Alcohol Impaired Driving

All states but Utah define driving with a blood alcohol concentration (BAC) at or above 0.08% as a crime, and specific laws and penalties vary substantially from state to state. Effective December 30, 2018, Utah’s BAC is set at 0.05%.

44 states, D.C. and Guam have increased penalties for drivers convicted at higher BACs (specific levels and penalties vary by state).

48 states, D.C., the Northern Mariana Islands and the Virgin Islands have administrative license suspension (ALS) on the first offense. ALS allows law enforcement to confiscate a driver's license for a period of time if he fails a chemical test. Most of these states allow limited driving privileges (such as to/from work).

All states have some type of ignition interlock program, in which judges require all or some convicted drunk drivers to install interlocks in their cars to disable the engine if alcohol is detected on their breath. 27 states* have made ignition interlocks mandatory or highly incentivized for all convicted drunk drivers, even first-time offenders. 11 states require them for repeat offenders; and 11 states for both high BAC and repeat offenders. The remaining 2 states make interlocks discretionary.

*We defer to our State Highway Safety Office members' interpretation of the law. Some groups may have a higher count.

Drunk Driving Law Chart
Law Chart

Federal law mandates that states adopt open container and repeat offender laws meeting specific requirements. Otherwise, a portion of the state's surface transportation funding is transferred to the state DOT or State Highway Safety Office. 39 states, D.C. and 3 territories have open container laws which meet federal requirements. 33 states, D.C. and 3 territories have repeat offender laws which meet federal requirements.

A PDF chart of state drunk driving laws is available for download here.

NOTE: California's Ignition Interlock Device Pilot Program for repeat and first-time injury-involved offenders is now statewide.

NOTE: GHSA 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.

Sources: Ensuring Solutions to Alcohol ProblemsInsurance Institute for Highway Safety (IIHS), Mothers Against Drunk Driving (MADD), National Conference of State Legislatures (NCSL) and State Highway Safety Offices.

Last updated in June 2023. Laws last reviewed by SHSOs in March 2023.

Short Term Description
All states but Utah define driving with a BAC at or above 0.08% as a crime, and specific laws and penalties vary substantially from state to state. Beginning in 2019, Utah’s BAC is set at 0.05%.
Wyoming
Increased penalty for high BAC

