Every state has DUI laws on the books. However, these laws vary in basis of the charge and severity of punishment. So which states sport the strongest and the weakest DUI barriers? The organization Mothers Against Drunk Driving (MADD) set out to quantify which states have the best and worst DUI regulations in their report “5th Anniversary Report to the Nation: Campaign to Eliminate Drunk Driving.” Using a four-star rating system based on factors such as the use of ignition interlock devices, sobriety checkpoints, enhanced penalties for DUI child endangerment, the use of no-refusal events and administrative license revocation, MADD determined the following five states were the most lax in regulating DUI offenses (in no particular order):
Pennsylvania (1 star) – Pennsylvania earned its one star for allowing sobriety checkpoints. However, in 2009 Pennsylvania saw over 400 DUI-related deaths that could have been preventable. MADD attributes instances of DUI accidents in Pennsylvania to weak DUI legislation.
Rhode Island (1 star) – Rhode Island received one star for having enhanced penalties for DUI involving child endangerment. Sobriety checkpoints are illegal under current Rhode Island law, and no-refusal activities are infrequently mobilized. Rhode Island also lacks an ALR law, mandatory ignition interlock devices for convicted offenders and immediate license revocation options.
Michigan (1 star) – Michigan’s one star was related to enhanced penalties for DUI involving child endangerment. According to MADD, most DUI arrests in Michigan do not result in DUI charges, but in charges for lesser offenses. Michigan also forbids law enforcement from conducting sobriety checkpoints.
South Dakota (1 star) – South Dakota received its one star for law enforcement’s use of sobriety checkpoints. Although South Dakota recently passed legislation allowing for the use of ignition interlock devices, their use is restricted to repeat offenders. The state also lacks legislation enforcing stricter penalties for DUI related child endangerment, and according to MADD should tighten up general DUI legislation.
Montana (1 star) – Montana’s one star was attributable to enhanced penalties for DUI involving child endangerment. Montana has made small strides in toughening penalties for repeat offenders. However, law enforcement officials are not able to perform sobriety checkpoints or no-refusal activities.
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