Drunk Driving Laws and Penalties by State

July 2018

Drunk Driving Laws and Penalties by State 2

Overview Drunk driving charges can affect people from all walks of life. Those arrested for driving under the influence (DUI) are often people who have no other history with the criminal justice system, and who want to know what the potential penalties may be if they are convicted.

Per Se DUI Offenses The chart below lists minimum penalties for the per se offense of driving with a blood alcohol concentration (BAC) over the legal limit, which is usually .08% for adults, .04% for commercial drivers, and .02% or zero tolerance for under age 21. Note that it is still possible to be charged with and convicted of a drunk driving offense in many states even with a BAC below the per se offense level. Law enforcement can often consider other factors, such as a driver’s demeanor or a BAC reading above a certain level but below .08% in arresting and charging individuals for drunk driving. Further, while some states use terms such as DWI or OWI to refer to the per se offense, these terms are often used interchangeably with “DUI,” which is the term the chart below uses.

Implied Consent Every state has implied consent laws on the books, which essentially state that when individuals apply for drivers’ licenses, they consent to provide law enforcement with a sample of breath, blood, or urine following a DUI arrest in order to measure their BAC. Refusing to submit to chemical testing following an arrest for drunk driving can carry significant penalty increases for drivers who are convicted.

License Suspensions & Ignition Interlock Devices While most states impose lengthy license suspensions or revocations for drivers convicted of DUI, recent years have seen a trend toward somewhat less harsh suspensions but requiring DUI offenders to use ignition interlock devices (IIDs). These devices are installed in a person’s vehicle and require the driver to provide a breath sample to ensure their sobriety before they get behind the wheel. There are often significant costs associated with installing and using an IID, and in many states there are substantial penalties for tampering with the device or having a person other than the offender provide the breath sample.

Enhanced Penalties for High BAC & Child Endangerment Another trend across many states has been to impose much stiffer penalties for drivers with a high BAC (often .15% or above), or those who have minors in the vehicle at the time of their arrest. This can mean more jail time, bigger fines, and longer license suspensions. DUIs involving accidents or injuries also generally carry harsher penalties than a conviction for just drunk driving.

Administrative Penalties

Drunk Driving Laws and Penalties by State 3

In addition to the criminal penalties listed below, most states have a parallel administrative process whereby the DMV imposes a license suspension (in addition to the temporary and immediate loss of driving privileges that typically follows a DUI arrest) which may apply in addition to any criminal suspension. Where applicable and available, information regarding those administrative penalties is included below.

Federal DUI Charges DUIs are typically charged under state law, though it is possible to get a DUI under federal law if you are caught driving drunk on federal land, which includes national parks, military bases, and airports. Implied consent laws apply in this situation, and penalties can include up to six months in jail, up to $5,000 in fines, and license suspension in the state(s) in which you are licensed to drive.

State Laws

State Description

Alabama • Legal Alcohol Limit: .08% BAC; .02% for under 21 or school bus or day care driver

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (1-year maximum) • Minimum Fine for First Offense: $600 • Minimum License Suspension/IID for First Offense: 90-day suspension

or IID for 6 months • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

AL Code §§ 32-5A-191; 32-5A-304

Alaska • Legal Alcohol Limit: .08% BAC per test within 4 hours of operating vehicle

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 72 hours • Minimum Fine for First Offense: $1,500 • Minimum License Suspension/IID for First Offense: 90-day suspension

(restricted license possible after 30 days); IID for 6 months • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

AK Stat §§ 28.35.030; 28.35.031; 28.15.181; 11.51.100

Drunk Driving Laws and Penalties by State 4

Arizona • Legal Alcohol Limit: .08% BAC within 2 hours of driving or being in actual physical control of vehicle

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 24 hours • Minimum Fine for First Offense: $250 • Minimum License Suspension/IID for First Offense: 90-day suspension

(restricted license possible); IID for 12 months (possibly reduced to 6 months if certain conditions met)

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

AZ Rev Stat §§ 28-1381, et seq.; 28-1321; 28-3319

Arkansas • Mandatory Alcohol Limit: .08% BAC if operating or in actual physical control of vehicle

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 24 hours (possibility of community

service instead) • Minimum Fine for First Offense: $150 • Minimum License Suspension/IID for First Offense: 6-month

suspension; restricted/IID license possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

AR Code §§ 5-65-103, et seq.

