We all know that drinking and driving is not a good practice. First of all, it is very dangerous, and it is important to know the toughest and easiest DUI laws by state. Thousands of people die each year getting killed by alcohol intoxicated drivers, and there are even more badly wounded. Secondly, driving while intoxicated is illegal in all 50 States. This means that, even if you’re lucky to escape from driving while intoxicated incident without hurting yourself or others, it is likely to be accused of a crime. DUI Laws differ by State, so each State treats alcohol intoxicated drivers differently, some are toughest and some are easiest DUI laws by state. Sometimes it is called driving under the influence (DUI), driving while intoxicated (DWI), or under the influence (OUI). The links listed below are some general guidelines of DUI and other related crimes, as well as links to the DUI laws in each State.
November 2015
All states define driving with a blood alcohol concentration (BAC) at or above 0.08 percent as a crime, but the laws and penalties vary considerably from one state to another. 42 States, the District of Columbia, the Northern Mariana Islands and the Virgin Islands have administrative license suspension (ALS) on the first offense. ALS allows law enforcement to seize the driving license for a period of time if not a chemical test. Most of these states permit a limited driving privileges (such as work).
All states have some type of ignition interlock, in which judges require all or some convicted drunk drivers to install interlocks in their cars to analyze your breathing and turn off the engine if alcohol is detected. 20 States * (and the 4 counties of the State of California) have made contact the mandatory locks or strong incentive for all convicted drunk drivers, even criminals.
Federal law establishes that States adopt open container and repeat offender laws meeting specific requirements. Otherwise, a part of the State’s financing surface transportation is transferred to the State DOT or State Highway Safety Office. Alcohol exclusion laws allow insurance companies to deny payment for treatment of drunk drivers’ injuries, but they have limited doctors’ abilities to diagnose alcohol problems and recommend treatment. Some States have repealed such laws.
[alert-note]NOTE: Find Laws does not compile any additional data on drunk driving laws other than what is presented here. For more information, consult the appropriate State Highway Safety Office. All toughest and easiest DUI Laws by State can be found here below.[/alert-note]
State |
Inc. Penalty for High BAC |
Admin. License Susp. on 1st Offense |
Limited Driving Privileges During Susp. |
Ignition Interlocks |
Vehicle and License Plate Sanctions |
Open Container Laws* |
Repeat Offender Laws* |
Alcohol Exclusion Laws Limiting Treatment |
*Meeting Federal Requirements |
||||||||
Ala. |
.15 |
90 days |
Mandatory for repeat convictions |
Yes |
Yes |
Yes |
||
Alaska |
.15(at judges’ disc.) |
90 days |
After 30 days |
Mandatory for all convictions |
Vehicle impoundment |
Yes |
||
Ariz. |
.15 |
90 days |
After 30 days |
Mandatory for all convictions |
Immobilization or impoundment |
Yes |
Yes |
|
Ark. |
.15 |
6 months |
Yes |
Mandatory for all convictions |
Vehicle confiscation |
Yes |
Yes |
|
Calif. |
.15 |
4 months |
After 30 days |
DiscretionaryMandatory for all convictions in Alameda, Los Angeles, Tulare and Sacramento counties (pilot project) |
Impoundment, vehicle confiscation |
Yes |
Yes |
|
Colo. |
.17 |
3 months |
Yes |
Highly incentivized for all convictions |
Yes |
Yes |
||
Conn. |
.16 |
90 days |
Yes |
Mandatory for all convictions |
Yes |
|||
Del. |
.16 |
3 months |
Mandatory for all convictions(eff. 2/2015) |
Vehicle sanction and license plate impoundment |
Yes |
Yes |
||
D.C. |
.20 and .25 |
2-90 days or until disposition |
Yes |
Discretionary |
Yes |
Yes |
||
Fla. |
.20 |
6 months for DUI |
After 30 days |
Mandatory for high BAC (>.15) convictions |
Impoundment, vehicle forfeiture |
Yes |
Yes |
Yes |
12 months for refusal |
After 90 days |
|||||||
Ga. |
.15 |
1 year |
Yes |
Mandatory for repeat convictions |
Vehicle confiscation |
Yes |
Yes |
Yes |
Guam |
From .08 to .10 |
Discretionary |
Yes |
Yes |
||||
Hawaii |
.15 |
3 months |
After 30 days |
Mandatory for all convictions |
Yes |
Yes |
Yes |
|
Idaho |
.20 |
90 days |
After 30 days |
Discretionary |
Yes |
Yes |
Yes |
|
Ill. |
.16 |
6 months |
After 30 days |
Mandatory for all convictions |
Impoundment, vehicle confiscation |
Yes |
Yes |
|
Ind. |
.15 |
180 days |
After 30 days |
Discretionary |
Vehicle confiscation |
Yes |
Yes |
|
Iowa |
.15 |
180 days |
After 30 days |
Discretionary |
Yes |
Yes |
||
Kan. |
.15 |
30 days |
Mandatory for all convictions |
Yes |
Yes |
Yes |
||
Ky. |
.18 |
30 – 120 days |
Yes |
