State by State DWI Laws

The driving laws of each state in the United States have been discussed in detail. These states are listed in accordance with their density of population, explaining their respective Driving while intoxicated (DWI) rules and the consequent penalties. Hiring an experienced DWI defense lawyer or attorney is an absolute requirement in all the states, in order to present an effective defense strategy and win the case in favor of the DWI offender.

1. California

   
   Law relating to DWI: A DWI offense in the state of California, you end up facing two charges. One is before the court and the other before the Department of Motor Vehicles (DMV). The first charge is under the California Vehicle code which, considers the fact whether you were intoxicated at the time of driving or not. While, the second charge is with regard to the Blood Alcohol Content (BAC) test i.e. where the driver is found to be driving with a BAC content of more than .08%, he is charged for drunk driving under the DWI laws. Where an individual refuses to take a chemical test initiated by the officer, he is made to face unpleasant consequences in the court of law.

   Penalties: Where the DWI charge is a first time offense, the DMV suspends license of the driver involved in drunken driving for period of four months. Suspension of license extends to a period of 1 year in case of second DWI charge. Where a person is booked under DWI, it is very important to apply for a hearing with DMV with in 10 days of such charge, otherwise it will lead to suspension of license under the DWI Law.

2. Texas

   
   Law relating to DWI: The legal BAC limit for intoxication is .08%. Where a person is found to have crossed the legal drinking limit he is charged under DWI offense. The intoxication level in a person depends on the weight gender and the number of drinks he or she consumed. Where an enforcement officer proceeds to perform a chemical test, it is advisable to comply with his request otherwise it will result in suspension of license for 6 months. Where the driver is below the age of 21, then a DWI charge is viewed far more strictly.

   Penalties: Where a person has committed a DWI offense for the first time, his license is likely to be suspended for a period of 2 months and fine of $500 is levied on him. Where a second time offense has been committed the suspension of license is for a period of 6 months along with heavy fines and a courts direction to attend alcohol awareness programs. It is important to note that taking the help if a defense lawyer is extremely important to deal with the legality of the case and to protect the interest of the accused.

3. New York:

   
   Law relating to DWI: A person convicted under the New York Driving Laws or the DWI laws is said to face two charges. One is under the violation of the per se law of intoxicated driving, where the proceedings are in a criminal court of law and the other under the Department of Motor Vehicles(DMV) for suspension of driving license of a person convicted under DWI offense. The New York Driving laws do not require any BAC test for conviction under DWI offense. It entirely depends on the discretion of the officer on duty. At the same time, where the driver has recorded a BAC level of more than .15 then he is said to have committed an aggravated DWI offense. It is important to understand that seeking the help of a Defense lawyer or attorney is extremely important to reduce the intensity of punishments. The driver has the right to call for his defense before accepting or refusing the chemical test.

   Penalties: The penalties depend upon whether the offense committed is a misdemeanor or felony. Where the offense is committed for the first time it is considered as misdemeanor. This results in a jail term of up to 1 year. Fines ranging from $750 to $1,500 are charged on the convict, with a suspension of license of up to 90 days and additional 6 months if the accused has a prior DWI conviction. Where an offense committed is the second during a period of 10 years from the date of first conviction, the new charge is a felony. An imprisonment for a term of more than 1 year in the state prison is prescribed for a felony. Penalties ranging from $1,000 to $5,000 are levied on the convict, in addition to probation up to 5 years.

4. Florida:

   
   Law relating to DWI: A strict driving law has been framed by the Government of Florida. According to which any driving who tests a BAC content of more than .08% is subject DWI conviction. Zero Tolerance Law applies to those drivers who are below the age of 21 and who are commercial drivers. Thereby, even a trace of intoxication can lead to DWI offense. Keeping in mind the frequent changes in the driving laws it is advisable to hire a defense attorney immediately on DWI conviction. There is a famous ‘ten day rule’, wherein an accused is required to make a request for an Administrative review hearing within 10 days from the date of conviction in order to retain his driving privilege and only a defense lawyer can educate a convict on this requirement.

