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Drunk Driving Laws
Laws provide many tools to combat drunk driving. Administrative License Suspensions allow licenses to be seized during an arrest. States use .08 Blood Alcohol Concentration (BAC) to determine drunk driving, and many have increased penalties for drivers with high BAC levels. A federal program offers incentives to states that adopt open container and repeat offender laws.
Drunk driving penalties can affect a driver's vehicle or license plates and include installation of ignition interlock devices. Alcohol Exclusion Laws let insurance companies deny payment for treatment of drunk drivers' injuries, but have limited doctors' abilities to diagnose alcohol problems and recommend treatment. States have been repealing such laws.
Highlights of current state drunk driving laws include the following:
- 12 states (Alaska, Arizona, Arkansas, Colorado, Hawaii, Illinois, Louisiana, Nebraska, New Mexico, New York, Utah and Washington) have made ignition interlocks mandatory or highly incentivized for all convicted drunk drivers, even first-time offenders.
- 44 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands all have some type of Administrative License Revocation on the first offense.
- 42 states, the District of Columbia and Guam have increased penalties for high BAC.
| State | Admin. License Suspen- sion on 1st Offense |
Limited Driving Privileges During Sus- pension |
Inc. Penalty for High BAC | Open Cont- ainer Laws |
Repeat Offender Laws | Vehicle and License Plate Sanctions | Ignition Interlocks | Alcohol Exclu- sion Laws Limiting Treatment Oppor- tunity |
| Ala. | 90 days | Yes | Yes | Yes | ||||
| Alaska | 90 days | After 30 days | .15 (at judges' disc.) |
Yes (does not meet federal reqs.) |
Yes (does not meet federal reqs.) |
Vehicle impoundment | Mandatory for all convictions | Yes |
| Ariz. | 90 days | After 30 days | .15 | Yes | Yes | Immobilization or impoundment | Mandatory for all convictions | Yes |
| Ark. | 6 months | Yes | .15 | Yes | Vehicle confiscation | Mandatory for all convictions | Yes | |
| Calif. | 4 months | After 30 days | .15 | Yes | Impoundment, vehicle confiscation | Discretion- ary Mandatory for all convictions in Alameda, Los Angeles, Tulare and Sacramento counties (pilot project) |
Yes | |
| Colo. | 3 months | Yes | .17 | Yes | Yes | Highly incentivized for all convictions | ||
| Conn. | 90 days | Yes | .16 | Yes | Discretion- ary |
|||
| Del. | 3 months | .16 (.20) | Yes | Vehicle sanction and license plate impoundment | Mandatory for high BAC (>.15) and repeat convictions | Yes | ||
| D.C. | 2-90 days or until disposition | Yes | Yes | Yes | Yes | Discretion- ary |
||
| Fla. | 6 months for DUBAL | After 30 days | .20 | Yes | Yes | Impoundment, vehicle forfeiture | Mandatory for high BAC (>.15) convictions | Yes |
| 12 months for refusal | After 90 days | |||||||
| Ga. | 1 year | Yes | .15 | Yes | Yes | Vehicle confiscation | Discretion- ary |
Yes |
| Guam | From .08 to .10 | Yes | Yes | |||||
| Hawaii | 3 months | After 30 days | .15 | Yes | Yes | Mandatory for all convictions (expected to be eff. 2011) |
Yes | |
| Idaho | 90 days | After 30 days | .20 | Yes | Yes | Discretion- ary |
Yes | |
| Ill. | 3 months | After 30 days | .16 | Yes | Yes | Impoundment, vehicle confiscation | Mandatory for all convictions | |
| Ind. | 180 days | After 30 days | .15 | Yes | Yes | Vehicle confiscation | Discretion- ary |
|
| Iowa | 180 days | After 30 days | .15 | Yes | Yes | Discretion- ary |
||
| Kan. | 30 days | .15 | Yes | Yes | Mandatory for high BAC (>.15) and repeat convictions | Yes | ||
| Ky. | Yes | Yes - Hardship license | .18 | Yes | Yes | Impoundment | Discretion- ary |
Yes |
| La. | 90 days | After 30 days | .15 | Yes (does not meet federal reqs.) |
Vehicle confiscation | Mandatory for all convictions | Yes | |
| Maine | 90 days | Yes | .15 | Yes | Yes | Vehicle confiscation | Discretion- ary |
|
| Md. | 45 days | Yes | Yes | Yes | Discretion- ary |
|||
