State Dui Laws

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Date Submitted: 05/16/2011 07:39 PM

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The following is California’s Vehicle Codes regarding drunk driving:

State "Per Se" BAC Level "Zero Tolerance" BAC Level Enhanced Penalty BAC Level "Implied Consent" Law

California .08 .01 .16 Yes

CAL. VEH. CODE § 23152 – 22329.1 (2005) states that any driver with a blood-alcohol concentrate (BAC) level of .08 or above is considered intoxicated and impaired by law. Under this code, the zero tolerance law penalizes anyone under the legal drinking age of 21 that is found with alcohol in their system or operating a vehicle with a BAC level of .01. Harsher penalties, jail time, and more severe driver’s license sanctions are admissible to offenders with a .16 percent BAC at the time of the offence. In addition, implied consent laws apply in the state of California which requires suspected DUI drivers to submit to being tested either by breath, blood or urine samples. If a driver refuses these tests, the penalty for breaking this law includes mandatory suspension of a driver’s license for a period of six months to a year.

The following is Florida’s Vehicle Codes regarding drunk driving:

State "Per Se" BAC Level "Zero Tolerance" BAC Level Enhanced Penalty BAC Level "Implied Consent" Law

Florida .08 .02 .15 Yes

FLA. STA § 316.193(2005) states that any driver with a blood-alcohol concentrate (BAC) level of .08 or higher is considered intoxicated and is legally impaired. If under the influence, operating a vehicle or traces of alcohol with a BAC level of .02 or higher is found, the zero tolerance law will apply to anyone under the legal drinking age of 21. Harsher penalties, jail time, and more severe driver’s license sanctions are admissible to offenders with a .15 percent BAC at the time of the offence. In addition, implied consent laws apply in the state of California which requires suspected DUI drivers to submit to being tested either by breath, blood or urine samples. If a driver refuses these tests, the penalty for breaking this law includes mandatory...