0.15

Wyoming
Administrative license suspension on first offense

90 days

Wyoming
Limited driving privileges during suspension

yes

Wyoming
Ignition Interlocks

Mandatory for high BAC (.15 or higher) and repeat convictions

Wyoming
Open container laws

No

Wyoming
Repeat Offender Laws

No

Wisconsin
Increased penalty for high BAC

.17, .20 and .25

Wisconsin
Administrative license suspension on first offense

6-9 months

Wisconsin
Limited driving privileges during suspension

Yes

Wisconsin
Ignition Interlocks

Mandatory for high BAC (.15 or higher) and repeat convictions

Wisconsin
Open container laws

Yes

Wisconsin
Repeat Offender Laws

yes

West Virginia
Limited driving privileges during suspension

After 30 days

West Virginia
Ignition Interlocks

Mandatory for high BAC (.15 or higher) and repeat convictions

West Virginia
Open container laws

Yes

West Virginia
Repeat Offender Laws

Yes

West Virginia
Increased penalty for high BAC

0.15

West Virginia
Administrative license suspension on first offense

6 months

Washington
Increased penalty for high BAC

0.15

Washington
Administrative license suspension on first offense

90 days

Washington
Limited driving privileges during suspension

With an ignition interlock driver's license

Washington
Ignition Interlocks

Mandatory for all convictions

Washington
Open container laws

yes

Washington
Repeat Offender Laws

No

Virginia
Increased penalty for high BAC

.15 and .20

Virginia
Administrative license suspension on first offense

7 days

Virginia
Limited driving privileges during suspension

None

Virginia
Ignition Interlocks

Mandatory for repeat convictions; highly incentivized for first convictions

Virginia
Open container laws

No

Virginia
Repeat Offender Laws

yes

Virgin Islands
Open container laws

yes

Virgin Islands
Repeat Offender Laws

yes

Virgin Islands
Increased penalty for high BAC

None

Virgin Islands
Administrative license suspension on first offense

Variable

Virgin Islands
Limited driving privileges during suspension

yes

Virgin Islands
Ignition Interlocks

None

Vermont
Increased penalty for high BAC

None

Vermont
Administrative license suspension on first offense

90 days

Vermont
Limited driving privileges during suspension

None

Vermont
Ignition Interlocks

Highly incentivized for all convictions

Vermont
Open container laws

yes

Vermont
Repeat Offender Laws

No

Utah
Increased penalty for high BAC

0.16

Utah
Administrative license suspension on first offense

120 days

Utah
Limited driving privileges during suspension

None

Utah
Ignition Interlocks

Mandatory for repeat convictions; highly incentivized for first convictions

Utah
Open container laws

yes

Utah
Repeat Offender Laws

yes

Texas
Increased penalty for high BAC

0.15

Texas
Administrative license suspension on first offense

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

Texas
Limited driving privileges during suspension

Yes

Texas
Ignition Interlocks

Mandatory for repeat convictions

Texas
Open container laws

Yes

Texas
Repeat Offender Laws

yes

Tennessee
Increased penalty for high BAC

0.2

Tennessee
Administrative license suspension on first offense

1 year

Tennessee
Limited driving privileges during suspension

yes

Tennessee
Ignition Interlocks

Mandatory for repeat convictions; highly incentivized for first convictions

Tennessee
Open container laws

No

Tennessee
Repeat Offender Laws

Yes

South Dakota
Limited driving privileges during suspension

Yes

South Dakota
Ignition Interlocks

Discretionary

South Dakota
Open container laws

Yes

South Dakota
Repeat Offender Laws

No

South Dakota
Increased penalty for high BAC

0.17

South Dakota
Administrative license suspension on first offense

30 days

South Carolina
Increased penalty for high BAC

.10 and .16

South Carolina
Administrative license suspension on first offense

1 month (for BAC .15 or higher)

South Carolina
Limited driving privileges during suspension

Yes

South Carolina
Ignition Interlocks

Mandatory for all convictions

South Carolina
Open container laws

Yes

South Carolina
Repeat Offender Laws

No

Rhode Island
Increased penalty for high BAC

.10 and .15

Rhode Island
Administrative license suspension on first offense

30-180 days

Rhode Island
Limited driving privileges during suspension

None

Rhode Island
Ignition Interlocks

Mandatory for all convictions

Rhode Island
Open container laws

Yes

Rhode Island
Repeat Offender Laws

No

Pennsylvania
Open container laws

Yes

Pennsylvania
Repeat Offender Laws

Yes

Pennsylvania
Increased penalty for high BAC

.10 and .16

Pennsylvania
Administrative license suspension on first offense

None

Pennsylvania
Limited driving privileges during suspension

Pennsylvania uses programs called Occupational Limited License (OLL) and Ignition Interlock Limited License (IILL)

Pennsylvania
Ignition Interlocks

Mandatory for high BAC (.10 or higher) and repeat convictions

Oregon
Increased penalty for high BAC

0.15

Oregon
Administrative license suspension on first offense

90 days

Oregon
Limited driving privileges during suspension

After 30 days

Oregon
Ignition Interlocks

Mandatory for all convictions and diversions

Oregon
Open container laws

Yes

Oregon
Repeat Offender Laws

No

Oklahoma
Increased penalty for high BAC

0.15

Oklahoma
Administrative license suspension on first offense

180 days

Oklahoma
Limited driving privileges during suspension

Yes

Oklahoma
Ignition Interlocks

Mandatory for high BAC (0.15 and above) and repeat convictions; highly incentivized for first convictions

