August 12, 2022

Three Things Drivers in Every State Need To Know About Drunk Driving

Reckless driving lawyers

The tricky thing about traffic laws and traffic violations is that they can differ quite a bit from state to state — each state’s legislature determines the traffic laws and penalties for their own state, and even if you aren’t a resident of the state in which you broke a traffic law, you still have to take responsibility for the violation.

Figuring out the basic legislation behind drunk driving, however, can be a bit easier: here are three simple points about drunk driving traffic violations that apply to all drivers, no matter what state you’re in:

  1. Most drivers already know this, but it’s definitely important to note: the standard measurement of driving drunk is a BAC (blood alcohol content) level of .08% or higher. Most states also have penalties for lower BAC levels, although those penalties usually aren’t as severe as a DWI offense. In general, most states will still consider driving with a .02% BAC level to be a traffic violation, although it’s easier to get out of a traffic ticket for this DUI misdemeanor offense.

  2. That being said, it’s still illegal for underage drivers to have any amount of alcohol in their systems while driving — these are called Zero Tolerance Laws, and anyone under the age of 21 will definitely be charged with a DWI for breaking the law. Zero Tolerance laws may also apply to repeat offenders who have been convicted of felony or misdemeanor traffic offenses involving drugs and/or alcohol.

  3. And finally, something called “implied consent” is another regulation that all states abide by, although a surprising number of drivers aren’t aware of this law. Implied consent means that the moment you get your driver’s license, you automatically agree to take a chemical BAC test if a police officer suspects that you’re driving while under the influence of drugs and/or alcohol. Although you can choose which kind of test you want to take (breathalyzer, urine, or blood), you cannot simply refuse to take a test.

And one more thing that applies to all drivers who might be dealing with drunk driving traffic violations: the best thing you can do to help yourself is to seek legal advice from a DUI defense attorney as soon as possible.
Find more on this here. Good references.

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