DUI/DWI laws
February 2012
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 specified level, currently 0.08 percent (0.08 g alcohol per 100 ml blood).
License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Licenses can also be taken before conviction, under a procedure called administrative license suspension, when a driver fails or refuses to take a chemical test. Because administrative license suspension occurs immediately, it has been found to be more effective than post-conviction sanctions. Administrative license suspension is allowed in 41 states and the District of Columbia.
In many states driving privileges can be restored during a suspension, but drivers usually must demonstrate special hardship, and the restored privileges often come with limitations. For example, a person could be allowed only to drive to work or could be required to install an ignition interlock.
Interlock devices analyze a driver's breath and disable the ignition if the driver has been drinking. More than half of all U.S. states require DUI and DWI offenders to install interlocks on their vehicles in order to drive during a license suspension and/or require the devices for specified time periods before fully relicensing offenders. In 15 states and 4 California counties, such a restriction is applied to all offenders, including first-time offenders. An additional 16 states apply the restriction to offenders with high BACs (usually 0.15 percent or higher) and to repeat offenders, and 6 states apply the restriction only to repeat offenders.
The remaining states don't have mandatory interlock laws, though courts or departments of motor vehicles have the discretion to require them.
| State |
Administrative license suspension 1st offense? |
Restore driving privileges during suspension? |
Are ignition interlocks mandatory under state law for the following offenses? |
| First offenders |
Repeat offenders |
| Alabama |
90 days
|
no
|
high-BAC offenders only
|
yes
|
| Alaska |
90 days
|
after 30 days1
|
all offenders
|
yes
|
| Arizona |
90 days
|
after 30 days1
|
all offenders
|
yes
|
| Arkansas |
6 months
|
yes1
|
all offenders
|
yes
|
| California |
4 months
|
after 30 days1
|
all offenders (in 4 counties)2
|
no
|
| Colorado |
3 months
|
yes1
|
all offenders
|
yes
|
| Connecticut |
90 days
|
yes1
|
all offenders
(effective 12/01/12) |
yes
|
| Delaware |
3 months
|
no
|
high-BAC offenders only
|
yes
|
| District of Columbia |
2-90 days
|
yes1
|
no
|
no
|
| Florida |
6 months
|
after 30 days1
|
high-BAC offenders only
|
yes
|
| Georgia |
1 year
|
yes1
|
no
|
yes3
|
| Hawaii |
3 months
|
after 30 days1
|
all offenders
|
yes
|
| Idaho |
90 days
|
after 30 days1
|
no
|
no
|
| Illinois |
6 months
|
after 30 days1
|
all offenders
|
yes
|
| Indiana |
180 days
|
after 30 days1
|
no
|
no
|
| Iowa |
180 days
|
after 90 days1
|
no
|
no
|
| Kansas |
30 days
|
no
|
all offenders
|
yes
|
| Kentucky |
no
|
not applicable
|
no
|
no
|
| Louisiana |
90 days
|
after 30 days1
|
all offenders
|
yes
|
| Maine |
90 days
|
yes1
|
no
|
no
|
| Maryland |
45 days
|
yes1
|
high-BAC offenders only
|
yes
|
| Massachusetts |
90 days
|
no
|
no
|
yes
|
| Michigan |
no
|
not applicable
|
high-BAC offenders only
|
yes
|
| Minnesota |
90 days
|
after 15 days1
|
high-BAC offenders only
|
yes
|
| Mississippi |
90 days
|
no
|
no
|
no
|
| Missouri |
30 days
|
no
|
no
|
yes
|
| Montana |
no
|
not applicable
|
no
|
yes
|
| Nebraska |
180 days
|
after 30 days1
|
all offenders
|
yes
|
| Nevada |
90 days
|
after 45 days1
|
no
|
no
|
| New Hampshire |
6 months
|
no
|
high-BAC offenders only
|
yes
|
| New Jersey |
no
|
not applicable
|
high-BAC offenders only
|
yes
|
| New Mexico |
6 months
|
yes1
|
all offenders
|
yes
|
| New York |
variable4
|
yes1
|
all offenders
|
yes
|
| North Carolina |
30 days
|
after 10 days1
|
high-BAC offenders only
|
yes
|
| North Dakota |
91 days
|
after 30 days1
|
no
|
no
|
| Ohio |
90 days
|
after 15 days1
|
no
|
no
|
| Oklahoma |
180 days
|
yes1
|
high-BAC offenders only
|
yes
|
| Oregon |
90 days
|
after 30 days1
|
all offenders
|
yes
|
| Pennsylvania |
no
|
not applicable
|
no
|
yes
|
| Rhode Island |
no
|
not applicable
|
no
|
no
|
| South Carolina |
no
|
not applicable
|
no
|
yes
|
| South Dakota |
no
|
not applicable
|
no
|
no
|
| Tennessee |
no
|
not applicable
|
high-BAC offenders only
|
yes
|
| Texas |
90 days
|
yes1
|
high-BAC offenders only5
|
yes
|
| Utah |
120 days
|
no
|
all offenders
|
yes
|
| Vermont |
90 days
|
no
|
no
|
no
|
| Virginia |
7 days
|
no
|
high-BAC offenders only
|
yes
|
| Washington |
90 days
|
yes1
|
all offenders
|
yes
|
| West Virginia |
6 months
|
after 30 days 1
|
high-BAC offenders only
|
yes
|
| Wisconsin |
6 months
|
yes1
|
high-BAC offenders only
|
yes
|
| Wyoming |
90 days
|
yes1
|
high-BAC offenders only
|
yes
|
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