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"Approximately 1.5 million drivers were arrested in 2002 for driving under the influence of alcohol or narcotics."
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DUI / DWI Laws by State

All 50 states and the District of Columbia 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.

License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Administrative license suspension laws are in place in 41 states and the District of Columbia.

Some offenders in 46 states and the District of Columbia are permitted 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.

In 32 states, multiple offenders may have to forfeit their vehicles.

Laws prohibiting the driver, passengers, or both from possessing an open container of alcohol in the passenger compartment of a vehicle are in place in 43 states and the District of Columbia.

DUI-DWI Laws by State
State	BAC defined as illegal Per Se	Administrative license suspension 1st offense?	Restore driving privileges during suspension?	Do penalties include interlock	Open container laws
Alabama	0.08	90 days	No	No	Driver; Passenger
Alaska	0.08	90 days	after 30 days¹	Yes	Driver
Arizona	0.08	90 days	after 30 days¹	Yes	Driver; Passenger
Arkansas	0.08	120 days	Yes ¹	Yes	No
California	0.08	4 months	after 30 days¹	Yes	Driver; Passenger
Colorado	0.08	3 months	Yes ¹	Yes	Driver; Passenger
Connecticut	0.08	90 days	Yes ¹	Yes	No
Delaware	0.08	3 months	No	Yes	No
District of Columbia	0.08	2-90 days	Yes ¹	Yes	Driver; Passenger
Florida	0.08	6 months	after 30 days¹	Yes	Driver; Passenger
Georgia	0.08	1 year	Yes¹	Yes	Driver; Passenger
Hawaii	0.08	3 months	after 30 days¹	No	Driver; Passenger
Idaho	0.08	90 days	after 30 days¹	Yes	Driver; Passenger
Illinois	0.08	3 months	after 30 days¹	Yes	Driver; Passenger
Indiana	0.08	180 days	after 30 days¹	Yes	Driver; Passenger
Iowa	0.08	180 days	after 90 days¹	Yes	Driver; Passenger
Kansas	0.08	30 days	No	Yes	Driver
Kentucky	0.08	No	not applicable	Yes	Driver; Passenger
Louisiana	0.08	90 days	after 30 days¹	Yes	Driver; Passenger
Maine	0.08	90 days	Yes¹	Yes	Driver; Passenger
Maryland	0.08	45 days	Yes¹	Yes	Driver; Passenger
Massachusetts	0.08	90 days	No	Yes	Driver; Passenger
Michigan	0.08	No	Not applicable	Yes	Driver; Passenger
Minnesota	0.08	90 days	After 15 days¹	Yes	Driver; Passenger
Mississippi	0.08	90 days	No	Yes	No
Missouri	0.08	30 days	No	Yes	No
Montana	0.08	No	Not applicable	Yes	Driver; Passenger
Nebraska	0.08	90 days	After 30 days¹	Yes	Driver; Passenger
Nevada	0.08	90 days	After 45 days¹	Yes	Driver; Passenger
New Hampshire	0.08	6 months	No	Yes	Driver; Passenger
New Jersey	0.08	No	Not applicable	Yes	Driver; Passenger
New Mexico	0.08	90 days	After 30 days¹	Yes	Driver; Passenger
New York	0.08	variable³	Yes¹	Yes	Driver; Passenger
North Carolina	0.08	30 days	After 10 days¹	Yes	Driver; Passenger
North Dakota	0.08	91 days	After 30 days¹	Yes	Driver; Passenger
Ohio	0.08	90 days	After 15 days¹	Yes	Driver; Passenger
Oklahoma	0.08	180 days	Yes¹	Yes	Driver
Oregon	0.08	90 days	After 30 days¹	Yes	Driver; Passenger
Pennsylvania	0.08	No	Not applicable	Yes	Driver; Passenger
Rhode Island	0.08	No	Not applicable	Yes	Driver
South Carolina	0.08	No	Not applicable	Yes	Driver; Passenger
South Dakota	0.08	No	Not applicable	Yes	Driver; Passenger
Tennessee	0.08	No	Not applicable	Yes	Driver⁴
Texas	0.08	90 days	Yes¹	Yes	Driver; Passenger
Utah	0.08	90 days	No	Yes	Driver; Passenger
Vermont	0.08	90 days	No	No	Driver; Passenger
Virginia	0.08	7 days	No	Yes	No
Washington	0.08	90 days	After 30 days¹	Yes	Driver; Passenger
West Virginia	0.08	6 months	After 30 days¹	Yes	No
Wisconsin	0.08	6 months	Yes¹	Yes	Driver; Passenger
Wyoming	0.08	90 days	Yes¹	Yes	Driver; Passenger

¹ Drivers usually must demonstrate special hardship to justify restoring privileges during suspension, and then privileges often are restricted.

² The 0.08 per se BAC law in Michigan contains a sunset clause which states that the legal BAC will revert to 0.10 on October 1, 2013.

³ In New York, administrative license suspension lasts until prosecution is complete.

⁴ In Tennessee, municipalities and counties can prohibit passengers from possessing an open container.

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DUI / DWI Laws by State

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