   Penalties: A conviction under DWI offense results in an immediate revocation of license for a period of six months. Fines upto $2,000 are levied even on 1st DWI conviction. A jail term may also be prescribed depending on the seriousness of the case. In case of drivers below 21 years of age crossing the zero tolerance test are subject to immediate license suspension for 6 months

5. Illinois:

   
   Law relating to DWI: DWI law in the State of Illinois prescribes a legal BAC limit of .08%. Any adult crossing this limit is charged under DWI offense. As for drivers below 21 years of age “zero tolerance law” applies, whereby any trace of alcohol in their body would lead to DWI conviction and immediate suspension of license for 3 months on their 1st violation. The officers can stop any vehicle which they suspect to be driven by a person under the influence of alcohol and may proceed with blood or breathe test or Field sobriety test as the case may be. Under the ‘implied consent rule’ the driver has to give in to the test or may face severe consequence.

   Penalties: The penalties range from fines, jail term, probation and suspension of license as the case may be and also depending on the severity of the case. Even in case of 1st violation the driver who is an adult faces revocation of license for upto 2 years. Hence it is definitely advisable to hire a defense attorney to deal with the legalities of the case.

6. Pennsylvania:

   
   Law relating to DWI: The driving laws of Pennsylvania have been framed in three levels. Where the BAC is .08% to .099% it is regarded as general impairment, BAC of .10% to .159% is regarded as high BAC and BAC between .16% and higher is regarded as highest BAC. Separate levels of BAC have been framed for Commercial, non commercial and minor drivers. Non commercial drivers having a BAC of .08% or more are said to be intoxicated and minors follow the zero tolerance test, any amount alcohol content is an offense. Under the ‘implied rule’ the drivers should cooperate with the officers in performing the field sobriety tests.

   Penalties: DWI penalties are severe, and long lasting. They range from penalties, to jail term along with suspension of license. Greater penalties are imposed for enhanced violations. Hiring a defense lawyer is an absolute necessity in order to handle case in favor of the accused.

7. Ohio

   
   Law relating to DWI: Legal alcohol level is permitted upto .08%, any level beyond this is considered a DWI offense. ‘Physical Control’ offense has been framed in order to cover an intoxicated person in the driver’s position with the ignition key on. This is avoid accidents the moment it is foreseen.

   Penalties: Penalty procedures in case of DWI offense in the state of Ohio are very detailed. Administrative License Suspension results in suspension of license immediately after conviction under DWI. The suspension ranges from 90 days to 5 years. Fines range from $250 to $10,000, while jail terms range from 3 days to 1 year. Driving privileges are suspended by way hard time suspension and the drivers are required to use the restricted plates during hard time. Driving under supervision will be ordered by the court of law for 30 days in case of first offense, 60 days in the case of second and vehicle forfeiture in case of third offense. The court has order permanent loss of vehicle in case of a third DWI offense within 5 years.

8. Michigan

   
   Law relating to DWI: The Michigan State Driving law prescribes the legal BAC level at .08%. Where the is driver found to be driving under and the influence of alcohol and with a BAC level of more than .08% he is said to be committing a DWI offense. It is important to prove beyond doubt that the driver was impaired of his driving ability due to intoxication. Zero Tolerance Test for drivers below 21 years of age has been prescribed; any violation will result in DWI conviction.

   Penalties: For a first time offense you will have to face a fine of upto $500, 93 days in jail and 45days of community service. Second offense will lead to fine of $1,000 and imprisonment of 1 year. A third conviction is treated as felony with a fine upto $5,000 and 1 to 5 years of imprisonment. For all cases there will be suspension of license varying from 6 months to 2 years. Vehicle confiscation is also ordered in case of felony charge.

9. Georgia

   
   Law relating to DWI: Driving laws in the state of Georgia takes into account both the visible driving impairment resulting due to intoxication and the violation of the per se law, where the BAC content is more than the prescribed .08%. It is .04% in case of commercial drivers and for drivers below the age of 21 the limit is .02%. Violation in this regard results in DWI conviction. The services of an experienced DWI defense lawyer are of utmost importance in dealing with the legal aspects of the issue. Such a conviction is permanently recorded in the driving records of the accused.

