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DUI & Traffic Violations by State

State-by-state guidance on license risk, hearings, court steps, and traffic-defense timing.

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Alabama DUI & Traffic Violations in Alabama: what actually drives the file, field-sobriety wording, and license risk DUI § 32-5A-191: 1st offense $600-$2,100 + up to 1yr jail + 90-day suspension + mandatory SAP; BAC .15%+ = mandatory IID even first offense; child in vehicle = enhanced 2nd-offense penalties; 4th offense = Class C FELONY; lookback: 5yr for 2nd offense, 10yr for 3rd/4th Alaska Alaska DUI & Traffic Violations: the steps readers tend to miss at the start, refusal-warning record, and without making the page read like a template Alaska DUI (AS 28.35.030) requires mandatory 72-hour minimum imprisonment even for first offense; ignition interlock required beginning with first conviction (AS 28.15.198); third offense within 10 years is a Class C felony Arizona Arizona DUI & Traffic Violations: what to handle first around citation strategy, implied-consent pressure, and timing Three-tier DUI: standard (.08%), Extreme DUI (.15%, 30-day mandatory jail), Super Extreme DUI (.20%, 45-day mandatory jail) — A.R.S. §§ 28-1381, 28-1382 Arkansas DUI & Traffic Violations in Arkansas: where early mistakes cost the most, the filing discipline that keeps leverage intact, and what usually shifts earliest Arkansas uses "DWI" not "DUI" (ACA §§ 5-65-101 to 120); applies to ANY motorized vehicle (farm equipment + ATVs on public roads + boats under Water Safety Act). 5-YEAR look-back (shorter than Iowa's 12yr or Nevada's 7yr); prior DWI >5 years ago = treated as first offense. Penalties ACA § 5-65-111: 1st = Class A misd/24hr mandatory min/1yr max/$150-$1K/6-month suspension; 2nd (within 5yr) = 7 days mandatory/1yr max/$400-$3K/24-month suspension; 3rd = Class D FELONY/90 days mandatory/30-month suspension/IID; 4th = Class C FELONY/1yr mandatory/4yr suspension. California California DUI & Traffic Violations: where the records that usually matter before the file settles changes how readers should frame the problem 10-day DMV hearing deadline: missing it means automatic license suspension, independent of your criminal case outcome Colorado Colorado DUI & Traffic Violations: the early sequence that protects options, stop record, and without making the page read like a template Unique two-tier system: DWAI (.05%-.079% BAC, § 42-4-1301(2)): 2-180 days, 8 points; DUI (.08%+ BAC): 5 days-1yr, 12 points, 9-mo revocation + IID; DWAI is distinctly Colorado — no equivalent in Indiana/WI/MO/MD Connecticut A more practical Connecticut DUI & Traffic Violations guide: hearing timing, the early sequence that protects options, and clearer timing Connecticut uses "OUI" (Operating Under the Influence) not DUI; CGS § 14-227a; two prongs: (1) per se: BAC ≥ 0.08% (adult); 0.04% CDL; 0.02% under-21; OR (2) "under the influence" of alcohol/drug impairing ability to operate with reasonable prudence; "operation" = engine running + in position of control (not just moving vehicle); drug OUI: no per se THC limit; Drug Recognition Expert (DRE) 12-step protocol + "under the influence" prong for drug impairment Delaware Delaware DUI & Traffic Violations: the practical pressure around body-cam timing, booking timeline, and early sequence Delaware DUI statute: Del. Code Ann. tit. 21, sec. 4177; prohibits operating while under influence of alcohol (0.08%+) OR drugs (including marijuana 5 ng/mL THC per se standard) OR combined influence; also prohibits any impairing drug in blood. BAC thresholds: 0.08%+ (standard