Alcohol Impaired Driving
The chart below describes the statewide laws related to alcohol-impaired driving across the country. Use the arrows below the chart to toggle through the states in alphabetical order. To advance slowly, click the single right arrow (>). To jump to the end, click the double arrows (>>). Or use the filter by state feature to jump to a specific state.
Scroll down for a summary and overall totals of the number of states that have specific provisions.
Last updated in May 2024. Laws last reviewed by State Highway Safety Offices in March 2024.
| Nebraska | Nevada | New Hampshire | New Jersey |
|---|---|---|---|
| Increased penalty for high BAC
0.15 |
Increased penalty for high BAC
0.18 |
Increased penalty for high BAC
0.16 |
Increased penalty for high BAC
0.1 |
| Administrative license suspension on first offense
90 days |
Administrative license suspension on first offense
90 days |
Administrative license suspension on first offense
6 months |
Administrative license suspension on first offense
3 months |
| Limited driving privileges during suspension
After 30 days |
Limited driving privileges during suspension
After 45 days |
Limited driving privileges during suspension
None |
Limited driving privileges during suspension
None |
| Ignition Interlocks
Mandatory for all convictions |
Ignition Interlocks
Mandatory for all convictions |
Ignition Interlocks
Mandatory for all convictions |
Ignition Interlocks
Mandatory for all convictions |
| Open container laws
Yes |
Open container laws
Yes |
Open container laws
Yes |
Open container laws
Yes |
| Repeat Offender Laws
Yes |
Repeat Offender Laws
Yes |
Repeat Offender Laws
Yes |
Repeat Offender Laws
Yes |
0.15
90 days
After 30 days
Mandatory for all convictions
Yes
Yes
0.18
90 days
After 45 days
Mandatory for all convictions
Yes
Yes
0.16
6 months
None
Mandatory for all convictions
Yes
Yes
0.1
3 months
None
Mandatory for all convictions
Yes
Yes
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 12 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.
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 (SHSO).
Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety, Mothers Against Drunk Driving, National Conference of State Legislatures and SHSOs.
Last updated in May 2024. Laws last reviewed by SHSOs in March 2024.