DRUNK DRIVING LAWS

Laws regarding drunk driving have very precise meanings. Presumptive laws operate in some states where the judge or jury can presume a driver was impaired if the amount of alcohol in the blood equals or exceeds an amount specified by the law. State laws presume intoxication at a blood alcohol concentration (BAC) of usually 0.10 percent (0.08 in some states). A high BAC and impaired driving behavior is evidence of driving while intoxicated under presumptive laws. The illegal per se laws adopted by 19 states make it illegal in and of itself to drive with a specified BAC--0.10 percent in 18 states and 0.13 percent in Iowa. The illegal per se law provides prosecutors and defendants with an objective standard for assessing guilt or innocence and eliminates subjective evaluations by the police. The constitutionality of the above law has been studied and accepted. A table listing the 51 states and the law operating in each is included.

• Corporate Authors:

  US Air Force Inspection and Safety, Center

  Norton AFB, CA  United States  92409
• Publication Date: 1982-7

Media Info

• Pagination: p. 8-9
• Serial:
  • Driver
  • Volume: 16
  • Issue Number: 2
  • Publisher: US Air Force Inspection and Safety, Center

Subject/Index Terms

• TRT Terms: Blood alcohol levels; Drunk driving; Laws; Per se laws
• Old TRIS Terms: Presumptive laws
• Subject Areas: Law; Safety and Human Factors;

Filing Info

• Accession Number: 00368365
• Record Type: Publication
• Source Agency: National Highway Traffic Safety Administration
• Report/Paper Numbers: HS-033 419
• Files: HSL, USDOT
• Created Date: Oct 30 1982 12:00AM