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.
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
Yes
0.15
6 months
After 30 days
Mandatory for high BAC (.15 or higher) and repeat convictions
Yes
0.15
90 days
With an ignition interlock driver's license
Mandatory for all convictions
yes
No
7 days
None
Mandatory for repeat convictions; highly incentivized for first convictions
No
yes
.15 and .20
None
Variable
yes
None
yes
yes
None
90 days
None
Highly incentivized for all convictions
yes
No
Mandatory for repeat convictions; highly incentivized for first convictions
yes
yes
0.16
120 days
None
0.15
90 days if .08 or greater; 180 days for refusal
Yes
Mandatory for repeat convictions and first-time offenders with a BAC of greater than .15
Yes
Yes
0.2
1 year
yes
Mandatory for repeat convictions; highly incentivized for first convictions
No
Yes
No
0.17
30 days
Yes
Discretionary
Yes
.10 and .16
1 month (for BAC .15 or higher)
Yes
Mandatory for all convictions
Yes
No
30-180 days
None
Mandatory for all convictions
Yes
No
.10 and .15
.10 and .16
None
Pennsylvania uses programs called Occupational Limited License (OLL) and Ignition Interlock Limited License (IILL)
Mandatory for high BAC (.10 or higher) and repeat convictions
Yes
Yes
0.15
90 days
After 30 days
Mandatory for all convictions and diversions
Yes
No
Mandatory for high BAC (0.15 and above) and repeat convictions; highly incentivized for first convictions
Yes
Yes
0.15
180 days
Yes
0.17
90 days
After 15 days
Mandatory for repeat convictions
No
No
None
30 days - <6 months
None
None
Yes
Yes
No
0.18
91 days
After 30 days
Discretionary
Yes
0.15
30 days
After 10 days
Mandatory for high BAC (.15 or higher) and repeat convictions
Yes
Yes
Yes
Yes
Mandatory for all convictions
Yes
Yes
0.18
.16 (with mandatory jail on all offenses)
Under 21: 1 year; 21 and over: 6 months
Immediately with ignition interlock
Mandatory for all convictions
Yes
Yes
0.1
3 months
None
Mandatory for all convictions
Yes
Yes
Mandatory for all convictions
Yes
Yes
0.16
6 months
None
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
No
0.16
6 months
Yes
Mandatory for repeat convictions
Yes
0.15
90 days
After 0 days with interlock use (restricted); After 30 days (restricted)
Mandatory for repeat convictions
No
Yes
90 days
None
Mandatory for all convictions
No
Yes
None
0.16
90 days
After 15 days
Highly incentivized for high BAC (0.16) and repeat convictions
Yes
No
0.17
30-180 days
After 45 days
Mandatory for high BAC (0.17) and repeat convictions
Yes
Yes
Mandatory for repeat convictions
Yes
Yes
0.2
90 days
Yes
0.15
180 days for both.08 & .15, for first offense.
Yes, with interlock
Mandatory for all convictions
Yes
Yes
0.15
150 days
Yes
Highly incentivized for all convictions
Yes
Yes
No
.20
12 Months
Yes (with the exception of a 2nd conviction having a .20 BAC, then eligible only after 45 days of suspension has expired.)
