DUI Punishments and Consequences

.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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