   Penalties: First time offense is treated as a Simple Misdemeanor. Fines upto $1,000, jail term ranging from 10 days to 12 months and a community service of upto 40 hours are prescribed for a first time offense. Second DWI offense results in a fine of upto $1,000 and jail term upto 12 months with a continuous 72 hours jail time, community service of not less than thirty days, 12 months of probation, mandatory alcohol drug assessment and treatment and a license suspension for a minimum period of 1 year. The punishments are enhanced depending on the aggravating factors and repetitive offenses. Suspension of license is prescribed for refusal to take the test.

10. North Carolina

    
    Law relating to DWI: The North Carolina Driving Law includes both traditional driving impaired charge and per se law for a DWI conviction. Visible impairment in the driving ability of the driver, with a BAC level of more than .08% is sufficient cause for conviction under DWI. BAC level is confirmed with the help of field sobriety test.

    Penalties: The law requires compulsory use of ignition interlock for drivers whose BAC level is more than .16. A BAC level of .04 has been prescribed to those who have already been convicted under DWI charge and have their licenses reinstated. The penalties range from fines, jail term, and ignition interlock, attending of alcohol evaluation classes and suspension of license to seizure of vehicle even if convicted outside the state for a similar offense. Hiring an experienced DWI lawyer is very important for winning the case in your favor.

11. New Jersey

    
    Law relating to DWI: The New Jersey driving laws prosecute a driver under two levels. One is that he has prior impaired driving records and has not improved his behavior and secondly that he was found driving under intoxication with a BAC of more than .08%.The police officers can impound the car of the person drinking and driving. The police officers may proceed with the field sobriety test, which you are required to comply with, otherwise severe penalty awaits you. The DWI convictions can be taken back to 10 years. Drivers below the age of 21 are convicted under DWI law if they are found with a BAC content of more than .01%, followed by suspension of license upto 3 months. There are no jury trials and every case is taken to the court directly. You are given the right to defend your case and incase you do no win the case you can go for a de novo appeal.

    Penalties: On a third or fourth DWI offense the punishments and penalties are lot harsher. Jail term increased by months and penalties increased from $1,000 to $3,000, along with community service as prescribed.

12. Virginia:

    
    Law relating to DWI: Violation of the BAC level of .08% results in a DWI offense along with the proof of driving under the influence of alcohol. The officers have to perform a field sobriety test in order to confirm DWI offense. An experience lawyer is absolutely necessary fro defending the case in your favor. Suspension of driver’s license not only affects the driving right in the state of conviction, but also in other states due to interstate driver’s license pact.

    Penalties: First time DWI offense results in a fine upto $2,500, 1 year jail term and suspension of license for 1 year. This suspension is a must and at the most it can be restricted to the workplace. Punishment enhancements happen due to certain other violations such BAC level beyond 0.15, which invites compulsory 5day jail term. BAC more than .20 results in a mandatory 10 day jail term. Second, third and fourth convictions in the previous 10 years results in mandatory jail term of 3 months to 1 year. Refusal to take a test can result in compulsory suspension of driver’s license for 1 year.

13. Washington

    
    Law relating to DWI: BAC level of .08 % has been prescribed. Any violation results in both administrative case and a court case. Administrative hearing can be requested within 30days from the date of conviction to protect the driving privilege. The officers perform field sobriety test to confirm the BAC level. Any refusal to the test will result in suspension of license for 1 year where no prior convictions exist within seven years, and 2 years in case of prior conviction.

    Penalties: The penalties are framed under various categories such as first offense without prior conviction in 7 years with BAC less than .15 or no refusal to test, first offense without prior conviction in 7 years with BAC more than .15 or refusal to take the test, one prior offense in 7 years with BAC .15 or more and no refusal to test, one prior offense in 7 years with BAC less than .15 and no refusal to test, two prior conviction in 7 years, with BAC more or less than .15 and refusal to take a test. The penalties range from fines, jail term, driving knowledge exams, SR-22 insurance, probationary license, monitored probation and ignition interlock to alcohol evaluation programs.

