DUI Laws by State
Individual state drinking and driving laws vary widely and are continually changing.
Laws provide many tools to combat drunk driving. Administrative License Suspension laws allow licenses to be seized during an arrest. States use .08 Blood Alcohol Concentration (BAC) to determine drunk driving, and many have increased penalties for drivers with higher BAC levels. A federal program offers incentives to states that adopt open container and repeat offender laws. Laws for juveniles vary considerably and are much less tolerant.
Drunken driving penalties can affect a driver's vehicle or license plates. Vehicles may be impounded or sold, or specially marked license plates or installation of ignition interlock devices may be required. Alcohol Exclusion Laws allow insurance companies to deny payment for treatment of drunk drivers' injuries.
| State | Admin. License Suspension on First Offense | Limited Driving Privileges During Suspension | Increased Penalties for High Blood Alcohol Concentration (BAC) | Open Container Laws | Repeat Offender Laws | Vehicle & License Plate Sanctions | Ignition Interlocks |
| Alabama | 90 days | Yes | Yes | ||||
| Alaska | 90 days | After 30 days | .15 (implemented at judges' discretion) |
Yes (does not meet federal requirements) |
Yes (does not meet federal requirements) |
Vehicle confiscation | Mandatory for all convictions |
| Arizona | 90 days | After 30 days | .15 | Yes | Yes | Immobilization or impoundment | Mandatory for all convictions |
| Arkansas | 120 days | Yes | .15 | Yes | Vehicle confiscation | Mandatory for all convictions | |
| California | 4 months | After 30 days | .15 | Yes | Impoundment, vehicle confiscation | Discretionary | |
| Colorado | 3 months | Yes | .17 | Yes | Yes | Highly incentivized for all conviction | |
| Connecticut | 90 days | Yes | .16 | Yes | Discretionary | ||
| Delaware | 3 months | .16 (.20) | Yes | Vehicle sanction & license plate impoundment | Discretionary | ||
| D.C. | 2-90 days or until disposition | Yes | Yes | Yes | Yes | Discretionary | |
| Florida | 6 months for DUBAL 12 months for refusal |
After 30 days After 90 days |
.20 | Yes | Yes | Impoundment, vehicle forfeiture | Mandatory for high BAC conviction |
| Georgia | 1 year | Yes | .15 | Yes | Yes | Vehicle confiscation | Discretionary |
| Guam | From .08 to .10 | Yes | Yes | ||||
| Hawaii | 3 months | After 30 days | .15 | Yes | Yes | Mandatory for all convictions (expected to be eff. 2011) | |
| Idaho | 90 days | After 30 days | .20 | Yes | Yes | Discretionary | |
| Illinois | 3 months | After 30 days | .16 | Yes | Yes | Impoundment, vehicle confiscation | Mandatory for all convictions |
| Indiana | 180 days | After 30 days | .15 | Yes | Yes | Vehicle confiscation | Discretionary |
| Iowa | 180 days | After 30 days | .15 | Yes | Yes | Discretionary | |
| Kansas | 30 days | .15 | Yes | Yes | Mandatory for high BAC conviction | ||
| Kentucky | Yes | Yes - Hardship License | .18 | Yes | Yes | Impoundment | Discretionary |
| Louisiana | 90 days | After 30 days | .15 | Yes (does not meet federal requirements) |
Vehicle confiscation | Mandatory for all convictions | |
| Maine | 90 days | Yes | .15 | Yes | Yes | Vehicle confiscation | Discretionary |
| Maryland | 45 days | Yes | Yes | Yes | Discretionary | ||
| Massachusetts | 90 days | Yes | .20 (applies to ages 17-21) | Yes | Yes | Vehicle confiscation | Two offenses or higher |
| Michigan | After 30 days | Yes | Yes | Vehicle confiscation | Discretionary | ||
