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:
11 States

High BAC conviction: 7 states

Repeat conviction: 4 States

Upon reinstatement: 1 State