Legal Limit

The legal limit for intoxication in every state is 0.08% blood alcohol concentration (BAC). However, drivers who are unsafely operating a motorized vehicle (due to alcohol or drug consumption) can be stopped and cited for driving under the influence of alcohol or drugs, regardless of their BAC level. Penalties for DUI vary in each state. States also have a zero tolerance law for drivers under 21 year of age which make it illegal for young drivers to operate a motorized vehicle with any detectable amount of alcohol in their blood, breath or urine.

Legal limits for alcohol intoxication (0.08% or higher) make it illegal to operate a motorized vehicle regardless of whether or not the alcohol has impaired a driver's ability to safely drive. Operating a motorized vehicle with a BAC of 0.08% or higher is by itself evidence of guilt. This is considered per se intoxication and in most states allows for an immediate administrative license suspension. Drivers who have had their license suspended through an administrative license suspension may request a hearing to appeal the suspension. This hearing is generally held within 10 to 30 days from the date of the driver's arrest and allows the driver a chance to get their suspension overturned.

DUI laws have become increasingly harsh. Understanding your rights, your state's laws and how to avoid driving under the influence of alcohol or drugs can ensure you avoid prosecution for DUI.