Oklahoma
Open container laws

Yes

Oklahoma
Repeat Offender Laws

Yes

Ohio
Increased penalty for high BAC

0.17

Ohio
Administrative license suspension on first offense

90 days

Ohio
Limited driving privileges during suspension

After 15 days

Ohio
Ignition Interlocks

Mandatory for repeat convictions

Ohio
Open container laws

No

Ohio
Repeat Offender Laws

No

Northern Mariana Islands
Increased penalty for high BAC

None

Northern Mariana Islands
Administrative license suspension on first offense

30 days - <6 months

Northern Mariana Islands
Limited driving privileges during suspension

None

Northern Mariana Islands
Ignition Interlocks

None

Northern Mariana Islands
Open container laws

Yes

Northern Mariana Islands
Repeat Offender Laws

Yes

North Dakota
Limited driving privileges during suspension

After 30 days

North Dakota
Ignition Interlocks

Discretionary

North Dakota
Open container laws

Yes

North Dakota
Repeat Offender Laws

No

North Dakota
Increased penalty for high BAC

0.18

North Dakota
Administrative license suspension on first offense

91 days

North Carolina
Increased penalty for high BAC

0.15

North Carolina
Administrative license suspension on first offense

30 days

North Carolina
Limited driving privileges during suspension

After 10 days

North Carolina
Ignition Interlocks

Mandatory for high BAC (.15 or higher) and repeat convictions

North Carolina
Open container laws

Yes

North Carolina
Repeat Offender Laws

Yes

New York
Increased penalty for high BAC

0.18

New York
Administrative license suspension on first offense

Yes

New York
Limited driving privileges during suspension

Yes

New York
Ignition Interlocks

Mandatory for all convictions

New York
Open container laws

Yes

New York
Repeat Offender Laws

Yes

New Mexico
Open container laws

Yes

New Mexico
Repeat Offender Laws

No

New Mexico
Increased penalty for high BAC

.16 (with mandatory jail on all offenses)

New Mexico
Administrative license suspension on first offense

Under 21: 1 year; 21 and over: 6 months

New Mexico
Limited driving privileges during suspension

Immediately with ignition interlock

New Mexico
Ignition Interlocks

Mandatory for all convictions

New Jersey
Increased penalty for high BAC

0.1

New Jersey
Administrative license suspension on first offense

3 months

New Jersey
Limited driving privileges during suspension

None

New Jersey
Ignition Interlocks

Mandatory for all convictions

New Jersey
Open container laws

Yes

New Jersey
Repeat Offender Laws

Yes

New Hampshire
Increased penalty for high BAC

0.16

New Hampshire
Administrative license suspension on first offense

6 months

New Hampshire
Limited driving privileges during suspension

None

New Hampshire
Ignition Interlocks

Mandatory for all convictions

New Hampshire
Open container laws

Yes

New Hampshire
Repeat Offender Laws

Yes

Nevada
Increased penalty for high BAC

0.18

Nevada
Administrative license suspension on first offense

90 days

Nevada
Limited driving privileges during suspension

After 45 days

Nevada
Ignition Interlocks

Mandatory for all convictions

Nevada
Open container laws

Yes

Nevada
Repeat Offender Laws

Yes

Nebraska
Increased penalty for high BAC

0.15

Nebraska
Administrative license suspension on first offense

90 days

Nebraska
Limited driving privileges during suspension

After 30 days

Nebraska
Ignition Interlocks

Mandatory for all convictions

Nebraska
Open container laws

Yes

Nebraska
Repeat Offender Laws

Yes

Montana
Limited driving privileges during suspension

Yes

Montana
Ignition Interlocks

Mandatory for repeat convictions

Montana
Open container laws

Yes

Montana
Repeat Offender Laws

No

Montana
Increased penalty for high BAC

0.16

Montana
Administrative license suspension on first offense

6 months

Missouri
Increased penalty for high BAC

0.15

Missouri
Administrative license suspension on first offense

90 days

Missouri
Limited driving privileges during suspension

After 0 days with interlock use (restricted); After 30 days (restricted)

