Dwi Laws Posted on 2010/05/22 |

All states in the U.S. designate a per se blood or breath alcohol level as the threshold point for an independent criminal offense. A second criminal offense of driving "under the influence" or "while impaired" is also usually charged in most states, with a permissive presumption of guilt where the person's blood alcohol concentration (BAC) is .08% or greater (units of milligrams per deciliter, representing 8 g of alcohol in 10 liters of blood).[4] Some states (e.g., Colorado) include a lesser charge, sometimes referred to as driving while ability impaired (this may apply to individuals with a .05% or above, but less than the .08 per se limit for the more serious charge.[4] Wisconsin, however, is the only state that continues to regard first offense drunk driving arrests as a forfeiture.[5]

The amount of alcohol intake to reach 0.08% may vary with the individual's body composition and state of health

Prior to increased emphasis on drinking and driving in the 1980s, standards of .10-.15% were in place. The legal limit for commercial drivers in New York is set at 0.04%.