DUI / DWI Laws, by State
Washington DC and the other forty-nine states have "per se" laws establishing .08% blood alcohol content (BAC) level where you can be arrested for "driving under the influence" - DUI or DWI.
If driving on Federal property that is managed by Bureau of Land Management (BLM), Department of the Interior (DOI), United States Forest Services (USFS), and locally, roads and land that is part of Golden Gate National Parks, the same BAC levels also apply.
This is also the case if you happen to be stopped by University police for suspected DUI. Stanford University and San Jose State University have campus police who can and will arrest drivers who exceed the basic BAC levels per state law.
The following list reviews illegal per se BAC levels for drivers 21 and over, for all fifty states.
|
State |
BAC |
License suspension 1st offense |
Driving Restoration? |
DUI interlock/forfeiture? |
Open container |
|
Alaska |
0.08 |
90 days |
after 30 days |
yes/yes |
driver |
|
Alabama |
0.08 |
90 days |
no |
no/no |
driver/passenger |
|
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 |
0.08 |
3 months |
yes |
yes/no |
driver/passenger |
|
Connecticut |
0.08 |
90 days |
yes |
yes/no |
- |
|
Delaware |
0.08 |
3 months |
no |
yes/no |
- |
|
District of Columbia |
0.08 |
2-90 days |
yes |
yes/no |
driver/passenger |
|
Florida |
0.08 |
6 months |
after 30 days |
yes/yes |
driver/passenger |
|
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/yes |
driver/passenger |
|
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/passenger |
|
Maine |
0.08 |
90 days |
yes |
yes/yes |
driver/passenger |
|
Maryland |
0.08 |
45 days |
yes |
yes/no |
driver/passenger |
|
Massachusetts |
0.08 |
90 days |
no |
yes/yes |
driver/passenger |
|
Michigan |
0.084 |
- |
- |
yes/yes |
driver/passenger |
|
Minnesota |
0.08 |
90 days |
after 15 days |
yes/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 |
|
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 |
variable5 |
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 |
|
South Carolina |
0.08 |
- |
- |
yes/yes |
driver/passenger |
|
South Dakota |
0.08 |
- |
- |
no/no |
driver/passenger |
|
Tennessee |
0.08 |
- |
- |
yes/yes |
driver6 |
|
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/yes |
- |
|
Washington |
0.08 |
90 days |
after 30 days |
yes/yes |
driver/passenger |
|
West Virginia |
0.08 |
6 months |
after 30 days |
yes/no |
- |
Chart Disclaimer: This chart has been viewed and deemed correct at the time it was copied and published to this website. However, it may not reflect all the laws at the time of viewing. Please check with a qualified DUI / DWI attorney in your state to receive up-to-date information to any and all DUI related laws.
Contact an Established California DUI Lawyer
Shelley D. Dwyer does not believe that it should cost you anything to find out what your rights are. She always offers her clients a free initial consultation, either in person or via telephone, so that everyone can have opportunity to talk to an experienced and caring DUI defense attorney.
If you have been arrested for a DUI anywhere in the San Francisco Bay Area or the San Mateo Peninsula, or anywhere in the state of California, please contact the Law Offices of Shelley D. Dwyer @ 650-367-8500 and schedule an appointment as soon as possible.
DISCLAIMER: The information contained herein is intended for informational purposes only. It is not and should not be construed as legal advice. Laws are subject to change at any time, and the information, as displayed on this website, should be verified by a licensed attorney from the State in which you are seeking legal advice.
Shelley D. Dwyer Serves clients throughout northern California and the Bay Area, including the communities of Alameda, Burlingame, Castro Valley, Cupertino, Foster City, Fremont, Half Moon Bay, Hayward, Los Altos, Menlo Park, Millbrae, Milpitas, Mountain View, Oakland, Pacifica, Palo Alto, Pleasanton, Redwood City, San Bruno, San Carlos, San Francisco, San Jose, San Mateo, Santa Clara, Sunnyvale, Union City, Alameda County, Contra Costa County, Marin County, San Francisco County, San Mateo County, and Santa Clara County, CA.