Missouri
Ignition Interlocks

Mandatory for repeat convictions

Missouri
Open container laws

No

Missouri
Repeat Offender Laws

Yes

Mississippi
Increased penalty for high BAC

None

Mississippi
Administrative license suspension on first offense

90 days

Mississippi
Limited driving privileges during suspension

None

Mississippi
Ignition Interlocks

Mandatory for all convictions

Mississippi
Open container laws

No

Mississippi
Repeat Offender Laws

Yes

Minnesota
Open container laws

Yes

Minnesota
Repeat Offender Laws

No

Minnesota
Increased penalty for high BAC

0.16

Minnesota
Administrative license suspension on first offense

90 days

Minnesota
Limited driving privileges during suspension

After 15 days

Minnesota
Ignition Interlocks

Highly incentivized for high BAC (0.16) and repeat convictions

Michigan
Increased penalty for high BAC

0.17

Michigan
Administrative license suspension on first offense

30-180 days

Michigan
Limited driving privileges during suspension

After 45 days

Michigan
Ignition Interlocks

Mandatory for high BAC (0.17) and repeat convictions

Michigan
Open container laws

Yes

Michigan
Repeat Offender Laws

Yes

Massachusetts
Increased penalty for high BAC

0.2

Massachusetts
Administrative license suspension on first offense

90 days

Massachusetts
Limited driving privileges during suspension

Yes

Massachusetts
Ignition Interlocks

Mandatory for repeat convictions

Massachusetts
Open container laws

Yes

Massachusetts
Repeat Offender Laws

Yes

Maryland
Increased penalty for high BAC

0.15

Maryland
Administrative license suspension on first offense

180 days for both.08 & .15, for first offense.

Maryland
Limited driving privileges during suspension

Yes, with interlock

Maryland
Ignition Interlocks

Mandatory for all convictions

Maryland
Open container laws

Yes

Maryland
Repeat Offender Laws

Yes

Maine
Increased penalty for high BAC

0.15

Maine
Administrative license suspension on first offense

150 days

Maine
Limited driving privileges during suspension

Yes

Maine
Ignition Interlocks

Highly incentivized for all convictions

Maine
Open container laws

Yes

Maine
Repeat Offender Laws

Yes

Louisiana
Limited driving privileges during suspension

Yes (with the exception of a 2nd conviction having a .20 BAC, then eligible only after 45 days of suspension has expired.)

