Drunk driving laws by U.S. State. Blood and breath alcohol limits while driving.
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Drunk driving laws by each U.S. State. Blood and breath alcohol limits while driving.
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In 2002...
DRUNK
DRIVERS IN THE U.S. KILLED 17,000 MEN, WOMEN, AND CHILDREN!
(5% MORE THAN THE
PREVIOUS YEAR, 2001)
When you drink...please
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Drunk Driving
Laws by State, and the Penalties for DUI/DWI Violation.
DUI/DWI
LAWS as of March 2004
|
DUI/DWI LAWS
|
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense?1 | Restore driving privileges during suspension?1,2 | Do penalties include interlock/forfeiture?3 | 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 | 0.10 | 3 months | yes | yes/no | -- |
| Connecticut | 0.08 | 90 days | yes | no/no | -- |
| Delaware | 0.10 | 3 months | no | yes/no | -- |
| District of Columbia | 0.08 | 2-90 days | yes | no/no | driver/passenger |
| Florida | 0.08 | 6 months | yes | yes/yes | driver/passenger |
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense?1 | Restore driving privileges during suspension?1,2 | Do penalties include interlock/forfeiture?3 | 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 | driver4 |
| 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 |
| Maine | 0.08 | 90 days | yes | yes/yes | driver/passenger |
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense?1 | Restore driving privileges during suspension?1,2 | Do penalties include interlock/forfeiture?3 | Open container laws |
| Maryland | 0.08 | 45 days | yes | yes/no | driver/passenger |
| Massachusetts | 0.08 | 90 days | no | no/no | driver/passenger |
| Michigan | 0.085 | -- | -- | yes/yes | driver/passenger |
| Minnesota | 0.10 | 90 days | after 15 days | no/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?1 | Restore driving privileges during suspension?1,2 | Do penalties include interlock/forfeiture?3 | 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 | variable6 | 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?1 | Restore driving privileges during suspension?1,2 | Do penalties include interlock/forfeiture?3 | Open container laws |
| South Carolina | 0.08 | -- | -- | yes/yes | driver/passenger |
| South Dakota | 0.08 | -- | -- | no/no | driver/passenger |
| Tennessee | 0.08 | -- | -- | yes/yes | driver7 |
| 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/no | |
| Washington | 0.08 | 90 days | after 30 days | yes/yes | driver/passenger |
| West Virginia |
0.08 (eff. 05/05/04) |
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 |
1Information pertains to drivers in violation of the BAC defined as illegal per se for all drivers, not the special BAC for young drivers.
2Drivers usually must demonstrate special hardship to justify restoring privileges during suspension, and then privileges often are restricted.
3A multiple offender's vehicle may be seized and disposed.
4In Indiana, the open container restriction only applies if the driver has a BAC of 0.04.
5The 0.08 per se BAC law in Michgan contains a sunset clause which states that the legal BAC will revert to 0.10 on October 1, 2013.
6In New York, administrative license suspension lasts until prosecution is complete.
7In Tennessee, the open container law does not prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting passengers from possessing an open container.
©1996-2004,
Insurance Institute for Highway Safety, Highway Loss Data
Institute |
Copyright and Use of Images Notice
Last modified:
26-Mar-2004
The above chart is provided by OHS, Inc. to you through the courtesy of The Insurance Institute for Highway Safety, Highway Loss Data Institute | http://www.highwaysafety.org
Last modified: 26-Mar-200
Please note, that this information is for general informational purposes only and is subject to change without notice. At any given time one or more states may be reviewing or revising their drunk driving laws, and the legal limits they set for BAC while operating a motor vehicle. Therefore, if you need this information for legal purposes, please confirm the information shown above for your state with your state's own department of transportation or with a state or local police agency.
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