California • Legal Alcohol Limit: .08% BAC per chemical test within 3 hours of operating vehicle; .04% for commercial drivers

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 96 hours (48 hours continuous);

probation possible in lieu of jail time • Minimum Fine for First Offense: $390 • Minimum License Suspension/IID for First Offense: 4-month

administrative and/or 6-month criminal suspension; restricted license possible during suspension; IID possible in certain counties

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

CA Veh Code §§ 23152, et seq.; 23536, et seq.; 13352; 23572; 23578; 23612

Colorado • Legal Alcohol Limit: .08% BAC within two hours of driving; under age 21 is .02%

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 5 days • Minimum Fine for First Offense: $600

Drunk Driving Laws and Penalties by State 5

• Minimum License Suspension/IID for First Offense: 90-day administrative suspension; 9-month criminal suspension; IID/early reinstatement possible

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes (child abuse offense)

CO Rev Stat §§ 42-4-1301, et seq.; 42-2-126, et seq.; 18-6-401

Connecticut • Legal Alcohol Limit: .08% BAC while operating vehicle: .04% for commercial drivers; .02% for under 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 2 days (or 100 hours community

service) • Minimum Fine for First Offense: $500 • Minimum License Suspension/IID for First Offense: 45-day suspension

and IID for 6-12 months; restricted license possible • Increased Penalties for High BAC: N/A • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

CT Gen Stat §§ 14-227a, et seq.

Delaware • Legal Alcohol Limit: .08% BAC within 4 hours of driving, operating, or having physical control of the vehicle; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (12-month maximum) • Minimum Fine for First Offense: $500 • Minimum License Suspension/IID for First Offense: 3-month

administrative suspension; 12 to 24-month criminal suspension based on BAC; restricted/IID license possible during suspension; IID mandatory if convicted

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

21 DE Code §§ 4177, et seq.; 2740, et seq.

District of Columbia

• Legal Alcohol Limit: 08% BAC or .10% in urine while operating or in physical control of vehicle; .04% BAC or .10% in urine for commercial; zero tolerance under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (180-day maximum) • Minimum Fine for First Offense: $500 • Minimum License Suspension/IID for First Offense: 6-month

suspension • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: No

Drunk Driving Laws and Penalties by State 6

• Child Endangerment Penalties: Yes DC Code §§ 50–2206.01, et seq.; 50–1905

Florida • Legal Alcohol Limit: .08% BAC while driving or in physical control of vehicle

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 8 hours in custody • Minimum Fine for First Offense: $500 • Minimum License Suspension/IID for First Offense: 6-month

suspension; restricted/IID license possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes (or DUI school) • Child Endangerment Penalties: Yes

FL Stat §§ 316.193; 322.26, et seq.

Georgia • Legal Alcohol Limit: .08% BAC within 3 hours of driving or being in actual physical control of vehicle; 04% for commercial drivers; .02% for under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 24 hours • Minimum Fine for First Offense: $300 • Minimum License Suspension/IID for First Offense: 1-year suspension;

restricted license/IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

GA Code §§ 40-6-391, et seq.; 40-5-63; 40-5-67.1

Hawaii • Legal Alcohol Limit: .08% BAC within 3 hours of operating or having actual physical control of vehicle; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 48 hours • Minimum Fine for First Offense: $150 • Minimum License Suspension/IID for First Offense: 90-day suspension;

IID/restricted license possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

HI Rev Stat §§ 291E-1, et seq.