Louisiana
Ignition Interlocks

Mandatory for all convictions

Louisiana
Open container laws

No

Louisiana
Repeat Offender Laws

No

Louisiana
Increased penalty for high BAC

.20

Louisiana
Administrative license suspension on first offense

12 Months

Kentucky
Increased penalty for high BAC

0.15

Kentucky
Administrative license suspension on first offense

30-120 days

Kentucky
Limited driving privileges during suspension

Yes

Kentucky
Ignition Interlocks

Mandatory for all convictions

Kentucky
Open container laws

Yes

Kentucky
Repeat Offender Laws

Yes

Kansas
Increased penalty for high BAC

0.15

Kansas
Administrative license suspension on first offense

30 days

Kansas
Limited driving privileges during suspension

None

Kansas
Ignition Interlocks

Highly incentivized for all convictions

Kansas
Open container laws

Yes

Kansas
Repeat Offender Laws

Yes

Iowa
Open container laws

Yes

Iowa
Repeat Offender Laws

Yes

Iowa
Increased penalty for high BAC

0.15

Iowa
Administrative license suspension on first offense

180 days

Iowa
Limited driving privileges during suspension

After 30 days

Iowa
Ignition Interlocks

Highly incentivized for all convictions

Indiana
Increased penalty for high BAC

0.15

Indiana
Administrative license suspension on first offense

180 days

Indiana
Limited driving privileges during suspension

Available immediately

Indiana
Ignition Interlocks

Mandatory for repeat convictions

Indiana
Open container laws

Yes

Indiana
Repeat Offender Laws

No

Illinois
Increased penalty for high BAC

0.16

Illinois
Administrative license suspension on first offense

6 months

Illinois
Limited driving privileges during suspension

After 30 days

Illinois
Ignition Interlocks

Mandatory for all convictions; highly incentivized for first convictions

Illinois
Open container laws

Yes

Illinois
Repeat Offender Laws

Yes

Idaho
Increased penalty for high BAC

0.2

Idaho
Administrative license suspension on first offense

90 days

Idaho
Limited driving privileges during suspension

After 30 days

Idaho
Ignition Interlocks

Mandatory for all convictions

Idaho
Open container laws

Yes

Idaho
Repeat Offender Laws

Yes

Hawaii
Increased penalty for high BAC

None

Hawaii
Administrative license suspension on first offense

3 months

Hawaii
Limited driving privileges during suspension

After 30 days

Hawaii
Ignition Interlocks

Mandatory for all convictions

Hawaii
Open container laws

No

Hawaii
Repeat Offender Laws

No

Guam
Limited driving privileges during suspension

None

Guam
Ignition Interlocks

Discretionary

Guam
Open container laws

Yes

Guam
Repeat Offender Laws

Yes

Guam
Increased penalty for high BAC

From .08 to .10

Guam
Administrative license suspension on first offense

None

Georgia
Increased penalty for high BAC

0.15

Georgia
Administrative license suspension on first offense

1 year

Georgia
Limited driving privileges during suspension

Yes

Georgia
Ignition Interlocks

Mandatory for repeat convictions

Georgia
Open container laws

Yes

Georgia
Repeat Offender Laws

Yes

Florida
Increased penalty for high BAC

0.2

Florida
Administrative license suspension on first offense

6 months for DUI; 12 months for refusal

Florida
Limited driving privileges during suspension

DUI: After 30 days; Refusal: After 90 days

Florida
Ignition Interlocks

None

Florida
Open container laws

Yes

Florida
Repeat Offender Laws

Yes

District of Columbia
Open container laws

Yes

District of Columbia
Repeat Offender Laws

Yes

District of Columbia
Increased penalty for high BAC

.20, .25 and .30

District of Columbia
Administrative license suspension on first offense

2-90 days or until deposition

District of Columbia
Limited driving privileges during suspension

Yes

District of Columbia
Ignition Interlocks

Mandatory for all convictions

Delaware
Increased penalty for high BAC

0.15

Delaware
Administrative license suspension on first offense

3 months

Delaware
Limited driving privileges during suspension

No

Delaware
Ignition Interlocks

Highly incentivized for all convictions

Delaware
Open container laws

No

Delaware
Repeat Offender Laws

Yes

Connecticut
Increased penalty for high BAC

None

Connecticut
Administrative license suspension on first offense

90 days

Connecticut
Limited driving privileges during suspension

Yes

Connecticut
Ignition Interlocks

Highly incentivized for all convictions

Connecticut
Open container laws

No

Connecticut
Repeat Offender Laws

Yes

Colorado
Increased penalty for high BAC

0.15

Colorado
Administrative license suspension on first offense

3 months

Colorado
Limited driving privileges during suspension

Yes

Colorado
Ignition Interlocks

Mandatory for high BAC (0.15 and above) and repeat convictions, highly incentivized for first convictions

Colorado
Open container laws

Yes

Colorado
Repeat Offender Laws

No

California
Increased penalty for high BAC

0.15

California
Administrative license suspension on first offense

4 months

California
Limited driving privileges during suspension

After 30 days

California
Ignition Interlocks

Mandatory for all repeat and injury-involved offenses, first-time injury or vehicular manslaughter offenses.

California
Open container laws

Yes

California
Repeat Offender Laws

No

Arkansas
Limited driving privileges during suspension

Yes

Arkansas
Ignition Interlocks

Mandatory for all convictions

Arkansas
Open container laws

Yes

Arkansas
Repeat Offender Laws

Yes

Arkansas
Increased penalty for high BAC

None

Arkansas
Administrative license suspension on first offense

6 months

Arizona
Increased penalty for high BAC

0.15

Arizona
Administrative license suspension on first offense

90 days

Arizona
Limited driving privileges during suspension

After 30 days

Arizona
Ignition Interlocks

Mandatory for all convictions

Arizona
Open container laws

Yes

Arizona
Repeat Offender Laws

Yes

Alaska
Increased penalty for high BAC

None

Alaska
Administrative license suspension on first offense

90 days

Alaska
Limited driving privileges during suspension

After 30 days

Alaska
Ignition Interlocks

Mandatory for all convictions

Alaska
Open container laws

No

Alaska
Repeat Offender Laws

No

Alabama
Open container laws

Yes

Alabama
Repeat Offender Laws

Yes

Alabama
Increased penalty for high BAC

0.15

Alabama
Administrative license suspension on first offense

90 days

Alabama
Limited driving privileges during suspension

None

Alabama
Ignition Interlocks

Mandatory for high BAC (0.15 and above), refusal to provide BAC, presence of a child under 14 years of age, If someone besides the offender was injured at the time of the offense and all repeat offenders