adults) + 0.04%+ when operating CMV (CDL holders) + 0.02%+ (under-21; zero tolerance). Del. Code Ann. tit. 21, sec. 4177B: Drug Influence Evaluation (ARIDE/DRE) protocols for drug-DUI detection. First offense DUI (class B misdemeanor): up to 6 months (typically suspended) + minimum $500 fine + license revocation AT LEAST 12 months (or 3 months if alcohol education program completed + no prior DUI = "short suspension") + mandatory alcohol assessment/treatment (Level I-IV) + IID 1 year upon reinstatement if BAC above 0.15%. Second offense (within 10 years; class A misdemeanor): MANDATORY MINIMUM 60 DAYS imprisonment (cannot be suspended) + $750-$2,500 fine + 24-month revocation + mandatory IID 18 months upon reinstatement. Third offense (within 10 years; class G felony): MANDATORY MINIMUM 1 YEAR imprisonment + $1,500-$5,000 fine + permanent license revocation. Dewey Beach summer DUI: ~341 year-round residents; ~30+ bars per square mile in 1-mile stretch (Coastal Highway/Route 1A between Rehoboth Bay + Atlantic Ocean); Memorial Day + July 4th + Labor Day weekend DUI enforcement surges; DE State Police DUI Enforcement Unit sobriety checkpoints on Coastal Highway; Rehoboth Beach PD + Dewey Beach Police + DSP Troop 7 (Georgetown) = Sussex County summer beach DUI enforcement. Florida DUI & Traffic Violations in Florida: what to sort out first, the points where the file most often starts drifting, and what usually shifts earliest 10-day DHSMV hearing deadline: miss it = automatic suspension without any hearing, regardless of criminal case outcome Georgia DUI & Traffic Violations in Georgia: evidence timing, dashcam preservation, and the first decisions that actually matter 30-day ALS deadline: file DS-1205 hearing request OR enroll in IID within 30 days of arrest — missing = automatic suspension Hawaii Sorting out dui & traffic violations in Hawaii: chemical test issues, document control, and what deserves review first Hawaii OVUII (HRS § 291E-61): "Operating a Vehicle Under the Influence of an Intoxicant" — broader than DUI; covers alcohol + drugs + controlled substances + any combination impairing normal mental faculties OR ability to care for self. BAC thresholds: adults 0.08%; CDL 0.04%; under-21 zero tolerance 0.02% (§ 291E-64). Penalties: 1st offense ($250-$1,000 + 72hr-5days jail OR community service; OR 5-day minimum if BAC ≥0.15% aggravated + 90-day revocation + substance abuse assessment + possible IID); 2nd offense within 5yr ($500-$1,500 + 5-14days jail + 1yr revocation + mandatory IID); 3rd offense within 10yr ($500-$2,500 + 10-30days jail + indefinite revocation + mandatory IID); 4th+ within 10yr = CLASS C FELONY (§ 291E-61.5; 0-5yr imprisonment; up to $10K fine; indefinite revocation). Look-back: 10 YEARS for enhancement. Felony 4th applies to tourists same as residents. Idaho Idaho DUI & Traffic Violations Guide: suspension pressure, body-cam timing, and what actually drives the file Idaho DUI § 18-8004: BAC ≥0.08% adults; ≥0.04% CDL commercial vehicle; ≥0.02% under 21; OR under influence of any intoxicating substance. EXCESSIVE DUI: BAC ≥0.20% (2.5× legal limit) = enhanced mandatory minimums. 