Blood Alcohol Concentration Limits for Enforcement of Impaired Driving Laws -- U.S. States - 2001
Laws for DWI and DUI vary from state-to-state. Below is a chart listing blood alcohol content BAC limits, license suspension, ignition interlock requirements and forfeiture penalties.
All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level, 0.08 percent.
License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Forty-one states and the District of Columbia have administrative license suspension laws.
Forty-five states permit some offenders to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver's breath and disable the ignition if the driver has been drinking.
In 30 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.
Forty-three states and Washington D.C. have laws prohibiting the driver, passengers or both from possessing an open container of alcohol in the passenger compartment of a vehicle.
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense? | Restore driving privileges during suspension? | Do penalties include interlock/forfeiture? | Open container laws |
| Alabama | 0.08 | 90 days | no | no/no | driver/passenger |
| Alaska | 0.08 | 90 days | after 30 days | yes/yes | driver |
| Arizona | 0.08 | 90 days | after 30 days | yes/yes | driver/passenger |
| Arkansas | 0.08 | 120 days | yes | yes/yes | -- |
| California | 0.08 | 4 months | after 30 days | yes/yes | driver/passenger |
| Colorado | 0.08 | 3 months | yes | yes/no | -- |
| Connecticut | 0.08 | 90 days | yes | no/no | -- |
| Delaware | 0.08 | 3 months | no | yes/no | -- |
| District of Columbia | 0.08 | 2-90 days | yes | yes/no | driver/passenger |
| Florida | 0.08 | 6 months | after 30 days | yes/yes | driver/passenger |
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense? | Restore driving privileges during suspension? | Do penalties include interlock/forfeiture? | Open container laws |
| Georgia | 0.08 | 1 year | yes | yes/yes | driver/passenger |
| Hawaii | 0.08 | 3 months | after 30 days | yes/no | driver/passenger |
| Idaho | 0.08 | 90 days | after 30 days | yes/no | driver/passenger |
| Illinois | 0.08 | 3 months | after 30 days | yes/yes | driver/passenger |
| Indiana | 0.08 | 180 days | after 30 days | yes/no |
driver |
| Iowa | 0.08 | 180 days | after 90 days | yes/no | driver/passenger |
| Kansas | 0.08 | 30 days | no | yes/no | driver |
| Kentucky | 0.08 | -- | -- | yes/yes | driver/passenger |
| Louisiana | 0.08 | 90 days | after 30 days | yes/yes | driver/passenger |
| Maine | 0.08 | 90 days | yes | yes/yes | driver/passenger |
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense? | Restore driving privileges during suspension? | Do penalties include interlock/forfeiture? | Open container laws |
| Maryland | 0.08 | 45 days | yes | yes/no | driver/passenger |
| Massachusetts | 0.08 | 90 days | no | no/no | driver/passenger |
| Michigan | 0.08 | -- | -- | yes/yes | driver/passenger |
| Minnesota | 0.08 (eff. 08/01/05) |
90 days | after 15 days | yes/yes | driver/passenger |
| Mississippi | 0.08 | 90 days | no | yes/yes | -- |
| Missouri | 0.08 | 30 days | no | yes/yes | -- |
| Montana | 0.08 | -- | -- | yes/yes | driver/passenger |
| Nebraska | 0.08 | 90 days | after 30 days | yes/no | driver/passenger |
| Nevada | 0.08 | 90 days | after 45 days | yes/no | driver/passenger |
| New Hampshire | 0.08 | 6 months | no | yes/no | driver/passenger |
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense? | Restore driving privileges during suspension? | Do penalties include interlock/forfeiture? | Open container laws |
| New Jersey | 0.08 | -- | -- | yes/no | driver/passenger |
| New Mexico | 0.08 | 90 days | after 30 days | yes/no | driver/passenger |
| New York | 0.08 | variable | yes | yes/yes | driver/passenger |
| North Carolina | 0.08 | 30 days | after 10 days | yes/yes | driver/passenger |
| North Dakota | 0.08 | 91 days | after 30 days | yes/yes | driver/passenger |
| Ohio | 0.08 | 90 days | after 15 days | yes/yes | driver/passenger |
| Oklahoma | 0.08 | 180 days | yes | yes/yes | driver |
| Oregon | 0.08 | 90 days | after 30 days | yes/yes | driver/passenger |
| Pennsylvania | 0.08 | -- | -- | yes/yes | driver/passenger |
| Rhode Island | 0.08 | -- | -- | yes/yes | driver |
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense? | Restore driving privileges during suspension? | Do penalties include interlock/forfeiture? | Open container laws |
| South Carolina | 0.08 | -- | -- | yes/yes | driver/passenger |
| South Dakota | 0.08 | -- | -- | no/no | driver/passenger |
| Tennessee | 0.08 | -- | -- | yes/yes | driver |
| Texas | 0.08 | 90 days | yes | yes/yes | driver/passenger |
| Utah | 0.08 | 90 days | no | yes/no | driver/passenger |
| Vermont | 0.08 | 90 days | no | no/yes | driver/passenger |
| Virginia | 0.08 | 7 days | no | yes/yes | |
| Washington | 0.08 | 90 days | after 30 days | yes/yes | driver/passenger |
| West Virginia | 0.08 | 6 months | after 30 days | yes/no | -- |
| Wisconsin | 0.08 | 6 months | yes | yes/yes | driver/passenger |
| Wyoming | 0.08 | 90 days | yes | no/no | driver |
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