State Law Facts:
(from the )

DUI/DWI LAWS
as of October 2000

Forty-nine states (all except Massachusetts) 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, usually 0.10 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-two 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 29 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.

State BAC Defined as illegal per se¹ Administrative license suspension 1st offense?² Restore driving privileges during suspension?^2,3 Do penalties include interlock/forfeiture?⁴

Alabama 0.08 90 days no no/no

Alaska 0.10 90 days after 30 days yes/yes

Arizona 0.10 90 days after 30 days yes/yes

Arkansas 0.10 120 days yes yes/yes

California 0.08 4 months after 30 days yes/yes

Colorado 0.10 3 months yes yes/no

Connecticut 0.10 90 days yes no/no

Delaware 0.10 3 months no yes/no

District of Columbia 0.08 2-90 days yes no/no

Florida 0.08 6 months yes yes/yes

State BAC Defined as illegal per se¹ Administrative license suspension 1st offense?² Restore driving privileges during suspension?^2,3 Do penalties include interlock/forfeiture?⁴

Georgia 0.10⁵ 1 year yes yes/yes

Hawaii 0.08 3 months after 30 days yes/no

Idaho 0.08 90 days after 30 days yes/no

Illinois 0.08 3 months after 30 days yes/yes

Indiana 0.10 180 days after 30 days yes/no

Iowa 0.10 180 days yes yes/no

Kansas 0.08 30 days no yes/no

Kentucky 0.08 -- -- yes/yes

Louisiana 0.10 90 days after 30 days yes/yes

Maine 0.08 90 days yes yes/yes

State BAC Defined as illegal per se¹ Administrative license suspension 1st offense?² Restore driving privileges during suspension?^2,3 Do penalties include interlock/forfeiture?⁴

Maryland 0.10 45 days yes yes/no

Massachusetts none¹ 90 days no no/no

Michigan 0.10 -- -- yes/yes

Minnesota 0.10 90 days after 15 days no/yes

Mississippi 0.10 90 days no yes/yes

Missouri 0.10 30 days no yes/yes

Montana 0.10 -- -- yes/yes

Nebraska 0.10 90 days after 30 days yes/no

Nevada 0.10 90 days after 45 days yes/no

New Hampshire 0.08 6 months no no/no

State BAC Defined as illegal per se¹ Administrative license suspension 1st offense?² Restore driving privileges during suspension?^2,3 Do penalties include interlock/forfeiture?⁴

New Jersey 0.10 -- -- yes/no

New Mexico 0.08 90 days after 30 days yes/no

New York 0.10 variable⁶ yes yes/yes

North Carolina 0.08 30 days after 10 days yes/yes

North Dakota 0.10 91 days after 30 days yes/yes

Ohio 0.10 90 days after 15 days yes/yes

Oklahoma 0.10 180 days yes yes/yes

Oregon 0.08 90 days after 30 days yes/yes

Pennsylvania 0.10 -- -- yes/yes

Rhode Island 0.08 -- -- yes/yes

State BAC Defined as illegal per se¹ Administrative license suspension 1st offense?² Restore driving privileges during suspension?^2,3 Do penalties include interlock/forfeiture?⁴

South Carolina 0.10 -- -- yes/yes

South Dakota 0.10 -- -- no/no

Tennessee 0.10 -- -- yes/yes

Texas 0.08 60 days yes yes/yes

Utah 0.08 90 days no yes/no

Vermont 0.08 90 days no no/yes

Virginia 0.08 7 days no yes/no

Washington 0.08 90 days after 30 days yes/yes

West Virginia 0.10 6 months after 30 days yes/no

Wisconsin 0.10 6 months yes yes/yes

Wyoming 0.10 90 days yes no/no

¹The law in Massachusetts is not a per se law. A BAC of 0.08 percent in Massachusetts is evidence of alcohol impairment but isn't illegal per se.

²Information pertains to drivers in violation of the BAC defined as illegal per se for all drivers, not the special BAC for young drivers.

³Drivers usually must demonstrate special hardship to justify restoring privileges during suspension, and then privileges often are restricted.

⁴A multiple offender's vehicle may be seized and disposed.

⁵Under Georgia law, a prosecutor only has to prove a person was driving with a BAC of 0.10 or greater to get a conviction. At BACs of 0.08 or greater but less than 0.10, there is a presumption the defendant was driving under the influence of alcohol, but that presumption can be rebutted by the defendant.

⁶In New York, administrative license suspension lasts until prosecution is complete.

DUI/DWI LAWS as of October 2000

DUI/DWI LAWS
as of October 2000