10-YEAR LOOK-BACK. Standard 1st (BAC 0.08-0.19%): misdemeanor; 48hr mandatory min/6mo max/$1,000 min fine/90-day suspension/IID for restricted permit. Excessive 1st (BAC ≥0.20%): 10-DAY mandatory min/1yr max/$2,000 min fine/1yr suspension/IID. 2nd (10yr): 1-YEAR MANDATORY JAIL (all mandatory)/no early release/$2,000 min/1yr suspension/IID. 3rd+ (10yr) = FELONY § 18-8005: up to 10yr state prison/$5K fine/indefinite license suspension. Vehicular manslaughter while DUI § 18-4006: up to 15yr state prison. Illinois Starting a dui & traffic violations issue in Illinois: stop record, body-cam timing, and before a quick answer becomes an expensive one Statutory Summary Suspension: automatic 46 days post-arrest — 6 months (fail) / 12 months (refuse) first offense; contest within 90 days Indiana Indiana DUI & Traffic Violations Guide: hearing timing, citation strategy, and what deserves review before response Indiana calls it OWI — 'operating while intoxicated'; per se .08% BAC; ANY Schedule I/II substance (including marijuana) in blood = per se OWI (I.C. § 9-30-5-1) Iowa Iowa DUI & Traffic Violations strategy: BMV notice handling, suspension pressure, and where early mistakes cost the most IOWA CALLS IT "OWI" (Operating While Intoxicated — NOT DUI): § 321J.2; "operating" = physical control of running vehicle even without movement (being asleep in running parked car = OWI). Three theories: (1) impairment (any substance, no specific BAC); (2) per se 0.08% BAC; (3) zero-tolerance drug theory (any controlled substance in blood/urine — including THC metabolites detectable 30+ days after last use). CDL = 0.04%; under-21 = 0.02%. Kansas Kansas DUI & Traffic Violations: what to handle first around hearing timing, chemical test issues, and timing Kansas DUI KSA § 8-1567: under influence of alcohol OR controlled substance OR BAC ≥0.08%. 10-YEAR LOOK-BACK (one of longest in US; contrast AR/MS 5yr). Standard 1st (BAC 0.08-0.15%): Class B misdemeanor; 48hr min/6mo max/$750-$1K/30-day suspension + 180-day IID restriction. AGGRAVATED 1st (BAC ≥0.15%): Class A misd; 90-day min/1yr max/$1,250-$1,750/1yr suspension + 1yr IID. 2nd (within 10yr): Class A misd; 90 days mandatory (or 72hr + 18-day work release)/1yr suspension/1yr IID after. 3rd = Level 6 FELONY (Kansas sentencing grid); 1yr suspension/2yr IID. 4th+ = higher felony level. Kentucky A more practical Kentucky DUI & Traffic Violations guide: stop record, the first official sources worth checking, and clearer timing DUI = KRS 189A.010; BAC 0.08% standard; 0.04% CDL in CMV; 0.02% under-21 zero tolerance; ALSO impairment-based (no BAC test needed if impaired); Intoxilyzer 8000 (manufactured by CMI Inc., Owensboro KY) = evidential breath device; PBT = probable cause only, NOT admissible for BAC; 20-minute observation period required before Intoxilyzer 8000 test Louisiana Starting a dui & traffic violations issue in Louisiana: suspension pressure, booking timeline, and before a quick answer becomes an expensive one Louisiana uses DWI (Driving While Intoxicated) NOT DUI — verify terminology on all documents; La. R.S. 14:98; BAC 0.08% standard; 0.04% for CDL holders operating CMV; 0.02% for under-21 (zero tolerance); Intoxilyzer 9000 = Louisiana's evidential breath test device; portable roadside PBT = probable cause only, NOT admissible at trial Maine Starting a dui & traffic violations issue in Maine: booking timeline, field-sobriety wording, and before timing gets tighter Maine OUI (NOT DUI/DWI): 29-A M.R.S. § 2411; "operating" = broader than "driving" (any volitional act using vehicle controls while intoxicated; engine running in parked car can qualify). Per se limits: 0.08% BAC (21+) + 0.04% (CDL commercial) + any measurable amount (under 21). First OUI (no aggravating factors): $500 fine + 150-day suspension (no work-restricted license for first 30 days) + mandatory alcohol screening/treatment + NO mandatory jail. Aggravating factors (enhanced to $700 fine + 275-day suspension): BAC ≥0.15% + any Schedule W drug (heroin/fentanyl/cocaine/meth) + passenger under 21 + eluding law enforcement + speed 30+ mph over limit + school safety zone. Second OUI (within 10 years): 7+ days jail + $700 fine + 3-year suspension + mandatory IID. Third OUI: Class C crime (up to 5 years state prison) + $1,100 + 6-year suspension + IID. Breath test refusal (29-A M.R.S. § 2521; implied consent): 275-day ALS (SIGNIFICANTLY longer than typical 90-day first refusal; compare NH no mandatory insurance state). Refusal evidence admissible at trial (consciousness of guilt inference). Maryland DUI & Traffic Violations in Maryland: the early file behind body-cam timing, refusal-warning record, and real next steps Two-tier alcohol offenses: DUI (§ 21-902(a), .08%+, 1yr/$1K, 12pts) vs. DWI (§ 21-902(b), .06-.07% impairment, 60days/$500, 8pts); both eligible for PBJ on first offense Massachusetts Massachusetts DUI & Traffic Violations: where the overlooked paperwork that changes strategy changes how readers should frame the problem Massachusetts calls it OUI (not DUI) — 'operating' broadly defined includes sitting in driver's seat with engine running while parked; sleeping-in-car cases charged Michigan A more practical Michigan DUI & Traffic Violations guide: suspension pressure, the overlooked paperwork that changes strategy, and clearer timing OWI (not DUI): 0.08% per se standard; OWVI (visibly impaired) is lesser charge — both count as priors for escalation Minnesota Minnesota DUI & Traffic Violations: evidence timing, the review moments that actually change outcomes, and the next review point worth slowing down for DWI 4 degrees: 4th (1st offense no aggravating factors, misdemeanor, 90days/$1K) → 3rd (1 aggravating factor or .16%+, gross misdemeanor) → 2nd (2+ factors) → 1st (3+ factors or 4th DWI in 10yr, FELONY 7yr/$14K); aggravating factors: .16%+, breath test refusal, child under 16, prior DWI/revocation in 10yr Mississippi Mississippi DUI & Traffic Violations Guide: refusal-warning record, BMV notice handling, and what to sort out first Mississippi DUI Miss. Code § 63-11-30: drives while under influence alcohol OR controlled substance OR BAC ≥0.08%. 5-year look-back (same as Arkansas; shorter than Iowa 12yr). Penalties: 1st = 48hr mandatory/48hr-1yr max/$250-$1K/90-day suspension; BAC >0.15% = aggravated 1st ($1K-$2K/48hr mandatory no alternative); 2nd (within 5yr) = 5 days mandatory/1yr max/$600-$1.5K/1-2yr suspension/IID; 3rd = FELONY/1-5yr prison/$2K-$5K/3yr suspension; 4th = FELONY/2-10yr/$3K-$10K. Missouri DUI & Traffic Violations for Missouri readers: dashcam preservation, document control, and practical next moves Missouri calls it DWI (not DUI): RSMo § 577.010; per se .08% BAC (§ 577.012); 'drugged condition' covers marijuana/controlled substances — but NO per se THC threshold; DRE evaluations required for marijuana impairment proof Montana A clearer Montana DUI & Traffic Violations page: dashcam preservation, stop record, and before timing gets tighter Montana DUI: Mont. Code Ann. sec. 61-8-401; "under the influence" = ability to safely operate vehicle impaired by alcohol or drugs; per se: 0.08%+ BAC (21+) + 0.04% (CDL) + any detectable amount (under 21). First DUI: 24 hours minimum to 6 months jail (minimum suspendable for 24-hour community service) + $600-$1,000 fine + 6-month license suspension + alcohol/drug assessment + MANDATORY IID after first conviction (expanded from prior law). Second DUI (within 10 years): 7+ days jail (minimum) + $1,200-$2,000 fine + 1-year suspension + mandatory IID 1+ year after reinstatement + mandatory treatment. Third DUI (within 10 years): FELONY; 30+ days prison + $2,500-$5,000 fine + 1-year suspension + IID. Fourth+ DUI: felony; possible permanent revocation. 