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. 31 states* have made ignition interlocks mandatory or highly incentivized for all convicted drunk drivers, even first-time offenders. 7 states require them for repeat offenders; and 8 states for both high BAC and repeat offenders. The remaining 4 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. 38 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 Problems, Insurance Institute for Highway Safety (IIHS), Mothers Against Drunk Driving (MADD), National Conference of State Legislatures (NCSL) and State Highway Safety Offices.
0.15
90 days
yes
Mandatory for high BAC (.15 or higher) and repeat convictions
No
No
.17, .20 and .25
6-9 months
Yes
Mandatory for high BAC (.15 or higher) and repeat convictions
Yes
yes
After 30 days
Mandatory for high BAC (.15 or higher) and repeat convictions
Yes
Yes
0.15
6 months
0.15
90 days
With an ignition interlock driver's license
Mandatory for all convictions
yes
No
.15 and .20
7 days
Mandatory for repeat convictions; highly incentivized for first convictions
No
yes
yes
yes
Variable
yes
90 days
Highly incentivized for all convictions
yes
No
0.16
120 days
Mandatory for repeat convictions; highly incentivized for first convictions
yes
yes
0.15
90 days if .08 or greater; 180 days for refusal
Yes
Mandatory for repeat convictions
Yes
yes
0.2
1 year
yes
Mandatory for repeat convictions; highly incentivized for first convictions
No
Yes
Yes
Discretionary
Yes
No
0.17
30 days
.10 and .16
1 month (for BAC .15 or higher)
Yes
Mandatory for both high BAC (.15 or higher) and repeat convictions
Yes
No
.10 and .15
30-180 days
Mandatory for all convictions
Yes
No
Yes
Yes
.10 and .16
Pennsylvania uses programs called Occupational Limited License (OLL) and Ignition Interlock Limited License (IILL)
Mandatory for high BAC (.10 or higher) and repeat convictions
0.15
90 days
After 30 days
Mandatory for all convictions and diversions
Yes
No
0.15
180 days
Yes
Mandatory for high BAC (0.15 and above) and repeat convictions; highly incentivized for first convictions
Yes
Yes
0.17
90 days
After 15 days
Mandatory for repeat convictions
No
No
30 days -
Yes
Yes
After 30 days
Discretionary
Yes
Yes
0.18
91 days
0.15
30 days
After 10 days
Mandatory for high BAC (.15 or higher) and repeat convictions
Yes
Yes
0.18
Yes
Yes
Mandatory for all convictions
Yes
Yes
Yes
No
.16 (with mandatory jail on all offenses)
Under 21: 1 year; 21 and over: 6 months
Immediately with ignition interlock
Mandatory for all convictions
0.1
3 months
Mandatory for all convictions
Yes
Yes
0.16
6 months
Mandatory for all convictions
Yes
Yes
0.18
90 days
After 45 days
Mandatory for all convictions
Yes
Yes
0.15
90 days
After 30 days
Mandatory for all convictions
Yes
Yes
Yes
Mandatory for repeat convictions
Yes
No
0.16
6 months
0.15
90 days
After 0 days with interlock use (restricted); After 30 days (restricted)
Mandatory for repeat convictions
No
Yes
90 days
Mandatory for all convictions
No
Yes
Yes
No
0.16
90 days
After 15 days
Highly incentivized for high BAC (0.16) and repeat convictions
0.17
30-180 days
After 45 days
Mandatory for high BAC (0.17) and repeat convictions
Yes
Yes
0.2
90 days
Yes
Mandatory for repeat convictions
Yes
Yes
0.15
180 days for both.08 & .15, for first offense.
Yes, with interlock
Mandatory for all convictions
Yes
Yes
0.15
90 days
Yes
Highly incentivized for all convictions
No
Yes
Mandatory for high BAC (0.20 and above) and repeat convictions; highly incentivized for convictions
No
No
.15 and .20
0.15
30-120 days
Yes
Mandatory for all convictions
Yes
Yes
0.15
30 days
Highly incentivized for all convictions
Yes
Yes
Yes
Yes
0.15
180 days
After 30 days
Highly incentivized for all convictions
0.15
180 days
Available immediately
Mandatory for repeat convictions
Yes
No
0.16
6 months
After 30 days
Mandatory for all convictions; highly incentivized for first convictions
Yes
Yes
0.2
90 days
After 30 days
Mandatory for all convictions
Yes
Yes
3 months
After 30 days
Mandatory for all convictions
No
No
Discretionary
Yes
Yes
From .08 to .10
0.15
1 year
Yes
Mandatory for repeat convictions
Yes
Yes
0.2
6 months for DUI; 12 months for refusal
DUI: After 30 days; Refusal: After 90 days
Yes
Yes
Yes
Yes
.20, .25 and .30
2-90 days or until deposition
Yes
Mandatory for all convictions
0.15
3 months
No
Highly incentivized for all convictions
No
Yes
90 days
Yes
Highly incentivized for all convictions
No
Yes
0.15
3 months
Yes
Mandatory for high BAC (0.15 and above) and repeat convictions, highly incentivized for first convictions
Yes
No
0.15
4 months
After 30 days
Mandatory for all repeat and injury-involved offenses, first-time injury or vehicular manslaughter offenses.
Yes
No
Yes
Mandatory for all convictions
Yes
Yes
6 months
0.15
90 days
After 30 days
Mandatory for all convictions
Yes
Yes
90 days
After 30 days
Mandatory for all convictions
No
No
Yes
Yes
0.15
90 days
Mandatory for high BAC (0.15 and above) and repeat convictions; highly incentivized for first convictions
FOR IMMEDIATE RELEASE
December 11, 2019
Contact: Kara Macek, 202-789-0944
FOR IMMEDIATE RELEASE
December 9, 2019
Contact: Joe Feese, 202-580-7930
GHSA's report, "High-Risk Impaired Drivers: Combating a Critical Threat," focuses on the challenges and opportunities associated with the high-risk impaired driver — a person who lacks the restraint or self-control to resist driving impaired.
The Louisiana Highway Safety Commission (LHSC) was one of five State Highway Safety Offices to receive a grant from GHSA and ride hailing company Lyft to prevent impaired driving during the 2018 holiday season. With its grant, LHSC complemented its annual "Drive Sober or Get Pulled Over" enforcement campaign with social media messaging to spotlight discounted Lyft rides.
As the recipient of a grant from GHSA and Lyft, the North Dakota Department of Transportation (NDDOT) bolstered its winter anti-impaired driving campaign with additional media efforts and discounted rides for impaired travelers.