Mandatory for all convictions
No
0.15
30-120 days
Yes
Mandatory for all convictions
Yes
Yes
30 days
None
Highly incentivized for all convictions
Yes
Yes
0.15
0.15
180 days
After 30 days
Highly incentivized for all convictions
Yes
Yes
0.15
180 days
Available immediately
Mandatory for repeat convictions
Yes
No
Mandatory for all convictions; highly incentivized for first convictions
Yes
Yes
0.16
6 months
After 30 days
0.2
90 days
After 30 days
Mandatory for all convictions
Yes
Yes
None
3 months
After 30 days
Mandatory for all convictions
No
No
Yes
From .08 to .10
None
None
Discretionary
Yes
0.15
1 year
Yes
Mandatory for repeat convictions
Yes
Yes
6 months for DUI; 12 months for refusal
DUI: After 30 days; Refusal: After 90 days
None
Yes
Yes
0.2
.20, .25 and .30
2-90 days or until deposition
Yes
Mandatory for all convictions
Yes
Yes
0.15
3 months
No
Highly incentivized for all convictions
No
Yes
Highly incentivized for all convictions
No
Yes
None
90 days
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
None
6 months
Yes
Mandatory for all convictions
Yes
0.15
90 days
After 30 days
Mandatory for all convictions
Yes
Yes
90 days
After 30 days
Mandatory for all convictions
No
No
None
0.15
90 days
None
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
Yes
Yes
FOR IMMEDIATE RELEASE
October 30, 2024
CONTACT: Adam Snider (GHSA), 202-580-7930, 202-365-8971 (cell)
press@lyft.com (Lyft)
$40,000 in grants will support two state’s public outreach promoting the use of ride-hailing as a safer alternative to driving impaired
GHSA has again partnered with Lyft to provide financial support for initiatives to promote ride-hailing rather than driving after consuming alcohol and/or other impairing substances. The State Highway Safety Offices in Ohio and Maryland each received $20,000 for fall campaigns designed to encourage people to make the responsible decision and leave the driving to someone who is sober.
The public can now learn details about every impaired driving arrest and crash that happens in Minnesota. The Minnesota Department of Public Safety’s Bureau of Criminal Apprehension (BCA) has made public a tool that was previously just for law enforcement. The map-based Driving While Impaired (DWI) Dashboard shows crashes and arrests related to impaired driving.
October 14, 2024
Governor Kay Ivey has awarded more than $7.6 million to enhance highway safety in Alabama and reduce the number of reckless drivers on the state’s roads. The grants provided to the Alabama Law Enforcement Agency (ALEA) and the state’s traffic safety regions covering all 67 counties will help fund major highway safety campaigns including “Click It or Ticket” and “Drive Sober or Get Pulled Over.” The funds will also enable law enforcement agencies to increase traffic patrols in areas with high crash rates and other traffic violations.
Distracted driving is one of the most urgent road safety crises facing Georgia and the United States today. The National Highway Transportation Safety Administration (NHTSA) estimates that distracted driving killed 12,405 people nationwide in 2021, nearly the same amount as impaired driving.
A new study by the AAA Foundation for Traffic Safety reveals the COVID-19 pandemic’s deadly impact on traffic safety in the United States. Researchers at the AAA Foundation found dangerous behaviors like speeding, not using seatbelts, and impaired driving contributed to a significant rise in fatal crashes compared to pre-pandemic times. Notably, the new research highlights a disparity in the pandemic’s impact on traffic safety. Black and Hispanic Americans, already disproportionately affected by traffic fatalities, saw even more significant increases from 2020 through 2022.
Traffic crashes caused by alcohol and drugs have surged in the past decade, as police are stopping and arresting fewer drunk drivers, according to a Bridge Michigan analysis of state traffic data. Since 2014, fatal alcohol-and-drug related crashes rose 40% while drunk-driving arrests fell 28% over that time, to 26,408 last year from 35,060 in 2014. Over the same time, car deaths blamed on alcohol and drugs rose to 445 last year from 319 in 2014.
Building on the success of their previous holiday ride-share programs, MDOT MVA was one of two State Highway Safety Offices to receive a grant from GHSA, ride-hailing company Lyft, and Responsibility.org to prevent impaired driving during the 2023 holiday season. The "Be the Make a Plan Driver" campaign was further amplified on social media and online, promoting discounted rides for the holiday season.
The Georgia Governor’s Office of Highway Safety (GAGOHS) was crucial in promoting safe transportation alternatives and preventing impaired driving during the 2023 Holiday season. GAGOHS, as one of two State Highway Safety Offices to receive a grant from GHSA, ride-hailing company Lyft, and Responsibility.org, utilized the funding to encourage responsible choices and discourage driving after consuming alcohol. This was achieved by promoting Lyft ride credits via advertisements as part of the state’s “Drive Sober or Get Pulled Over” driving campaign.
FOR IMMEDIATE RELEASE
May 22, 2024
CONTACT: Adam Snider (GHSA), 202-580-7930, 202-365-8971 (cell)
Katie Beaumont (Responsibility.org), (202) 355-1915
As summer driving season kicks off, three states receive funding to help law enforcement identify and remove impaired drivers from the road