80 MPH CONTEXT: Montana rural interstate 80 mph (highest in US; enacted 2015); vast distances (Missoula to Billings = 344 miles on I-90; Billings to Great Falls = 225 miles on US-87/I-15); long-distance rural interstate driving after drinking = severe accident risk; MT Highway Patrol DUI enforcement campaigns on I-90 + I-15 during summer/holiday weekends. Nebraska Nebraska DUI & Traffic Violations Guide: citation strategy, booking timeline, and what to sort out first Nebraska DUI § 60-6,196: BAC ≥0.08% adults; ≥0.04% CDL in commercial vehicle; ≥0.02% under age 21; OR under influence of controlled substance. 12-YEAR LOOK-BACK (among longest in US; matches Iowa's 12-year OWI). 1st offense: Class W misdemeanor; 7-60 day jail (or 2 days + 120hr community service); $500 fine; 6-month revocation; IID required for work permit. HIGH BAC (≥0.15%): enhanced penalties; NO diversion. DIVERSION: available for eligible 1st offense (no accident/injury/high BAC; no prior diversion within 10yr); alcohol education/treatment + fee + community service + clean record → charge dismissed (6-12mo program). 2nd (12yr): Class I misd; 30-day mandatory (or 10 days + 120hr CS); 18-month revocation; 2yr IID. 3rd: Class IIIA FELONY; 180-day mandatory; $1K; 15-year revocation; 3yr IID. 4th: Class IIA FELONY; 180-day mandatory; $1K. Nevada Nevada DUI & Traffic Violations: early leverage, the early sequence that protects options, and the next review point worth slowing down for Nevada DUI NRS § 484C.110: drives or actual physical control while (1) under influence; (2) BAC ≥0.08%; (3) controlled substance impairment; (4) combined alcohol/drug; (5) prohibited substance concentration. 7-year look-back for prior offenses. Penalties NRS § 484C.400: 1st = 2 days mandatory min (or 24-48hr community service)/6 month max/$400-$1,000/185-day revocation; if BAC ≥0.18% = IID 185 days. 2nd (within 7yr) = 10 days mandatory/6 month max/$750-$1K/1yr revocation/IID 185 days. 3rd (within 7yr) = Category B FELONY/1-6yr prison/$2K-$5K/3yr revocation. New Hampshire New Hampshire DUI & Traffic Violations: what to handle first around dashcam preservation, BMV notice handling, and timing NH DWI (RSA 265-A:2): "Driving While Intoxicated" (NH terminology for DUI). Scope: BAC ≥0.08% per se OR impairment by drug/controlled substance/intoxicant + BAC ≥0.08% combined with any controlled drug. CDL: 0.04% BAC. Under-21 zero tolerance: 0.02% BAC (RSA 265-A:14; separate offense). 10-year look-back (RSA 265-A:18) for enhancement. 1st offense (regular DWI): Class B MISDEMEANOR; $500-$1,200 fine; 9-month license suspension; mandatory IDARP (Impaired Driver Assistance and Referral Program). AGGRAVATED DWI 1st offense (RSA 265-A:3; BAC ≥0.16% OR driving 30+mph over limit while DWI OR accident with serious bodily injury OR transporting person <16): Class A MISDEMEANOR; mandatory 17.5-day incarceration (7 days jail + 10.5 days residential program) + $750 min fine + 18-mo revocation. 2nd offense within 10yr: Class A MISDEMEANOR; mandatory 5 days to 1yr incarceration + $750 min + 3-yr revocation + mandatory IID. 3rd offense within 10yr: CLASS B FELONY; 180 days to 7yr imprisonment + $750 min + indefinite revocation + IID. New Jersey Starting a dui & traffic violations issue in New Jersey: license-restoration steps, court-date coordination, and before the record drifts DWI is a TRAFFIC OFFENSE in NJ (not criminal): no criminal record; not expungeable; stays on driving record permanently New Mexico New Mexico DUI & Traffic Violations: why field-sobriety wording, license risk, and early leverage matter early NM DWI statute: NMSA § 66-8-102; "DWI" (not DUI); BAC ≥0.08% OR impaired by any drug to degree of unsafe driving (impairment-based drug DWI, not per se THC concentration). 