DUI/DWI
LAWS last updated July 2004
All
fifty states along with the District of Columbia have laws defining it
as a crime to drive with a blood alcohol concentration (BAC) at or above
a proscribed level, 0.08 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. 41 states and the District of Columbia have administrative
license suspension laws.
45
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
thirty states, multiple offenders may forfeit vehicles that are driven while
impaired by alcohol.
Forty-three
states and Washington D.C. have laws prohibiting the driver, passengers
or both from possessing an open container of alcohol in the passenger
compartment of a vehicle.
| State |
BAC
Defined as illegal per se |
Administrative
license suspension 1st offense?1 |
Restore
driving privileges during suspension?1,2 |
Do
penalties include interlock/forfeiture?3 |
Open
container laws |
| Alabama |
0.08 |
90
days |
no
|
no/no |
driver/passenger |
| Alaska |
0.08 |
90
days |
after
30 days |
yes/yes |
driver |
| Arizona |
0.08 |
90
days |
after
30 days |
yes/yes |
driver/passenger |
| Arkansas |
0.08 |
120
days |
yes |
yes/yes |
-- |
| California |
0.08 |
4
months |
after
30 days |
yes/yes |
driver/passenger |
| Colorado |
0.08 |
3
months |
yes |
yes/no |
-- |
| Connecticut |
0.08 |
90
days |
yes |
no/no |
-- |
| Delaware |
0.08 |
3
months |
no
|
yes/no |
-- |
| District
of Columbia |
0.08 |
2-90
days |
yes |
yes/no |
driver/passenger |
| Florida |
0.08 |
6
months |
after
30 days |
yes/yes |
driver/passenger |
| State |
BAC
Defined as illegal per se |
Administrative
license suspension 1st offense?1 |
Restore
driving privileges during suspension?1,2 |
Do
penalties include interlock/forfeiture?3 |
Open
container laws |
| Georgia |
0.08 |
1
year |
yes |
yes/yes |
driver/passenger |
| Hawaii |
0.08 |
3
months |
after
30 days |
yes/no |
driver/passenger |
| Idaho |
0.08 |
90
days |
after
30 days |
yes/no |
driver/passenger |
| Illinois |
0.08 |
3
months |
after
30 days |
yes/yes |
driver/passenger |
| Indiana |
0.08 |
180
days |
after
30 days |
yes/no |
driver4 |
| Iowa |
0.08 |
180
days |
after
90 days |
yes/no |
driver/passenger |
| Kansas |
0.08 |
30
days |
no |
yes/no |
driver |
| Kentucky |
0.08 |
-- |
-- |
yes/yes
|
driver/passenger |
| Louisiana |
0.08 |
90
days |
after
30 days |
yes/yes |
driver/passenger |
| Maine |
0.08 |
90
days |
yes |
yes/yes |
driver/passenger |
| State |
BAC
Defined as illegal per se |
Administrative
license suspension 1st offense?1 |
Restore
driving privileges during suspension?1,2 |
Do
penalties include interlock/forfeiture?3 |
Open
container laws |
| Maryland |
0.08 |
45
days |
yes |
yes/no |
driver/passenger |
| Massachusetts |
0.08 |
90
days |
no |
no/no |
driver/passenger |
| Michigan |
0.085 |
-- |
-- |
yes/yes |
driver/passenger |
| Minnesota |
0.08
(eff. 08/01/05) |
90
days |
after
15 days |
yes/yes |
driver/passenger |
| Mississippi |
0.08 |
90
days |
no |
yes/yes |
-- |
| Missouri |
0.08 |
30
days |
no |
yes/yes |
-- |
| Montana |
0.08 |
-- |
-- |
yes/yes |
driver/passenger |
| Nebraska |
0.08 |
90
days |
after
30 days |
yes/no |
driver/passenger |
| Nevada |
0.08 |
90
days |
after
45 days |
yes/no |
driver/passenger |
| New
Hampshire |
0.08 |
6
months |
no |
yes/no |
driver/passenger |
| State |
BAC
Defined as illegal per se |
Administrative
license suspension 1st offense?1 |
Restore
driving privileges during suspension?1,2 |
Do
penalties include interlock/forfeiture?3 |
Open
container laws |
| New
Jersey |
0.08 |
-- |
-- |
yes/no |
driver/passenger |
| New
Mexico |
0.08 |
90
days |
after
30 days |
yes/no |
driver/passenger |
| New
York |
0.08 |
variable6 |
yes |
yes/yes |
driver/passenger |
| North
Carolina |
0.08 |
30
days |
after
10 days |
yes/yes |
driver/passenger |
| North
Dakota |
0.08 |
91
days |
after
30 days |
yes/yes |
driver/passenger |
| Ohio |
0.08 |
90
days |
after
15 days |
yes/yes |
driver/passenger |
| Oklahoma |
0.08 |
180
days |
yes |
yes/yes |
driver |
| Oregon |
0.08 |
90
days |
after
30 days |
yes/yes |
driver/passenger |
| Pennsylvania |
0.08 |
-- |
-- |
yes/yes |
driver/passenger |
| Rhode
Island |
0.08 |
-- |
-- |
yes/yes |
driver |
| State |
BAC
Defined as illegal per se |
Administrative
license suspension 1st offense?1 |
Restore
driving privileges during suspension?1,2 |
Do
penalties include interlock/forfeiture?3 |
Open
container laws |
| South
Carolina |
0.08 |
-- |
-- |
yes/yes |
driver/passenger |
| South
Dakota |
0.08 |
-- |
-- |
no/no |
driver/passenger |
| Tennessee |
0.08 |
-- |
-- |
yes/yes |
driver7 |
| Texas |
0.08 |
90
days |
yes |
yes/yes |
driver/passenger |
| Utah |
0.08 |
90
days |
no |
yes/no |
driver/passenger |
| Vermont |
0.08 |
90
days |
no |
no/yes |
driver/passenger |
| Virginia |
0.08 |
7
days |
no |
yes/yes |
|
| Washington |
0.08 |
90
days |
after
30 days |
yes/yes |
driver/passenger |
| West
Virginia |
0.08 |
6
months |
after
30 days |
yes/no |
-- |
| Wisconsin |
0.08 |
6
months |
yes |
yes/yes |
driver/passenger |
| Wyoming |
0.08 |
90
days |
yes |
no/no |
driver |
1Information pertains to drivers in
violation of the BAC defined as illegal per se for all drivers, not
the special BAC for young drivers.
2Drivers
usually must demonstrate special hardship to justify restoring privileges
during suspension, and then privileges often are restricted.
3A
multiple offender's vehicle may be seized and disposed.
4In
Indiana, the open container restriction only applies if the driver has
a BAC of 0.04.
5The
0.08 per se BAC law in Michgan contains a sunset clause which states
that the legal BAC will revert to 0.10 on October 1, 2013.
6In
New York, administrative license suspension lasts until prosecution
is complete.
7In
Tennessee, the open container law does not prohibit any municipality,
by ordinance, or any county, by resolution, from prohibiting passengers
from possessing an open container.
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