14. Massachusetts:

    
    Law relating to DWI: The BAC level under driving laws is fixed at .08% for adults and .01%for drivers below the age of 21. Any violation will result in DWI offense. The officers conduct field sobriety test to test the BAC levels. Any refusal to cooperate will result in suspension of license for 180 days. Any repetitive DWI offense with in a period of 5 years will result in aggravated DWI charge. Such a conviction will find a permanent place in the driving records of the convict. BAC test are not always fool proof hence they can also help in defending your case. The case is under jury trial, on refusal by the convicted it is dealt in the court of law.

    Penalties: Probation is granted in lieu of jail term on a case to case basis; such probation is highly restrictive in nature. First offense results in 21/2 years jail term, upto $500 fine and license suspension for 1 year. Second offense invites incarceration of minimum 60days and maximum 21/2 years, fine upto $10,000 and suspension of license for 2 years and general hardship for 1 year. Third offense (felony status) results in incarceration upto 5 years, upto $15,000 fine, and license suspension upto 8 years and hardship for 4 years. Fourth offense (felony status) results in a jail term of not less than 2 years and not more than 5 years, fine upto $25,000 suspension of license for 10years and hardship for 8 years. Fifth offense (felony status) invites jail term of minimum 21/2 years and a maximum of 5 years, fine upto $50,000, license suspension for life and no hardship.

15. Indiana

    
    Law relating to DWI: The BAC level under the Indiana Driving Laws is .08%. Zero Tolerance Test is advocated for drivers below 21 years of age. Any violation in the above said limits will lead to DWI conviction. Where the BAC limit is beyond .15 it is considered as an Enhanced BAC. The officers may proceed to perform the field sobriety test and it is the duty if the driver to given to the test as per the ‘implied consent’ rule.

    Penalties: License suspension for the first, second and third offense is 180 days. There is a mandatory jail term after the second offense. Alcohol education, assessment and treatment are only prescriptive. Ignition interlock and vehicle confiscation is mandatory after the second offense. On suspension of license, hardship license is granted 30 days after suspension of license. It is important to contact a defense lawyer/ attorney to deal with the legalities of the case. Any further aggravation will result in increased penalties and punishments.

16. Arizona

    
    Law relating to DWI: The Arizona driving law prescribes a legal BAC of .08%. Conviction is dealt with two reasons, violation of the BAC limit of .08% and slightest driving impairment due to intoxication. The convict is allowed only 15 days to request for a hearing with the Department of Motor Vehicles from the date of conviction. An extreme DWI is one where the BAC level is more than .15% or where a driver under the age of 21 is detected with even the slightest level of alcohol in his body. The offense is treated as felony where the accused has committed more than two DWI offenses with in five years, he has committed a DWI offense at the time of suspension of license and there was a child under the age of 15 at the time of DWI offense.

    Penalties: The driving licenses will be suspended on refusal to take the test for 1 year is case of first time offense and for 2 years in case of second or repetitive offense within five years. The penalties range from fines, imprisonment, and probation to alcohol educational awareness program. It is recommended that a defense lawyer be hired for defending the case.

17. Maryland

    
    Law relating to DWI: Under the Mary land driving laws you are convicted under DWI offense if you are found to be driving with a BAC content of more than .08%. The officer may proceed to perform a chemical test and it is implied that you cooperate with him. The consequences of non cooperation are very severe. Cooperating for a chemical test can help you in skipping jail term even if convicted. The conviction leads to two cases, an administrative and a court case. The administrative case leads to suspension of license and the court case results in severe penalties and jail terms depending upon the severity of the case. I t is important to request for a hearing under the Maryland administrative hearing within 10 days from the date of conviction in order to hold back your driving privilege. For which you need to pay a fee of $125. Immediately call for a defense lawyer to fight the case in your favor.

