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.
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.
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
Repeat Offender Laws
Yes
West Virginia
Increased penalty for high BAC
0.15
West Virginia
Administrative license suspension on first offense
6 months
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
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
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
Virginia
Increased penalty for high BAC
.15 and .20
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
Virgin Islands
Open container laws
yes
Virgin Islands
Repeat Offender Laws
yes
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
Ignition Interlocks
Mandatory for repeat convictions; highly incentivized for first convictions
Utah
Open container laws
yes
Utah
Repeat Offender Laws
yes
Utah
Increased penalty for high BAC
0.16
Utah
Administrative license suspension on first offense
120 days
Utah
Limited driving privileges during suspension
None
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
Repeat Offender Laws
No
South Dakota
Increased penalty for high BAC
0.17
South Dakota
Administrative license suspension on first offense
30 days
South Dakota
Limited driving privileges during suspension
Yes
South Dakota
Ignition Interlocks
Discretionary
South Dakota
Open container laws
Yes
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
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
Rhode Island
Increased penalty for high BAC
.10 and .15
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
Pennsylvania
Open container laws
Yes
Pennsylvania
Repeat Offender Laws
Yes
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
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
Oklahoma
Increased penalty for high BAC
0.15
Oklahoma
Administrative license suspension on first offense
180 days
Oklahoma
Limited driving privileges during suspension
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
Repeat Offender Laws
No
North Dakota
Increased penalty for high BAC
0.18
North Dakota
Administrative license suspension on first offense
91 days
North Dakota
Limited driving privileges during suspension
After 30 days
North Dakota
Ignition Interlocks
Discretionary
North Dakota
Open container laws
Yes
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
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 York
Increased penalty for high BAC
0.18
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 Mexico
Open container laws
Yes
New Mexico
Repeat Offender Laws
No
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
Ignition Interlocks
Mandatory for all convictions
New Hampshire
Open container laws
Yes
New Hampshire
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
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
Repeat Offender Laws
No
Montana
Increased penalty for high BAC
0.16
Montana
Administrative license suspension on first offense
6 months
Montana
Limited driving privileges during suspension
Yes
Montana
Ignition Interlocks
Mandatory for repeat convictions
Montana
Open container laws
Yes
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
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
Mississippi
Increased penalty for high BAC
None
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
Minnesota
Open container laws
Yes
Minnesota
Repeat Offender Laws
No
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
Ignition Interlocks
Mandatory for repeat convictions
Massachusetts
Open container laws
Yes
Massachusetts
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
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
Repeat Offender Laws
No
Louisiana
Increased penalty for high BAC
.20
Louisiana
Administrative license suspension on first offense
12 Months
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
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
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
Kansas
Increased penalty for high BAC
0.15
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
Iowa
Open container laws
Yes
Iowa
Repeat Offender Laws
Yes
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
Ignition Interlocks
Mandatory for all convictions; highly incentivized for first convictions
Illinois
Open container laws
Yes
Illinois
Repeat Offender Laws
Yes
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
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
Repeat Offender Laws
Yes
Guam
Increased penalty for high BAC
From .08 to .10
Guam
Administrative license suspension on first offense
None
Guam
Limited driving privileges during suspension
None
Guam
Ignition Interlocks
Discretionary
Guam
Open container laws
Yes
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
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
Florida
Increased penalty for high BAC
0.2
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
District of Columbia
Open container laws
Yes
District of Columbia
Repeat Offender Laws
Yes
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
Ignition Interlocks
Highly incentivized for all convictions
Connecticut
Open container laws
No
Connecticut
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
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
Repeat Offender Laws
Yes
Arkansas
Increased penalty for high BAC
None
Arkansas
Administrative license suspension on first offense
6 months
Arkansas
Limited driving privileges during suspension
Yes
Arkansas
Ignition Interlocks
Mandatory for all convictions
Arkansas
Open container laws
Yes
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
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
Alaska
Increased penalty for high BAC
None
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
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