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Over the Limit Penalties
A driver with a blood-alcohol concentration (BAC) that is over the legal limit for the state in which the driver was stopped is considered by law to be ‘per se intoxicated.’ A driver could be convicted of DUI based on this evidence alone. This means that the breath test results are very important to the outcome of your situation.
Many states have more severe repercussions – minimum mandatory penalties – for drivers convicted of DUI with a particularly high BAC. In many states this level is .18 percent above the legal limit. The enhanced penalties vary widely from state to state, but could include vehicle impoundment or having an ignition control device attached to the vehicle. Although it varies between states, your personal driver’s license could be immediately suspended for a year if your blood-alcohol content is above the legal limit for your first offense, three years for your second offense, or five years for your third offense.
Almost every state has ‘zero tolerance laws’ aimed at drivers under the legal drinking age for that particular state. This means that an underage driver found with evidence of any alcohol ingestion (which is actually .02 BAC or above) is subject to DUI penalties, even if they have not reached the maximum legal BAC limit.
Loss of your driver’s license for a particularly high BAC is a procedure through the Department of Motor Vehicles (DMV), and is separate from your criminal charges for drunk driving.
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