'Drive with Aloha' Murals Educate About Drunk Driving

The Hawaii Department of Transportation is partnering with Keep It Flowing Media, Hawaii Partnership to Prevent Underage Drinking, the Coalition for Drug-Free Hawaii, Mothers Against Drunk Driving and local schools on the “Drive with Aloha” mural program. Funding comes from a National Highway Traffic Safety Administration grant, according to a news release. The murals encourage people to plan ahead and find a safe ride home.

Four Million Total U.S. Traffic Deaths Shows Need for National Safety Strategy

Early this year, the United States will mark a grim and tragic milestone: Four million roadway deaths since 1899. Every single one of these people left behind countless family members, friends, colleagues and neighbors. It’s impossible to fully comprehend the grief and tragedy caused by a single death, let alone four million. Something must change.

Four Million Total U.S. Traffic Deaths Shows Need for National Safety Strategy

GHSA News Release
February 21, 2024

As US Edges to Four Million Road Deaths, 'Something Must Change' Says GHSA

This year, the US will reach a total four million deaths on the road since 1899, according to the Governors Highway Safety Association (GHSA). Marking this 'grim and tragic milestone', the organisation's CEO Jonathan Adkins calls for a renewed sense of urgency in tackling this "safety crisis" and suggests more enforcement and better road design as key areas in which improvements can be made.

Police Receive New Tool to Detect Impairment in Drivers

The device is called a DAX Evidence Recorder, costing about $5,000 each. The device is a camera specializing in recording eye movement. They’re made for police to be able to record movements associated with certain kinds of impairment. “There’s much more to impaired driving than just alcohol,” OSHP Drug Recognition Expert Lt. Nathan Dennis said. “Drugs play a vital role in that; drug impairment is something that is an issue across Ohio’s roadways.” 

U.S. Roadways Are a Little Safer Than Last Year, but That's Not Saying Very Much

Speeders tend to be going faster than before, drinkers drunker, there's more marijuana and drug use, of course, people are looking at their phones. But while distracted, lawless driving is up, law enforcement is down. In Kansas City, the police department's traffic enforcement division has shrunk to less than half the size it was just four years ago.

Feds Start Rulemaking Process for Tech to Stop Drunken Drivers

The group Mothers Against Drunk Driving also urged NHTSA to push for the "earliest possible" final rulemaking and implementation. Governors Highway Safety Association CEO Jonathan Adkins said the rulemaking "cannot be finalized soon enough and should remain a top roadway safety priority."

Feds Start Rulemaking Process for Tech to Stop Drunken Drivers

Story by Melissa Nann Burke
December 12, 2023

GHSA Welcomes NHTSA Rulemaking on Impaired Driving Prevention Technology but Urges Additional Action

GHSA congratulates the National Highway Traffic Safety Administration (NHTSA) on its announcement to advance a new proposed rulemaking to mandate impaired driving prevention technology on new passenger vehicles, as required by the 2021 Infrastructure Investment and Jobs Act (IIJA). Of the many critical safety provisions of the IIJA, this requirement for alcohol detection technology has the potential to save the most lives on our roads.

Marylanders Eligible for Free Lyft Credits This Holiday Season

Up to $20,000 in ride-share credits will be made available to Marylanders this holiday season. In partnership with the Governors Highway Safety Association as well as Lyft and Responsibility.org, the grant will offer $20 rideshare credits and encourage Marylanders to Be the Make A Plan Driver by choosing an alternative to driving impaired from alcohol or drugs.

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