Idaho • Legal Alcohol Limit: .08% BAC while driving or in actual physical control of vehicle; .04% for commercial drivers; .02% for under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (6-month maximum) • Minimum Fine for First Offense: N/A ($1,000 maximum)

Drunk Driving Laws and Penalties by State 7

• Minimum License Suspension/IID for First Offense: 90-day suspension with restricted license possible after 30 days; IID possible during/in addition to suspension

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

ID Code §§ 18-8002, et seq., 18-1501

Illinois • Legal Alcohol Limit: .08% BAC; .04% for commercial drivers; zero tolerance under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 5 days (or 240 hours community

service) • Minimum Fine for First Offense: $750 • Minimum License Suspension/IID for First Offense: 6-month

administrative suspension; 1-year criminal suspension; restricted license/IID possible during suspension

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

625 ILCS 5/11-501, et seq.

Indiana • Legal Alcohol Limit: .08% BAC; .04% for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (60-day maximum) • Minimum Fine for First Offense: N/A ($500 maximum) • Minimum License Suspension/IID for First Offense: 180-day

administrative license suspension with restricted license possible; IID possible

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: N/A • Child Endangerment Penalties: Yes

IN Code §§ 9-30-5-1, et seq.

Iowa • Legal Alcohol Limit: .08% BAC; .02% under age 21 • Implied Consent Law: Yes • Minimum Jail Time for First Offense: 48 hours • Minimum Fine for First Offense: $1,250 (possible to substitute

community service) • Minimum License Suspension/IID for First Offense: 180-day

suspension; restricted license/IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes (child abuse offense)

Drunk Driving Laws and Penalties by State 8

IA Code §§ 321J.1, et seq., 726.6

Kansas • Legal Alcohol Limit: .08% BAC within 3 hours of driving; .04% for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 48 hours (possible to substitute

community service) • Minimum Fine for First Offense: $750 • Minimum License Suspension/IID for First Offense: 30-day suspension

followed by restricted license/IID for 180 days • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

KS Stat §§ 8-1001, et seq., 8-1567, 8-1567a

Kentucky • Legal Alcohol Limit: .08% BAC within 2 hours of driving; .04% for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 48 hours (possible to substitute

community service) • Minimum Fine for First Offense: $200 (possible to substitute community

service) • Minimum License Suspension/IID for First Offense: 30-day suspension

(restricted/IID license possible), followed by IID for 6 months • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

KY Rev Stat §§ 189A.005, et seq.

Louisiana • Legal Alcohol Limit: .08% BAC while operating vehicle; .04% for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 48 hours (possible to substitute

community service) • Minimum Fine for First Offense: $300 • Minimum License Suspension/IID for First Offense: 90-day suspension;

restricted license/IID possible after 30 days • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

LA Rev Stat §§ 14:98, et seq.

Maine • Legal Alcohol Limit: .08% BAC while operating vehicle; zero tolerance under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (364-day maximum)

Drunk Driving Laws and Penalties by State 9

• Minimum Fine for First Offense: $500 • Minimum License Suspension/IID for First Offense: 150-day

suspension; restricted license/IID possible after 30 days • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

29-A ME Rev Stat §§ 2411, et seq.

Maryland • Legal Alcohol Limit: .08% BAC • Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (1-year maximum) • Minimum Fine for First Offense: N/A ($1,000 maximum) • Minimum License Suspension/IID for First Offense: 180-day

suspension (IID possible instead of suspension); IID required for 6 months • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

MD Transp Code §§ 21-902, et seq., 16-205, et seq.

Massachusetts • Legal Alcohol Limit: .08% BAC; .02% under age 21 • Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (2.5-year maximum) • Minimum Fine for First Offense: $500 • Minimum License Suspension/IID for First Offense: 1-year suspension;

restricted license possible after 3 months • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

MA Gen L Ch 90 §§ 24, et seq.

Michigan • Legal Alcohol Limit: .08% BAC; .04% for commercial drivers; .02% for under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (93-day maximum) • Minimum Fine for First Offense: $100 • Minimum License Suspension/IID for First Offense: 30-day suspension

followed by 150-day restricted license; IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

MI Comp L §§ 257.625, et seq.