10-YEAR LOOK-BACK. Standard 1st (BAC 0.08-0.15%): misdemeanor; 24hr mandatory min/90 days max/$500-$1K/1yr license revocation/ALL-OFFENDER IID 1yr minimum (NM = FIRST STATE nationally to require IID for all DWI offenders including 1st offense, enacted 2005). Aggravated 1st (BAC ≥0.16% OR refusal): 48hr mandatory min/enhanced fine/IID 2yr. 2nd (10yr): 96hr min/2yr revocation/IID 2yr. 3rd (10yr): 30-day min/3yr revocation/IID 3yr. 4th+ (10yr) = 4th degree FELONY (up to 18mo state prison; civil rights loss). New York DUI & Traffic Violations in New York: where the first pressure builds, the timing points that turn a routine issue expensive, and what usually shifts earliest DWAI (0.05–0.07%) is a traffic infraction — not criminal; DWI (0.08%+) is a misdemeanor; key distinction for criminal record impact North Carolina DUI & Traffic Violations in North Carolina: why without oversimplifying the official framework, hearing timing, and the records that usually matter before the file settles shape the opening strategy NC calls it DWI (not DUI); 6-level sentencing based on grossly aggravating/aggravating/mitigating factors — not simple offense count North Dakota A more practical North Dakota DUI & Traffic Violations guide: hearing timing, the early sequence that protects options, and clearer timing North Dakota is ground zero for DUI constitutional law: Birchfield v. North Dakota (2016) held warrantless blood draws unconstitutional but upheld warrantless breath testing; NDCC sec. 39-08-01 establishes .08 BAC threshold and Class B misdemeanor first-offense penalties (91-day suspension, up to 30 days jail) Ohio DUI & Traffic Violations for Ohio readers: license risk, early leverage, and practical next moves OVI (ORC § 4511.19): standard (0.08–0.169%) vs. high test (0.17%+); high test requires 6 days minimum jail + yellow plates Oklahoma Starting a dui & traffic violations issue in Oklahoma: license-restoration steps, court-date coordination, and before the file hardens Oklahoma DUI (tit. 47 § 11-902): TWO prongs — (1) per se BAC ≥0.08% (no proof of impairment required); (2) actual impairment even below 0.08% (officer observations + FSTs + witness testimony); DWI (§ 761) = lesser offense for BAC 0.05-0.079%; CDL holders = 0.04% in CMV; under-21 = 0.02% zero tolerance (tit. 47 § 6-107.4); DUID = no per se drug limit → DRE testimony + actual impairment proof; Intoxilyzer 8000 = Oklahoma breath test instrument Oregon Sorting out dui & traffic violations in Oregon: refusal-warning record, response timing, and what deserves review first Oregon DUII (ORS 813.010): called "DUII" (Driving Under Influence of INTOXICANTS); per se BAC 0.08% (adult); 0.04% CDL in CMV; zero tolerance under-21 (ORS 813.300, any detectable alcohol); NO per se THC limit for cannabis — must prove actual impairment via DRE + FSTs + driving behavior; Intoxilyzer 8000 (CMI Inc.) = Oregon breath testing instrument; implied consent (ORS 813.100): breath/blood/urine; refusal = 1yr DMV suspension (first), 3yr (second within 5yr) Pennsylvania DUI & Traffic Violations in Pennsylvania: why without burying practical answers under doctrine, body-cam timing, and the filing discipline that keeps leverage intact shape the opening strategy Three-tier system: General Impairment (0.08–0.099%), High BAC (0.10–0.159%), Highest BAC (0.16%+ or refusal) Rhode Island Rhode Island DUI & Traffic Violations: the practical pressure around BMV notice handling, license risk, and early sequence Rhode Island DUI statute: R.I. Gen. Laws sec. 31-27-2; BAC thresholds = 0.08%+ (standard adults) + 0.04%+ when operating