Drunk Driving Laws

June 2009

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.

Drunk 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. The laws have limited the ability of physicians to diagnose people with alcohol or drug problems and refer them to treatment. States have recognized this and are responding by repealing such laws.

Highlights of current state drunk driving laws include the following:

  • 9 states (Alaska, Arizona, Arkansas, Illinois, Louisiana, Nebraska, New Mexico, Utah and Washington) have made ignition interlocks mandatory for all convicted drunk drivers, even first-time offenders.
  • 43 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands all have some type of Administrative License Revocation on the first offense.
  • 41 states, the District of Columbia and Guam have increased penalties for high BAC.

State

Admin. License
Suspension on
First Offense

Limited Driving Privileges During Suspension

Increased Penalties for High Blood Alc. Concen-
tration (BAC)

Open Container Laws

Repeat Offender Laws

Vehicle and License
Plate
Sanctions

Ignition Inter-
locks

Alcohol Exclusion Laws Limiting Treatment Opportunity

Alabama

90 days

 

 

Yes

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

Yes

Arizona

90 days

After 30 days

.15

Yes

Yes

Immobilization or impoundment

Mandatory for all convictions

Yes

Arkansas

120 days

Yes

.15

  

Yes

Vehicle confiscation

Mandatory for all convictions

Yes

California

4 months

After 30 days

.15

Yes

 

Impoundment, vehicle confiscation

Discretionary

Yes

Colorado

3 months

Yes

.17

Yes

Yes

 

Mandatory for high BAC conviction

 

Connecticut

90 days

Yes

.16

  

Yes

 

Discretionary

 

Delaware

3 months

 

.16 (.20)

  

Yes

 

Discretionary

Yes

D.C.

2-90 days or until disposition

Yes

Yes

Yes

Yes

 

Discretionary

 

Florida

6 months for DUBAL

After 30 days

.20

Yes

Yes

Impoundment, vehicle forfeiture

Mandatory for high BAC conviction

Yes

12 months for refusal

After 90 days

Georgia

1 year

Yes

.15

Yes

Yes

Vehicle confiscation

Discretionary

Yes

Guam

 

 

From .08 to .10

Yes

Yes

 

 

 

Hawaii

3 months

After 30 days

.15

Yes

Yes

 

Mandatory for high BAC conviction

Yes

Idaho

90 days

After 30 days

.20

Yes

Yes

 

Discretionary

Yes

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

Yes

Kentucky

 

 

.18

Yes

Yes

Impoundment

Discretionary

Yes

Louisiana

90 days

After 30 days

.15

Yes
(does not meet federal requirements)

 

Vehicle confiscation

Mandatory for all convictions

Yes

Maine

90 days

Yes

.15

Yes

Yes

Vehicle confiscation

Discretionary

 

Maryland

45 days

Yes

 

Yes

Yes

 

Discretionary

 

Massachusetts

90 days

 

.02 (applies to ages 17-21)

Yes

Yes

Vehicle Confiscation

Discretionary

Yes

Michigan

 

After 30 days

 

Yes

Yes

Vehicle confiscation

Discretionary

Yes

Minnesota

90 days

After 15 days

.20

Yes

 

Impoundment, vehicle confiscation, special plates/
markings

Discretionary

Yes

Mississippi

90 days

 

 

  

Yes

Impoundment, vehicle confiscation

Discretionary

Yes

Missouri

90 days

After 30 days

 

 

Yes

Vehicle forfeiture or impoundment (cities w/ 100,000+ allowed to enact ordinance)

Mandatory for repeat conviction

Yes

Montana

 

 

 

Yes

Yes

Impoundment, vehicle confiscation

Discretionary

Yes

Nebraska

90 days

After 30 days

.15

Yes

Yes

Vehicle immobilization, continuous alcohol monitoring

Mandatory for all convictions

Yes

Nevada

90 days

After 45 days

.18

Yes

Yes

 

Discretionary

 

New Hampshire

6 months

 

.16

Yes

Yes

 

Mandatory for high BAC conviction

Yes

New Jersey

 

 

Yes

Yes

Yes

 

Discretionary

Yes

New Mexico

<21: 1 yr.;
>21: 6 mo.

After 30 days

.16 (w/ mandatory jail on all offenses)

Yes

 

Immobolization of vehicle for driving while revoked

Mandatory for all convictions

Yes

New York

Variable

Yes

.18

Yes

Yes

Vehicle confiscation

Discretionary

Yes

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

Yes

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

Yes

Oklahoma

180 days

Yes

.15

Yes

Yes

 

Discretionary

Yes

Oregon

90 days

After 30 days

Legislative Concept Submitted

Yes

Yes

Impoundment, Vehicle Confiscation

Mandatory upon reinstatement

 

Pennsylvania

 

 

.16 (>.16)

Yes

Yes

 

Discretionary

Yes

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

Yes

South Dakota

30 days

Yes

.17

Yes

 

 

  

 

Tennessee

 

 

.20

Yes

Yes

Vehicle confiscation

Discretionary

Yes

Texas

90 days if .08 or greater; 180 days for refusal

Yes

.15

Yes

Yes

Vehicle confiscation

Mandatory for  repeat conviction

Yes

Utah

90 days

 

.16

Yes

Yes

Impoundment

Mandatory for all convictions

Yes

Vermont

90 days

 

 

Yes

 

Impoundment, vehicle confiscation

 

 

Virgin Islands

Variable

Yes

 

  

 

Revoke license plate

 

 

Virginia

7 days

 

.15

 

Yes

Vehicle confiscation

Mandatory for high BAC conviction

Yes

Washington

90 days

After 30 days

.15

Yes

Yes

Impoundment

Mandatory for all convictions

Yes

West Virginia

6 months

After 30 days

.15

 

Yes

 

Mandatory for
> .15 BAC conviction

Yes

Wisconsin

6 months

Yes

.17 (.20)(.26)
(Not applicable until the third offense)

Yes

Yes

Impoundment, vehicle seizure/
forfeiture

Discretionary

Yes

(Not applicable until the third offense)

Wyoming

90 days

Yes

 

Yes

 

 

Discretionary

Yes

Totals

43 States + D.C., Northern Mariana Islands, Virgin Islands

35 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: 9 States

High BAC conviction: 7 States

Repeat conviction: 3 States

Upon reinstatement: 1 State

Alcohol Exclusion Laws: 37 States

Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), Mothers Against Drunk Driving (MADD), National Highway Traffic Safety Administration (NHTSA) and State Highway Safety Offices.