Minnesota • Legal Alcohol Limit: .08% BAC within 2 hours of driving; .04% for commercial drivers; zero tolerance under age 21

• Implied Consent Law: Yes

Drunk Driving Laws and Penalties by State 10

• Minimum Jail Time for First Offense: N/A (90-day maximum) • Minimum Fine for First Offense: N/A ($1,000 maximum) • Minimum License Suspension/IID for First Offense: 90-day suspension;

restricted/IID license possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

MN Stat §§ 169A.01, et seq., 171.306

Mississippi • Legal Alcohol Limit: .08% BAC while operating or in physical control of vehicle; .04% for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (48-hour maximum; court

may substitute victim impact panel) • Minimum Fine for First Offense: $250 • Minimum License Suspension/IID for First Offense: 120-day

suspension; restricted/IID license possible • Increased Penalties for High BAC: N/A • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

MS Code §§ 63-11-1, et seq.

Missouri • Legal Alcohol Limit: .08% BAC; .04% for commercial drivers • Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (6-month maximum) • Minimum Fine for First Offense: N/A ($500 maximum) • Minimum License Suspension/IID for First Offense: 30-day suspension

followed by possible 60-day IID/restricted license • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

MO Rev Stat §§ 577.010, et seq., 302.525, 302.580

Montana • Legal Alcohol Limit: .08% BAC while operating or in actual physical control of vehicle; .04% for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 24 hours • Minimum Fine for First Offense: $600 • Minimum License Suspension/IID for First Offense: 6-month

suspension; restricted license/IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

MT Code §§ 61-8-401, et seq., 61-8-714, et.seq., 61-5-208

Drunk Driving Laws and Penalties by State 11

Nebraska • Legal Alcohol Limit: .08% BAC while operating or in actual physical control of vehicle; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 7 days • Minimum Fine for First Offense: $500 • Minimum License Suspension/IID for First Offense: 6-month

suspension; restricted license/IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

NE Code §§ 60-6,196, et seq., 28-106, 28-1254

Nevada • Legal Alcohol Limit: 08% BAC within 2 hours of operating or being in actual physical control of vehicle; .04% for commercial drivers, .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 2 days (possible to substitute

community service) • Minimum Fine for First Offense: $400 • Minimum License Suspension/IID for First Offense: 90-day suspension;

restricted license/IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

NV Rev Stat §§ 484C.010, et seq., 483.62

New Hampshire • Legal Alcohol Limit: .08% BAC; .04% for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A • Minimum Fine for First Offense: $500 • Minimum License Suspension/IID for First Offense: 9-month criminal

suspension; 6-month administrative suspension; restricted/IID license possible during suspension

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

NH Rev Stat §§ 265-A:1, et seq.

New Jersey • Legal Alcohol Limit: .08% BAC; .04% for commercial; .01% for under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 12 hours • Minimum Fine for First Offense: $250

Drunk Driving Laws and Penalties by State 12

• Minimum License Suspension/IID for First Offense: 3-month suspension; restricted license/IID possible

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

NJ Rev Stat §§ 39:4-50, et seq., 39:3-10.13

New Mexico • Legal Alcohol Limit: .08% BAC within 3 hours of driving; .04% for commercial drivers; .02% for under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (24 hours community service) • Minimum Fine for First Offense: $300 • Minimum License Suspension/IID for First Offense: 6-month

suspension; IID required for 1 year • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes (child abuse offense)

NM Stat §§ 66-8-102, et seq., 66-5-29, et seq., 30-6-1

New York • Legal Alcohol Limit: .08% BAC; .04% for commercial drivers; .02% for under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (1-year maximum) • Minimum Fine for First Offense: $500 • Minimum License Suspension/IID for First Offense: 6-month

revocation (restricted license possible); IID required • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

NY Veh & Traf L §§ 1192, et seq.

