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Drunk Driving Laws

Drunk Driving Laws, December 2012. Governors Highway Safety Association

  • All states define driving with a blood alcohol concentration (BAC) at or above 0.08 percent as a crime, although specific laws and penalties can vary substantially from state to state. Administrative license suspensions allow law enforcement to confiscate a driver’s license when he or she fails a chemical test. Several states grant limited driving privileges – such as driving to and from work – to drivers whose license has been suspended if the driver is able to demonstrate special hardship. All states have some type of ignition interlock law, in which judges require all or a portion of convicted drunk drivers to install interlocks in their cars. These devices analyze a driver’s breath and disable the engine if alcohol is detected. Federal programs transfer surface transportation funding to the Section 402 highway safety grant program for states that fail to adopt open container and repeat offender laws.

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