commercial motor vehicle (CDL holders) + 0.02%+ (under-21; zero-tolerance; 0.02-0.079% = per se violation; 0.08%+ triggers full adult DUI penalties for underage). First offense DUI (BAC 0.08%-0.149%): NO mandatory jail; up to 1 year (typically suspended for 1st offense) + $100-$300 fine + court costs + mandatory alcohol/substance abuse assessment + 30-180 day license suspension + possible community service. First offense BAC 0.15%+: enhanced = $100-$400 + up to 1-year additional suspension + MANDATORY IID upon reinstatement. Second offense (within 5 years): MANDATORY MINIMUM 10 DAYS imprisonment (consecutive; not suspended) + $400-$1,000 fine + up to 2-year license suspension + mandatory alcohol assessment + mandatory IID upon reinstatement for 2 years + 60-100 hours community service. Third offense (within 5 years): FELONY DUI; up to 3 years + mandatory minimum 6 months (not suspended) + $400-$5,000 fine + up to 3-year license revocation + IID mandatory 4 years upon reinstatement. DUI with serious bodily injury (R.I. Gen. Laws sec. 31-27-2.6): felony; up to 7 years + $5,000 fine + up to 5-year suspension. DUI resulting in death (R.I. Gen. Laws sec. 31-27-2.2): felony; up to 15 years + $5,000-$10,000 + up to 5-year revocation. South Carolina South Carolina DUI & Traffic Violations strategy: license-restoration steps, court-date coordination, and what deserves review before response DUI § 56-5-2930 (.08%); DUAC § 56-5-2933 (BAC .08%+ regardless of observed impairment — parallel charge); first offense: 48hrs jail OR community service + $400 fine + 6-month suspension + mandatory ADSAP; Emma's Law IID for BAC .15%+ first offense or any second offense South Dakota Understanding DUI & Traffic Violations in South Dakota: citation strategy, early leverage, and next steps South Dakota DUI statute: SDCL sec. 32-23-1; prohibits operating motor vehicle = under influence of alcohol + BAC 0.08%+ + under influence of any controlled substance (including meth + prescription meds misused) + combined alcohol + controlled substance influence. SD MARIJUANA DUI: recreational marijuana ILLEGAL in SD (voters rejected 2022; 2020 initiative ruled unconstitutional); driving with detectable marijuana = DUID (Driving Under Influence of Controlled Substance) under SDCL sec. 32-23-1; no separate marijuana per se limit (focus on impairment). First offense DUI (class 1 misdemeanor; SDCL sec. 32-23-2): up to 1 year imprisonment (typically shorter sentence + weekends/work release or SIS with probation for 1st offense) + $1,000 minimum fine + 30-day license revocation followed by 60-day restricted driving privilege (work + school + treatment only) + mandatory DUI assessment + substance abuse treatment. Second offense DUI (within 10 years; class 1 misdemeanor): MANDATORY MINIMUM 10 DAYS imprisonment (cannot be suspended) + $1,000 minimum fine + 1-year license revocation + mandatory substance abuse treatment. Third offense DUI (within 10 years; class 6 FELONY; SDCL sec. 32-23-4.6): MANDATORY MINIMUM 30 DAYS imprisonment + max 2 years + $2,000 minimum fine + 1-year license revocation + mandatory substance abuse treatment. Sturgis Rally DUI enforcement (Meade County; Sturgis; first full week August): Meade County Sheriff + Sturgis Police + SD Highway Patrol + neighboring county law enforcement + SD DCI; hundreds of DUI arrests during 10-day event; "Buffalo Chip" campground corridor = active enforcement; out-of-state riders unfamiliar with Black Hills roads + alcohol = significant motorcycle fatalities. Tennessee DUI & Traffic Violations in Tennessee: response timing, booking timeline, and the first decisions that actually matter