.08% Legal BAC Limit:
All 50 states and the Washington D.C. 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.
Administrative License Suspension (ALS) / Revocation (ALR):
License suspension or revocation traditionally follows conviction for drunk driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. 41 states and Washington D.C. have administrative license suspension laws.
Ignition Interlocks:
46 states and the Washington D.C. 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.
Vehicle Forfeiture:
In 31 states and Washington D.C. multiple offenders may forfeit vehicles that are operated while the driver is impaired by alcohol.
Open Container Laws:
43 states and the 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
|
Administrative License Suspension?
|
May Driving Privileges be Restored During Suspension?*
|
“Do Penalties Include Ignition Interlock?
|
Do Penalties Include Vehicle Forfeiture?
|
Open container laws?
|
|
Alabama
|
90 Days
|
No
|
No
|
No
|
Driver & Passenger
|
|
Alaska
|
90 Days
|
After 30 Days
|
Yes
|
Yes
|
Driver
|
|
Arizona
|
90 Days
|
After 30 Days
|
Yes
|
Yes
|
Driver & Passenger
|
|
Arkansas
|
120 Days
|
Yes
|
Yes
|
Yes
|
—
|
|
California
|
4 Months
|
After 30 Days
|
Yes
|
Yes
|
Driver & Passenger
|
|
Colorado
|
3 Months
|
Yes
|
Yes
|
No
|
Driver & Passenger
|
|
Connecticut
|
90 Days
|
Yes
|
No
|
No
|
—
|
|
Delaware
|
3 Months
|
No
|
Yes
|
No
|
—
|
|
Florida
|
6 Months
|
After 30 Days
|
Yes
|
Yes
|
Driver & Passenger
|
|
Georgia
|
1 Year
|
Yes
|
Yes
|
Yes
|
Driver & Passenger
|
|
Hawaii
|
3 Months
|
After 30 Days
|
Yes
|
No
|
Driver & Passenger
|
|
Idaho
|
90 Days
|
After 30 Days
|
Yes
|
No
|
Driver & Passenger
|
|
Illinois
|
3 Months
|
After 30 Days
|
Yes
|
Yes
|
Driver & Passenger
|
|
Indiana
|
180 Days
|
After 30 Days
|
Yes
|
Yes
|
Driver & Passenger
|
|
Iowa
|
180 Days
|
After 90 Days
|
Yes
|
No
|
Driver & Passenger
|
|
Kansas
|
30 Days
|
No
|
Yes
|
No
|
Driver
|
|
Kentucky
|
—
|
—
|
Yes
|
Yes
|
Driver & Passenger
|
|
Louisiana
|
90 Days
|
After 30 Days
|
Yes
|
Yes
|
Driver & Passenger
|
|
Maine
|
90 Days
|
Yes
|
Yes
|
Yes
|
Driver & Passenger
|
|
Maryland
|
45 Days
|
Yes
|
Yes
|
No
|
Driver & Passenger
|
|
Massachusetts
|
90 Days
|
No
|
Yes
|
Yes
|
Driver & Passenger
|
|
Michigan
|
—
|
—
|
Yes
|
Yes
|
Driver & Passenger
|
|
Minnesota
|
90 Days
|
After 15 Days
|
Yes
|
Yes
|
Driver & Passenger
|
|
Mississippi
|
90 Days
|
No
|
Yes
|
Yes
|
—
|
|
Missouri
|
30 Days
|
No
|
Yes
|
Yes
|
—
|
|
Montana
|
—
|
—
|
Yes
|
Yes
|
Driver & Passenger
|
|
Nebraska
|
90 Days
|
After 30 Days
|
Yes
|
No
|
Driver & Passenger
|
|
Nevada
|
90 Days
|
After 45 Days
|
Yes
|
No
|
Driver & Passenger
|
|
New Hampshire
|
6 Months
|
No
|
Yes
|
No
|
Driver & Passenger
|
|
New Jersey
|
—
|
—
|
Yes
|
No
|
Driver & Passenger
|
|
New Mexico
|
90 Days
|
After 30 Days
|
Yes
|
No
|
Driver & Passenger
|
|
New York
|
Until Prosecution Is Complete
|
Yes
|
Yes
|
Yes
|
Driver & Passenger
|
|
North Carolina
|
30 Days
|
After 10 Days
|
Yes
|
Yes
|
Driver & Passenger
|
|
North Dakota
|
91 Days
|
After 30 Days
|
Yes
|
Yes
|
Driver & Passenger
|
|
Ohio
|
90 Days
|
After 15 Days
|
Yes
|
Yes
|
Driver & Passenger
|
|
Oklahoma
|
180 Days
|
Yes
|
Yes
|
Yes
|
Driver
|
|
Oregon
|
90 Days
|
After 30 Days
|
Yes
|
Yes
|
Driver & Passenger
|
|
Pennsylvania
|
—
|
—
|
Yes
|
Yes
|
Driver & Passenger
|
|
Rhode Island
|
—
|
—
|
Yes
|
Yes
|
Driver
|
|
South Carolina
|
—
|
—
|
Yes
|
Yes
|
Driver & Passenger
|
|
South Dakota
|
—
|
—
|
No
|
No
|
Driver & Passenger
|
|
Tennessee
|
—
|
—
|
Yes
|
Yes
|
Driver
|
|
Texas
|
90 Days
|
Yes
|
Yes
|
Yes
|
Driver & Passenger
|
|
Utah
|
90 Days
|
No
|
Yes
|
No
|
Driver & Passenger
|
|
Vermont
|
90 Days
|
No
|
No
|
Yes
|
Driver & Passenger
|
|
Virginia
|
7 Days
|
No
|
Yes
|
Yes
|
—
|
|
Washington
|
90 Days
|
After 30 Days
|
Yes
|
Yes
|
Driver & Passenger
|
|
Washington DC
|
2-90 Days
|
Yes
|
Yes
|
No
|
Driver & Passenger
|
|
West Virginia
|
6 Months
|
After 30 Days
|
Yes
|
No
|
—
|
|
Wisconsin
|
6 Months
|
Yes
|
Yes
|
Yes
|
Driver & Passenger
|
|
Wyoming
|
90 Days
|
Yes
|
Yes
|
No
|
Driver & Passenger
|
| * Special hardship must usually be demonstrated to justify restoring privileges during suspension. Restored driving privileges are often are restricted. | |||||
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