Drunk Driving Laws

November 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:

  • 12 states (Alaska, Arizona, Arkansas, Colorado, Hawaii, Illinois, Louisiana, Nebraska, New Mexico, New York, Utah and Washington) have made ignition interlocks mandatory or highly incentivized for all convicted drunk drivers, even first-time offenders.
  • 44 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

Mandatory for all convictions in Alameda, Los Angeles, Tulare and Sacramento counties (pilot project)		 Yes
Colorado 3 months Yes .17 Yes Yes   Highly incentivized for all conviction  
Connecticut 90 days Yes .16   Yes   Discretionary  
Delaware 3 months   .16 (.20)   Yes Vehicle sanction and license plate impoundment 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 all convictions
(expected to be eff. 2011) 		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 Yes Yes - Hardship license .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 Yes .20 (applies to ages 17-21) Yes Yes Vehicle Confiscation Two offenses or higher 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 Mandatory for all convictions 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 44 States + D.C., Northern Mariana Islands, Virgin Islands 37 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: 12 States

High BAC conviction: 7 States

Repeat conviction: 4 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.