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BreathScan .02% (1 test)

0.02%BreathScan is the ONLY disposable breath alcohol detector that is FDA 510(k) approved which shows that it is superior to and easier-to-use than any other disposable alcohol tester. Note: one set of instructions are shipped per order.

$3.11/test
Min 6 tests

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DUI/DWI LAWS
as of April 2001

Forty-nine states (all except Massachusetts) and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a prescribed level, usually 0.10 percent.

License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Forty-one states and the District of Columbia have administrative license suspension laws.

Forty-three states permit some offenders to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver's breath and disable the ignition if the driver has been drinking.

In 29 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.

State BAC Defined as illegal per se1 Administrative license suspension 1st offense?2 Restore driving privileges during suspension?2,3 Do penalties include interlock/forfeiture?4
Alabama 0.08 90 days no no/no
Alaska 0.10 90 days after 30 days yes/yes
Arizona 0.10 90 days after 30 days yes/yes
Arkansas 0.08 120 days yes yes/yes
California 0.08 4 months after 30 days yes/yes
Colorado 0.10 3 months yes yes/no
Connecticut 0.10 90 days yes no/no
Delaware 0.10 3 months no yes/no
District of Columbia 0.08 2-90 days yes no/no
Florida 0.08 6 months yes yes/yes


State BAC Defined as illegal per se1 Administrative license suspension 1st offense?2 Restore driving privileges during suspension?2,3 Do penalties include interlock/forfeiture?4
Georgia 0.105 1 year yes yes/yes
Hawaii 0.08 3 months after 30 days yes/no
Idaho 0.08 90 days after 30 days yes/no
Illinois 0.08 3 months after 30 days yes/yes
Indiana 0.10 180 days after 30 days

yes/no

Iowa 0.10 180 days yes yes/no
Kansas 0.08 30 days no yes/no
Kentucky 0.08 -- -- yes/yes
Louisiana 0.10 90 days after 30 days yes/yes
Maine 0.08 90 days yes yes/yes


State BAC Defined as illegal per se1 Administrative license suspension 1st offense?2 Restore driving privileges during suspension?2,3 Do penalties include interlock/forfeiture?4
Maryland 0.08 (eff. 9/30/01) 45 days yes yes/no
Massachusetts none1 90 days no no/no
Michigan 0.10 -- -- yes/yes
Minnesota 0.10 90 days after 15 days no/yes
Mississippi 0.10 90 days no yes/yes
Missouri 0.10 30 days no yes/yes
Montana 0.10 -- -- yes/yes
Nebraska 0.08 90 days after 30 days yes/no
Nevada 0.10 90 days after 45 days yes/no
New Hampshire 0.08 6 months no yes/no


State BAC Defined as illegal per se1 Administrative license suspension 1st offense?2 Restore driving privileges during suspension?2,3 Do penalties include interlock/forfeiture?4
New Jersey 0.10 -- -- yes/no
New Mexico 0.08 90 days after 30 days yes/no
New York 0.10 variable6 yes yes/yes
North Carolina 0.08 30 days after 10 days yes/yes
North Dakota 0.10 91 days after 30 days yes/yes
Ohio 0.10 90 days after 15 days yes/yes
Oklahoma 0.10 180 days yes yes/yes
Oregon 0.08 90 days after 30 days yes/yes
Pennsylvania 0.10 -- -- yes/yes
Rhode Island 0.08 -- -- yes/yes


State BAC Defined as illegal per se1 Administrative license suspension 1st offense?2 Restore driving privileges during suspension?2,3 Do penalties include interlock/forfeiture?4
South Carolina 0.10 -- -- yes/yes
South Dakota 0.10 -- -- no/no
Tennessee 0.10 -- -- yes/yes
Texas 0.08 60 days yes yes/yes
Utah 0.08 90 days no yes/no
Vermont 0.08 90 days no no/yes
Virginia 0.08 7 days no yes/no
Washington 0.08 90 days after 30 days yes/yes
West Virginia 0.10 6 months after 30 days yes/no
Wisconsin 0.10 6 months yes yes/yes
Wyoming 0.10 90 days yes no/no

1The law in Massachusetts is not a per se law. A BAC of 0.08 percent in Massachusetts is evidence of alcohol impairment but isn't illegal per se.

2Information pertains to drivers in violation of the BAC defined as illegal per se for all drivers, not the special BAC for young drivers.

3Drivers usually must demonstrate special hardship to justify restoring privileges during suspension, and then privileges often are restricted.

4A multiple offender's vehicle may be seized and disposed.

5Under Georgia law, a prosecutor only has to prove a person was driving with a BAC of 0.10 or greater to get a conviction. At BACs of 0.08 or greater but less than 0.10, there is a presumption the defendant was driving under the influence of alcohol, but that presumption can be rebutted by the defendant.

6In New York, administrative license suspension lasts until prosecution is complete.


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