First DUI: 48-hour mandatory jail minimum (7 days if BAC ≥.20%); 1-year revocation; IID required if BAC ≥.15% or child in vehicle (T.C.A. § 55-10-403) Texas Texas DUI & Traffic Violations: what to handle first around body-cam timing, booking timeline, and timing Texas calls it DWI, not DUI — intoxicated means 0.08%+ BAC OR loss of normal use of mental/physical faculties (two independent theories) Utah Utah DUI & Traffic Violations: what to handle first around suspension pressure, citation strategy, and timing UTAH ONLY STATE WITH 0.05% PER SE LIMIT: § 41-6a-502(1)(a) effective Dec 30, 2018 (SB 263, signed 2017 Gov. Herbert); all other states = 0.08%; CDL holders in commercial vehicle = 0.04% (federal FMCSA); under-21 = 0.02% "not-a-drop" policy (§ 41-6a-530); impairment prong ALSO applies (§ 41-6a-502(1)(b)): operating while "incapable of safely operating" even below 0.05%; NTSB long recommended 0.05% national standard; ABI legal challenge to UT 0.05% = unsuccessful; practical: 1-2 drinks ≈ 0.02-0.06% BAC for average adult → near UT limit Vermont Vermont DUI & Traffic Violations: what to handle first around dashcam preservation, BMV notice handling, and timing Vermont DUI (23 V.S.A. sec. 1201): .08 BAC threshold; first offense is misdemeanor (90-day civil suspension; $750-$2,500 fine); third offense within 10 years is felony; ignition interlock required for reinstatement after first conviction (23 V.S.A. sec. 1213) Virginia Sorting out dui & traffic violations in Virginia: license-restoration steps, decision sequencing, and what deserves review first DUI is a Class 1 misdemeanor from first offense — permanent criminal record, unlike New Jersey's traffic offense system Washington Washington DUI & Traffic Violations: why license risk, suspension pressure, and response timing matter early 20-day DOL hearing deadline: must request within 20 days of arrest or license suspension right is waived — critical administrative deadline West Virginia A clearer West Virginia DUI & Traffic Violations page: license-restoration steps, court-date coordination, and before the file hardens WV DUI (§ 17C-5-2): BAC thresholds: adults 0.08%; CDL 0.04%; under-21 zero tolerance 0.02%. 10-year LOOK-BACK for enhancement. 1st offense: 24hr-6mo incarceration (OR probation up to 6mo for first/no-aggravators) + $100-$500 fine + DUI safety program + 6-mo license revocation; aggravated DUI (BAC ≥0.15%) = 48hr minimum. 2nd offense (within 10yr): 6mo-1yr incarceration (NO probation option; mandatory minimum 6mo) + $1,000-$3,000 + mandatory IID + 10-yr revocation. 3rd offense FELONY (§ 17C-5-2(l); within 10yr): 2-5yr state penitentiary + $3,000-$5,000 + mandatory IID + permanent revocation (petition possible after 10yr). DUI causing death (§ 17C-5-2(h)): 2-10yr + $1,000-$3,000 (no intent to kill required; proximate cause = DUI + accident + death). Wisconsin DUI & Traffic Violations for Wisconsin readers: BMV notice handling, record discipline, and practical next moves FIRST OWI IS CIVIL NOT CRIMINAL (§ 346.63): Wisconsin is the ONLY US state where first OWI is a civil traffic offense (no criminal record, no jail); second offense = criminal misdemeanor; lifetime look-back for all enhancements Wyoming DUI & Traffic Violations in Wyoming: how booking timeline and response timing shape the early file Wyoming DUI (§ 31-5-233): BAC 0.08% (0.04% CDL; 0.02% under 21); first offense misdemeanor (6 months / $750 / 90-day suspension / ASAP); third offense felony; DUI causing death = aggravated vehicular homicide (§ 6-2-106(b)) up to 20 years in Wyoming State Penitentiary (Rawlins)

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