Ignition Interlock Device Required – No

What Happens if you are arrested for DUI

North Dakota DUI Laws

Minimum Jail Time - None, Fines & Fees - $500 to $750, Minimum License Suspension - 91 to 180 days, Ignition Interlock Device Required – No

Ohio DUI Laws

Minimum Jail Time - 3 days to 6 months, Fines & Fees - $250 to $1,000, Minimum License Suspension - 6 months to 3 years, Ignition Interlock Device Required – No

Oklahoma DUI Laws

Minimum Jail Time - 5 days to 1 year, Fines & Fees - Up to $1,000, Minimum License Suspension - 30 days, Ignition Interlock Device Required – No 

Oregon DUI Laws

Minimum Jail Time - 2 days or 80 hours community services, Fines & Fees - $1,000 to $6,250, Minimum License Suspension - 1 year, Ignition Interlock Device Required – Yes

Pennsylvania DUI Laws

Minimum Jail Time - None, Fines & Fees - $300, Minimum License Suspension - No, Ignition Interlock Device Required – Yes, if a refusal to take a chemical test

Rhode Island DUI Laws

Minimum Jail Time - Up to 1 year, Fines & Fees - $100 to $500, Minimum License Suspension - 2 to 18 months, Ignition Interlock Device Required – No

South Carolina DUI Laws

Minimum Jail Time - 48 hours to 90 days, Fines & Fees - $400 to $1,000, Minimum License Suspension - 6 months, Ignition Interlock Device Required – No

South Dakota DUI Laws

Minimum Jail Time - Up to 1 year, Fines & Fees - $1,000, Minimum License Suspension 30 days to 1 year, Ignition Interlock Device Required – No

 

Tennessee DUI Laws

Minimum Jail Time - 48 hours up to 11 months, Fines & Fees - $350 to $1,500, Minimum License Suspension - 1 year, Ignition Interlock Device Required – Yes

The state of Tennessee prohibits individuals from driving a motor vehicle or those who are in physical control of a vehicle under the following conditions:

The individual has a BAC level of .08% or higher.

The individual is under the influence of a controlled substance, marijuana, an intoxicant, controlled substance analog, substance affecting the central nervous system, drug, or a combination of several of these substances.

Texas DUI Laws

Minimum Jail Time - 3 to 180 days, Fines & Fees - Up to $2,000, Minimum License Suspension - 90 to 365 days, Ignition Interlock Device Required – No

Texas DUI laws prohibit individuals who operate motor vehicles when the following conditions occur:

blood alcohol concentration (BAC) of .08% or higher

while intoxicated by drugs or alcohol

The state of Texas uses the term “driving while intoxicated” (DWI) and not DUI, but some still interchange the two terms.

DUI Law

Utah DUI Laws

Minimum Jail Time - 48 hours, Fines & Fees - $700 min, Minimum License Suspension - 120 days, Ignition Interlock Device Required – No

Vermont DUI Laws

Minimum Jail Time - Up to 2 years, Fines & Fees - Up to $750, Minimum License Suspension - 90 days, Ignition Interlock Device Required – No                                                                                                                                                 

Virginia DUI Laws

Minimum Jail Time - 5 days, Fines & Fees - Min. $250, Minimum License Suspension - 1 year, Ignition Interlock Device Required – Yes (if BAC .15 or above)

Washington DUI Laws

Minimum Jail Time - 24 hours to 1 year, Fines & Fees - $865.50 to $5,000, Minimum License Suspension - 90 days to 1 year, Ignition Interlock Device Required – Yes

Under Washington DUI laws, individuals who answer the following are considered as driving under the influence:

blood alcohol concentration (BAC) of .08% or higher

THC concentration of 5 nanograms per milliliter of blood or higher

Under the influence of drugs, alcohol, or marijuana

Individuals who violate Washington DUI laws must submit to a drug and alcohol evaluation. They must also follow the recommended treatments and educational classes.

West Virginia DUI Laws

Minimum Jail Time - Up to 6 months, Fines & Fees - $100 to $1,000, Minimum License Suspension - 15 to 45 days, Ignition Interlock Device Required – Possible

Wisconsin DUI Laws

Minimum Jail Time - None, Fines & Fees - $150 to $300, Minimum License Suspension - 6 to 9 months, Ignition Interlock Device Required – No

Wyoming DUI Laws

Minimum Jail Time - Up to 6 months, Fines & Fees - Up to $750, Minimum License Suspension - 90 days, Ignition Interlock Device Required – Yes - if BAC .15 or above

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