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In the U.S. all states now have
laws designating a "per se" blood alcohol
concentration or limit (BAC) of 0.08 g/dL as the level of
impairment (DUI).
Some states also have a lesser infraction, Driving
While Impaired (DWI) for BAC's of 0.05 g/dL or
above. Other states impose a legal BAC limit
of as little as 0.01 g/dL for drivers under 21 years
of age which is also now the legal drinking age in
all states. The legal limit for the BAC for
airline pilots is 0.04 g/dL. Commercial
drivers are subject to a similar limit.
Today most states require that
drivers suspected of drunk driving face immediate
arrest. The type of vehicle, such as automobile or
truck, one is driving is immaterial. The car
or other vehicle is usually impounded at the scene
by the police.
Driving under the influence of
drugs (DUID) or even prescription medications has been
legislated in all states. California has
especially stiff DUID laws. Unlike a
DUI, there is
no established limit for most drugs. The law
instead relies upon impairment evidence or the
demonstration of sufficient consumption to result in
impairment. Blood tests are usually necessary
to determine the nature and quantity of a drug in a
suspect's blood. Equipment is under
development that will eventually allow law
enforcement officers to perform roadside tests for
the presence and blood concentrations of certain
drugs.
Some states have more severe
penalties for drivers convicted with a BAC over 0.15
g/dL or 0.20 g/dL. In the case of driving
under the influence with aggravating circumstances
such as resultant severe injury or death to another
party, some jurisdictions impose stiffer penalties
or even felony prison terms. Some states even
increase DUI penalties in instances resulting in a
high level of property damage.
All states also make it a crime to
drive a car or other motorized vehicle under the influence of drugs (DUID) or a
combination of drugs and alcohol. It must be
shown that the drugs or combination resulted in
impaired driving ability for conviction although
some states have banned driving with any amount of
certain drugs.
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