Mandatory for high BAC (>.15) and repeat convictions(eff. 6/24/15) |
Impoundment |
Yes |
Yes |
Yes |
La. 1 |
.15 and .20 |
See footnote |
Mandatory for all convictions |
Vehicle confiscation |
Yes |
|||
Maine |
.15 |
90 days |
Yes |
Highly incentivized for all convictions |
Vehicle confiscation |
Yes |
Yes |
|
Md. |
.15 |
45 days |
Yes, under certain circum-stances |
Mandatory for high BAC (>.15) convictions |
Yes |
Yes |
||
Mass. |
.20 (applies to ages 17-21) |
90 days |
Yes |
Mandatory for repeat convictions |
Vehicle confiscation |
Yes |
Yes |
Yes |
Mich.2 |
.17 |
See footnote |
After 45 days |
Mandatory for high BAC convictions, restricted driving conditions |
Vehicle confiscation |
Yes |
Yes |
Yes |
Minn. |
.20 |
90 days |
After 15 days |
Mandatory for high BAC and repeat convictions |
Impoundment, vehicle confiscation, special plates/markings |
Yes |
Yes |
|
Miss. |
90 days |
Mandatory for all convictions |
Impoundment, vehicle confiscation |
Yes |
Yes |
|||
Mo. |
.15 |
90 days |
After 0 days w/ interlock use (restricted)After 30 days
|
Mandatory for repeat convictions |
Vehicle forfeiture or impoundment (cities w/ 100,000+ allowed to enact ordinance) |
Yes |
Yes |
|
Mont. |
.16 |
Mandatory for repeat convictions |
Impoundment, vehicle confiscation |
Yes |
Yes |
|||
Neb. |
.15 |
90 days |
After 30 days |
Mandatory for all convictions |
Vehicle immobilization, continuous alcohol monitoring |
Yes |
Yes |
Yes |
Nev. |
.18 |
90 days |
After 45 days |
Discretionary |
Yes |
Yes |
||
N.H. |
.16 |
6 months |
Mandatory for high BAC convictions |
Yes |
Yes |
Yes |
||
N.J. |
.10 |
Mandatory for high BAC (>.15) and repeat convictions |
Yes |
Yes |
Yes |
|||
N.M. |
.16 (w/ mand. jail on all offenses) |
<21: 1 yr.;>21: 6 mo. |
Immediately w/ Ignition Interlock |
Mandatory for all convictions |
Immobilization of vehicle for driving while revoked |
Yes |
Yes |
|
N.Y. |
.18 |
Yes |
Yes |
Mandatory for all convictions |
Yes |
Yes |
Yes |
|
N.C. |
.15 |
30 days |
After 10 days |
Mandatory for high BAC (>.15) and repeat convictions |
Vehicle confiscation |
Yes |
Yes |
|
N.D. |
.18 |
91 days |
After 30 days |
Discretionary |
Vehicle confiscation, license plate removal |
Yes |
Yes |
|
M.P. |
30 days –<6 months |
Yes |
Yes |
|||||
Ohio |
.17 |
90 days |
After 15 days |
Discretionary |
Impoundment, vehicle confiscation or immobilization, restricted plates |
Yes |
Yes |
|
Okla. |
.15 |
180 days |
Yes |
Mandatory for high BAC (>.15), repeat convictions, and refusals |
Yes |
Yes |
Yes |
|
Ore. |
.15 |
90 days |
After 30 days |
Mandatory for all convictions and diversions |
Yes |
Yes |
||
Pa. 3 |
.16 |
See footnote |
Mandatory for repeat convictions |
Yes |
Yes |
Yes |
||
R.I. |
.10 and .15 |
Judicial discretion on 2rd or subsequent conviction |
Judicial discretion on 3rd or subsequent conviction |
Yes |
||||
S.C. |
.15 |
1 month (for >.15 BAC) |
Yes |
Mandatory for repeat convictions and for first-time offenders convicted of having a blood alcohol concentration (BAC) of 0.15% or higher |
Vehicle confiscation |
Yes |
Yes |
Yes |
S.D. 4 |
.17 |
See footnote |
Yes |
Discretionary |
Yes |
|||
Tenn. |
.20 |
Mandatory for all convictions |
Vehicle confiscation |
Yes |
Yes |
|||
Texas |
.15 |
90 days if .08 or greater; 180 days for refusal |
Yes |
Mandatory for repeat convictions |
Vehicle confiscation |
Yes |
Yes |
Yes |
Utah |
.16 |
120 days |
Mandatory for all convictions |
Impoundment |
Yes |
Yes |
Yes |
|
Vt. |
90 days |
Discretionary |
Impoundment, vehicle confiscation |
Yes |
Yes |
|||
V.I. |
Variable |
Yes |
Revoke license plate |
Yes |
Yes |
|||
Va. |
.15 and .20 |
7 days |
Mandatory for all convictions |
Vehicle confiscation |
Yes |
Yes |
||
Wash. |
.15 |
90 days |
With an ignition interlock driver’s license |
Mandatory for all convictions |
Mandatory tow and 12 hour impound |
Yes |
||
W.Va. |
.15 |
6 months |
After 30 days |
Mandatory for high BAC (>.15) and repeat convictions |
Yes |
Yes |
Yes |
|
Wis. |
.17, .20 and .25 |
6 months |
Yes |
Mandatory for high BAC (>.15) and repeat convictions |
Yes |
Yes |
Yes |
|
Wy. |
.15 |
90 days |
Yes |
Mandatory for high BAC (>.15) and repeat convictions |
Yes |
|||
Total States |
48 + D.C., 1 Terr. |
42 + D.C., 2 Terr. |
36 + D.C., 1 Terr. |
Mandatory ForAll (20)High BAC (4)Repeat (8)High BAC & Repeat (8)Disc.:10 + D.C. |
Varies |
31 + 3 Terr. |
26 + D.C., 3 Terr. |
37 |
1 Louisiana requires a 45 day hard suspension of driving privileges for a second DWI conviction.
2 Michigan has administrative license suspension for for refusal to submit to chemical test.
3 Pennsylvania uses a program called Occupational Limited Licenses (OLL).
4 South Dakota has administrative license suspension for 30 days for refusal to submit to chemical test.
See also:
Toughest and easiest DUI Laws by State list.
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