BAC (Blood Alcohol Concentration)
A chemical test is used to measure the amount of alcohol in a driver?s bloodstream.
Zero Tolerance (Zero Tolerance BAC Laws)
It is illegal for anyone under the age of 21 to drive with any amount of alcohol in their blood. It is a law which is enforced by all 50 states. Even small BAC levels like .01 or .02 will still lead to a penalty.
Enhanced Penalty (Enhancements, High BAC)
BAC is sometimes not the only factor considered when penalties are issues. In some states DUI penalties are increased if at the same time the driver is driving over a certain speed, have children in the car, causes an accident or refuses to be tested.
Mandatory Alcohol Education and Assessment (DUI School, Drunk Driving School)
In several US states, fines and penalties for driving under the influence convictions could be decreased if the motorist takes part in an education and assessment program. In a few states, taking part is obligatory so as to restore driving privileges.
Generally, these plans incorporate drunk driving avoidance training and an assessment of the offender?s drinking level. If the assessment discovers that the driver is alcohol dependent, the motorist can be required to partake in some form of treatment, counseling or support group.
Implied Consent (Mandatory Test)
The majority of states in America currently have passed laws and regulations that demand motorists to undergo a chemical test ? breath, blood or urine testing ? when they are suspected of driving under the influence. In the event the driver refuses to undergo the test, implied consent laws carry penalty charges like mandatory suspension of a driver?s license.
Many think that implied consent laws breach a person?s Fifth Amendment right against self-incrimination, but so far those laws have been completely upheld when challenged in the courts.
Administrative License Revocation
Revocation of a license or administrative suspension is carried out under the authority of a state agency, for example the DMV. The action is independent and autonomous from penalties given by a criminal court.
DUI/DWI Laws | Insurance Institute for Highway Safety