North Carolina • Legal Alcohol Limit: .08% BAC at any relevant time after driving; .04% for commercial drivers; zero tolerance under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 24 hours (possible to substitute

community service) • Minimum Fine for First Offense: N/A ($200 maximum) • Minimum License Suspension/IID for First Offense: 30-day automatic

suspension; 1-year criminal suspension; restricted license/IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes, if put on probation • Child Endangerment Penalties: Yes

NC Gen Stat §§ 20-138.1, et seq., 20-179, et seq., 20-16.2, et seq.

Drunk Driving Laws and Penalties by State 13

North Dakota • Legal Alcohol Limit: .08% BAC within 2 hours of driving or being in actual physical control of vehicle; .04 for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A • Minimum Fine for First Offense: $500 • Minimum License Suspension/IID for First Offense: 91-day suspension;

restricted license/IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

N.D. Cen Code §§ 39-08-01, et seq., 39-06.1-10, et seq.

Ohio • Legal Alcohol Limit: .08% BAC; .02% under age 21 • Implied Consent Law: Yes • Minimum Jail Time for First Offense: 72 hours (possible to substitute

community/intervention program) • Minimum Fine for First Offense: $375 • Minimum License Suspension/IID for First Offense: 90-day

administrative suspension; 1-year criminal suspension; restricted license/IID possible

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: May be ordered as an

alternative to jail time • Child Endangerment Penalties: Yes (child abuse offense)

Ohio Rev Code §§ 4511.19, et seq., 4510.02, et seq., 5119.38, 2919.22

Oklahoma • Legal Alcohol Limit: .08% BAC while driving or in actual physical control of vehicle per test within two hours of arrest; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 10 days • Minimum Fine for First Offense: N/A ($1,000 maximum) • Minimum License Suspension/IID for First Offense: 180-day

revocation; restricted license/IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

47 OK Stat §§ 47-11-902, 47-6-205, et seq.

Oregon • Legal Alcohol Limit: .08% BAC while driving • Implied Consent Law: Yes • Minimum Jail Time for First Offense: 48 hours (possible to substitute

community service) • Minimum Fine for First Offense: $1,000

Drunk Driving Laws and Penalties by State 14

• Minimum License Suspension/IID for First Offense: 90-day administrative suspension; 1-year criminal suspension; restricted license/IID possible during suspension; IID required for 1 year after suspension

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

OR Rev Stat §§ 813.010, et seq., 809.428

Pennsylvania • Legal Alcohol Limit: .08% BAC within two hours of driving or being in actual physical control of vehicle; .04% for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (6 months probation) • Minimum Fine for First Offense: $300 • Minimum License Suspension/IID for First Offense: N/A; IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

75 PA Cons Stat §§ 3802, et seq., 1547

Rhode Island • Legal Alcohol Limit: .08% BAC • Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (10 hours community service) • Minimum Fine for First Offense: $100 • Minimum License Suspension/IID for First Offense: 30-day suspension

(restricted license/IID possible); IID for 3 months • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: No • Child Endangerment Penalties: Yes

RI Gen L §§ 31-27-2, et seq.

South Carolina • Legal Alcohol Limit: .08% BAC • Implied Consent Law: Yes • Minimum Jail Time for First Offense: 48 hours (possible to substitute

community service) • Minimum Fine for First Offense: $400 • Minimum License Suspension/IID for First Offense: 6-month

suspension; restricted license/IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

SC Code §§ 56-5-2933, et seq.

Drunk Driving Laws and Penalties by State 15

South Dakota • Legal Alcohol Limit: .08% BAC while driving or in actual physical control of vehicle; .04 for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (1 year maximum) • Minimum Fine for First Offense: N/A ($2,000 maximum) • Minimum License Suspension/IID for First Offense: 30-day revocation;

restricted license possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: N/A

SD Codified L §§ 32-23-1, et seq., 22-6-2

Tennessee • Legal Alcohol Limit: 08% BAC while driving or in actual physical control of vehicle; .04 for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 48 hours (possible to substitute

community service) • Minimum Fine for First Offense: $350 • Minimum License Suspension/IID for First Offense: 1-year suspension;

restricted license/IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

TN Code §§ 55-10-401, et seq.