| Mass. | 90 days | Yes | .20 (applies to ages 17-21) | Yes | Yes | Vehicle Confiscation | Two offenses or higher | Yes |
| Mich. | After 30 days | Yes | Yes | Vehicle confiscation | Discretion- ary |
Yes | ||
| Minn. | 90 days | After 15 days | .20 | Yes | Impoundment, vehicle confiscation,
special plates/ markings |
Discretion- ary |
Yes | |
| Miss. | 90 days | Yes | Impoundment, vehicle confiscation | Mandatory for repeat convictions | Yes | |||
| Mo. | 90 days | After 30 days | Yes | Vehicle forfeiture or impoundment (cities w/ 100,000+ allowed to enact ordinance) | Mandatory for repeat convictions | Yes | ||
| Mont. | Yes | Yes | Impoundment, vehicle confiscation | Mandatory for repeat convictions | Yes | |||
| Neb. | 90 days | After 30 days | .15 | Yes | Yes | Vehicle immobilization, continuous alcohol monitoring | Mandatory for all convictions | Yes |
| Nev. | 90 days | After 45 days | .18 | Yes | Yes | Discretion- ary |
||
| N.H. | 6 months | .16 | Yes | Yes | Mandatory for high BAC convictions | Yes | ||
| N.J. | Yes | Yes | Yes | Mandatory for high BAC (>.15) and repeat convictions | Yes | |||
| N.M. | <21: 1 yr.; >21: 6 mo. |
After 30 days | .16 (w/ mand. jail on all offenses) | Yes | Immobolization of vehicle for driving while revoked | Mandatory for all convictions | Yes | |
| N.Y. | Variable | Yes | .18 | Yes | Yes | Vehicle confiscation | Mandatory for all convictions | Yes |
| N.C. | 30 days | After 10 days | .15 | Yes | Yes | Vehicle confiscation | Mandatory for high BAC (>.16) and repeat convictions | |
| N.D. | 91 days | After 30 days | .18 | Yes | Yes | Vehicle confiscation, license plate removal | Discretion- ary |
Yes |
| M.P. | 30 days - <6 months |
Yes | Yes | |||||
| Ohio | 90 days | After 15 days | .17 | Yes | Yes | Impoundment, vehicle confiscation or immobilization, restricted plates | Discretion- ary |
Yes |
| Okla. | 180 days | Yes | .15 | Yes | Yes | Mandatory for repeat convictions | Yes | |
| Ore. | 90 days | After 30 days | .15 | Yes | Yes | Impoundment, Vehicle Confiscation | Mandatory upon reinstate- ment |
|
| Pa. | .16 (>.16) | Yes | Yes | Discretion- ary |
Yes | |||
| R.I. | .1 - less than .15 (.15 and higher) |
Yes | Judicial discretion on 3rd or subsequent conviction | Judicial discretion on 3rd or subsequent conviction | ||||
| S.C. | Yes | Yes | Yes | Yes | Yes | Vehicle confiscation | Mandatory for repeat convictions | Yes |
| S.D. | 30 days | Yes | .17 | Yes | ||||
| Tenn. | .20 | Yes | Yes | Vehicle confiscation | Discretion- ary |
Yes | ||
| Texas | 90 days if .08 or greater; 180 days for refusal | Yes | .15 | Yes | Yes | Vehicle confiscation | Mandatory for repeat convictions | Yes |
| Utah | 120 days | .16 | Yes | Yes | Impoundment | Mandatory for all convictions | Yes | |
| Vt. | 90 days | Yes | Impoundment, vehicle confiscation | Yes | ||||
| V.I. | Variable | Yes | Revoke license plate | |||||
| Va. | 7 days | .15 | Yes | Vehicle confiscation | Mandatory for high BAC (>.15) and repeat convictions | Yes | ||
| Wash. | 90 days | With an ignition interlock driver’s license | .15 | Yes | Yes | Impoundment | Mandatory for all convictions | Yes |
| W.Va. | 6 months | After 30 days | .15 | Yes | Mandatory for high BAC (>.15) convictions | Yes | ||
| Wis. | 6 months | Yes | .17 (.20)(.25) | Yes | Yes | Impoundment, vehicle seizure/ forfeiture |
Mandatory for high BAC (>.15) and repeat convictions | Yes |
| Wy. | 90 days | Yes | Yes | Mandatory for high BAC (>.15) and repeat convictions | Yes | |||
| Totals | 44 States + D.C., Northern Mariana Islands, Virgin Islands | 38 States + D.C., Virgin Islands | 42 States + D.C., Guam | 43 States + D.C., Guam, Northern Mariana Islands | 42 States + D.C., Guam, Northern Mariana Islands | Varies | All convictions: 12 States High BAC conviction: 10 States Repeat conviction: 14 States Upon reinstate- ment: 1 State |
Alcohol Exclusion Laws: 38 States |
Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), National Conference of State Legislatures (NCSL) and State Highway Safety Offices.