    Penalties: Offense under Maryland DWI law can lead to suspension of license for 45 days and a fine of $1,000. For a first time offense, you face a jail term of 1 year; a second offense leads to a fine of $2,000 and jail term of 2 years. Mary land DWI offense includes 12 points in your driving license.

18. Minnesota

    
    Law relating to DWI: Under the driving laws of Minnesota any driver who is found driving under the influence of alcohol and has a BAC level of .08%or more is convicted under DWI offense. The officer may proceed to perform the field sobriety test and it is advised that you follow his guidelines; otherwise you are in for a severe consequence. The DWI charge and penalty depends on the aggravating factors present at the time of DWI offense. Aggravating factors include impairment of driving privilege in the preceding 10 years and a BAC content of more than .20%.

    Penalties: A fourth degree DWI offense results in 3 months jail and a fine of $1,000. A third and second degree offense results in a jail term of one year and a fine of $3,000. First degree DWI offense can lead to 7 years imprisonment and a fine of $14,000. Apart from criminal penalties you are also required to face three administrative cases. First is administrative license revocation, suspension of license on refusing to take the test, secondly administrative license plate impoundment an aggravating factor and finally Vehicle Forfeiture where a person was found driving while intoxicated. Hiring a legal attorney alone can solve the case in favor of the accused.

19. Colorado

    
    Law relating to DWI: The DWI law of the state prescribes a BAC level of .05. Any violation results in DWI conviction. Tow cases namely the Division of Motor Vehicles case and a court case inviting criminal penalty for DWI offense. The convict had only 7 days to request for hearing DMV to protect his driving privilege. The driver is convicted for even slightest impairment in driving abilities due to intoxication. Field sobriety test are conducted by officers to confirm the BAC level. The accused has to face both criminal and administrative penalties on conviction.

    Penalties: The first offense will carry minimum punishments such as fines and fees upto $500, alcohol evaluation course, 48 hours of public service, 1 to 2 years of court probation. Second and third conviction results in maximum penalty and jail term. BAC beyond .20 levels invites 10 days jail term. The maximum penalty results in 1 year jail term, alcohol evaluation, education and therapy for 86 hours, community service for 96 hours and fine upto $1,000.

20. Louisiana

    
    Law relating to DWI: The Louisiana driving laws prosecute the accused misdemeanor and felony for a DWI conviction. Immediately on conviction it is important that you request for a hearing, otherwise it will lead to suspension of license. Taking the help of an experience DWI attorney is vital in this case. The police are not only required to identify the drunken driving individuals and also prove their level of intoxication by way of BAC test or breathe test results. Legal BAC limit is .08%. On refusal to take the test they are arrested.

    Penalties: In case of first Driving While Intoxicated conviction a fine ranging from $300 to $1,000 are levied with a jail term of 10 days and 32 hrs of community service. Driving license is suspended for a period of 3 months. You are required to attend a Substance Abuse Evaluation and Driver Improvement Program. For a second DWI conviction you are required to pay a minimum fine of $750, jail term of 1 month and 240 hrs of community service. Attending the improvement program is a must. Suspension of license is for a period of 1 year. More the offenses the severe is the punishment. On a third offense you may face jail term for 10 years.

21. Oklahoma

    
    Law relating to DWI: The permitted BAC level in the state of Oklahoma is .08%.It is prescribed that the accused should hire a defense attorney the moment he is charged under DWI. The officers may conduct blood or breathe test in order to determine the alcohol content in the body of the driver. It is more than .08% then he is charged under DWI offense. Where the BAC level is more than .15 then it amounts enhanced BAC level an aggravating factor which carries severe penalties. Due to the severity of the law it is advised that the convict should hire a DWI defense lawyer than a criminal lawyer for better approach and defensive strategy. The convict is also required to file a request for hearing with the Department of Public Safety for holding back his driving privilege within 15 days of his conviction.

    Penalties: The penalties range from fines, imprisonments, alcohol education to ignition interlock. First time offense will result in 1 year jail term, heavy fines, ignition interlock, and community service for 480 days and in patient treatment for alcohol. The punishments increase and penalties become heavier with the repetition of the offense.