Texas • Legal Alcohol Limit: .08% BAC while operating a motor vehicle in a public place; .04% for commercial drivers; zero tolerance under age 21

• Implied Consent Law: • Minimum Jail Time for First Offense: 72 hours • Minimum Fine for First Offense: N/A ($2,000 maximum) • Minimum License Suspension/IID for First Offense: 90-day suspension;

restricted license/IID possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: No • Child Endangerment Penalties: Yes

Tex. Stat Penal Code §§ 10-49.01, et seq., 3-12.22; Alc Bev Code § 4-106.41; Transp Code §§ 7-B-524.001, et seq., §§ 7-B-521.242, et seq.

Utah • Legal Alcohol Limit: .08% BAC while operating or in actual physical control of vehicle; 04% for commercial drivers; zero tolerance under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 48 hours (possible to substitute

community service) • Minimum Fine for First Offense: $700

Drunk Driving Laws and Penalties by State 16

• Minimum License Suspension/IID for First Offense: 120-day suspension; restricted license/IID possible

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

UT Code §§ 41-6a-501, et seq.

Vermont • Legal Alcohol Limit: .08% BAC while operating, attempting to operate, or in actual physical control of vehicle; .04% for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (2-year maximum) • Minimum Fine for First Offense: N/A ($750 maximum) • Minimum License Suspension/IID for First Offense: 90-day suspension;

restricted/IID license possible after 30 days • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: N/A

23 V.S.A. §§ 1200, et seq.

Virginia • Legal Alcohol Limit: .08% BAC while driving or operating a motor vehicle; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A ($2,500 maximum) • Minimum Fine for First Offense: $250 • Minimum License Suspension/IID for First Offense: 7-day

administrative suspension; 1-year criminal revocation; restricted license possible during revocation; IID for 6 months

• Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

VA Code §§ 18.2-266, et seq., 46.2-389, et seq.

Washington • Legal Alcohol Limit: .08% BAC within 2 hours of being in actual physical control of vehicle; .04% for commercial drivers; .02% under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: 24 hours (possible to substitute

house arrest/sobriety monitoring) • Minimum Fine for First Offense: $350 • Minimum License Suspension/IID for First Offense: 90-day suspension;

restricted license possible during suspension; IID for 1 year • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

WA Rev Code §§ 46.61.502, et seq., 46.20.385, 46.20.720

Drunk Driving Laws and Penalties by State 17

West Virginia • Legal Alcohol Limit: .08% BAC; .02% under age 21 • Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A (6-month maximum) • Minimum Fine for First Offense: $100 • Minimum License Suspension/IID for First Offense: 6-month

revocation or 15-day revocation plus 120-day restricted/IID license • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

WV Code §§ 17C-5-2, et seq., 17C-5A-1, et seq.

Wisconsin • Legal Alcohol Limit: .08% BAC; .04% for commercial drivers; zero tolerance under age 21

• Implied Consent Law: Yes • Minimum Jail Time for First Offense: N/A • Minimum Fine for First Offense: $150 • Minimum License Suspension/IID for First Offense: 6-month

suspension; restricted/IID license possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

WI Stat §§ 343.30, et seq., 346.63, et seq.

Wyoming • Legal Alcohol Limit: .08% BAC within two hours of driving or being in actual physical control of vehicle; .02% under age 21

• Implied Consent Law: • Minimum Jail Time for First Offense: N/A (6-month maximum) • Minimum Fine for First Offense: N/A ($750 maximum) • Minimum License Suspension/IID for First Offense: 90-day suspension;

restricted license possible • Increased Penalties for High BAC: Yes • Mandatory Alcohol Assessment/Treatment: Yes • Child Endangerment Penalties: Yes

WY Stat §§ 31-5-233, 31-5-234, 31-7-127, 31-7-128, 31-7-105

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