Drunk Driving Legislation

Over the last 20 years, there has been an increase in the number of drunk driving regulations in the United States, largely due to the efforts of anti-drunk driving groups. In all 50 states in the US, as well as in Puerto Rico, there are two separate offenses for drunk driving.

The first and most well known drunk driving offense is known as DUI (driving while intoxicated) or OWI (operating while intoxicated). Assignment of a DUI or OWI is typically based on the observations of a police officer. They usually look for signs of intoxication including:

• Erratic driving
• Slurred speech
• Failure to pass a roadside sobriety test

The second and newer drunk driving offense is known as illegal per se, which makes it illegal for anyone to driver with a blood alcohol content (BAC) over 0.08%. While the legal limits have varied over the years, it has been illegal to driver with a BAC over 0.08% in all 50 states since 2002.

Most often, a person’s blood alcohol content is measured with a breathalyzer test. However, in some states, it has become legal for police officers to order a blood test to measure someone’s blood alcohol content if the person in question refuses a breathalyzer. This process has been recently instituted and has met with some opposition.

Contact Us

Drunk driving accidents can be catastrophic and cause thousands of deaths every year in the United States. If you have been involved in an accident caused by an alcohol-impaired driver, contact Cincinnati personal injury lawyer Shawn M. Stepleton today at 513-321-7733.