| Minnesota | 90 days | After 15 days | .20 | Yes | Impoundment, vehicle confiscation, special plates/ markings | Discretionary | |
| Mississippi | 90 days | Yes | Impoundment, vehicle confiscation | Discretionary | |||
| Missouri | 90 days | After 30 days | Yes | Vehicle forfeiture or impoundment (cities w/ 100,00+ allowed to enact civil ordinance) | Mandatory for repeat conviction | ||
| Montana | Yes | Yes | Impoundment, vehicle confiscation | Discretionary | |||
| Nebraska | 90 days | After 30 days | .15 | Yes | Yes | Vehicle immobilization, continuous alcohol monitoring | Mandatory for all convictions |
| Nevada | 90 days | After 45 days | .18 | Yes | Yes | Discretionary | |
| New Hampshire | 6 months | .16 | Yes | Yes | Mandatory for high BAC conviction | ||
| New Jersey | Yes | Yes | Yes | Discretionary | |||
| New Mexico | <21: 1 yr; ≥21: 6 mo. |
After 30 days | .16 (w/ mandatory jail on all offenses) | Yes | Immobilization of vehicle for driving while revoked | Mandatory for all convictions | |
| New York | Variable | Yes | .18 | Yes | Yes | Vehicle confiscation | Discretionary |
| North Carolina | 30 days | After 10 days | .15 | Yes | Yes | Vehicle confiscation | Discretionary |
| North Dakota | 91 days | After 30 days | .18 | Yes | Yes | Vehicle confiscation, license plate removal | Discretionary |
| Northern Mariana Islands | 30 days - < 6 months |
Yes | Yes | ||||
| Ohio | 90 days | After 15 days | .17 | Yes | Yes | Impoundment, vehicle confiscation or immobilization, restricted plates | Discretionary |
| Oklahoma | 180 days | Yes | .15 | Yes | Yes | Discretionary | |
| Oregon | 90 days | After 30 days | Legislative Concept Submitted | Yes | Yes | Impoundment, Vehicle Confiscation | Mandatory upon reinstatement |
| Pennsylvania | .16 (>.16) | Yes | Yes | Discretionary | |||
| Rhode Island | .1 - less than .15 (.15 and higher) |
Yes | Judicial discretion on 3rd or subsequent offense | Judicial discretion on 3rd or subsequent offense | |||
| South Carolina | Yes | Yes | Yes | Yes | Yes | Vehicle confiscation | Mandatory for repeat conviction |
| South Dakota | 30 days | Yes | .17 | Yes | |||
| Tennessee | .20 | Yes | Yes | Vehicle Confiscation | Discretionary | ||
| Texas | 90 days if .08 or greater; 180 days for refusal | Yes | .15 | Yes | Yes | Vehicle confiscation | Mandatory for repeat conviction |
| Utah | 90 days | .16 | Yes | Yes | Impoundment | Mandatory for all convictions | |
| Vermont | 90 days | Yes | Yes | Impoundment, vehicle confiscation | |||
| Virgin Islands | Variable | Yes | Revoke license plate | ||||
| Virginia | 7 days | .15 | Yes | Vehicle Confiscation | Mandatory for high BAC conviction | ||
| Washington | 90 days | After 30 days | .15 | Yes | Yes | Impoundment | Mandatory for all convictions |
| West Virginia | 6 months | After 30 days | .15 | Yes | Mandatory for ≥ .15 BAC conviction | ||
| Wisconsin | 6 months | Yes | .17 (.20)(.26) (Not applicable until the third offense) | Yes | Yes | Impoundment, vehicle seizure/ forfeiture (Not applicable until third offense) |
Discretionary (Not applicable until third offense) |
| Wyoming | 90 days | Yes | Yes | Discretionary | |||
| Totals | 44 States + D.C., Northern Mariana Islands, Virgin Islands | 37 States + D.C., Virgin Islands | 41 States + D.C., Guam | 43 States + D.C., Guam, Northern Mariana Islands | 42 States + D.C., Guam, Northern Mariana Islands | Varies | All convictions: High BAC conviction: 7 states Repeat conviction: 4 States Upon reinstatement: 1 State |