Laws & Penalties DUI & DWI Penalties: Chart of US State Laws

At present, a driver whose blood alcohol content or blood alcohol concentration ("BAC") is 0.08% or higher is guilty of a traffic offense for DUI (driving under the influence) or DWI (driving while intoxicated). Virtually all states have zero tolerance laws for DUI/DWI offenses committed by those below the state legal drinking age, which reduces the required BAC level to at or near zero. Below is a state chart defining the penalties and punishments for drunk driving convictions. It will also provide a brief explanation of what types of punishments are generally set forth by law.

Penalties for a DUI or DWI conviction

In general, DUI/DWI can result in large fines, jail or prison, probation or community service, as well as suspension of the defendant's driver's license. As expected, repeat offenders are treated more harshly than first-time DUI/DWI offenders.

Administrative License Revocation (ALR)

The majority of states have enacted Administrative License Revocation (ALR) laws which allows for an immediate seizure of a vehicle and driver's license should the operator fail or refuse to take a "field test" using a breathalyzer or other method.

Habitual Violators

Many states provide for felony penalties for repeat offenders such as the "three strikes law" for three DUI convictions. Once convicted of a habitual defender law, the operator loses many civil rights such as the ability to own weapons, to vote, and loss of driving privileges for a significant duration. Some offenders are permitted to go to "DUI school" to rehabilitate themselves and drive while their license is suspended.

Ignition Interlock Systems

Most states have instituted an ignition interlock system as alternatives to complete suspensions of driving privileges for DUI or DWI convictions. A small device is installed into the convicted operator's vehicle which requires the driver to blow into the device in order for the ignition to fire and start the car. If the blood alcohol level of the driver is at least .02-.04, the ignition will fail to start the car. These systems are frequently used for those offenders who stand to be rehabilitated but need to drive in order to get to work or for other basic necessities.

Vehicle Forfeiture

Habitual offenders may submit themselves to a forfeiture of their vehicles and a court may order the sale of the operator's vehicle, even if leased. The proceeds of the sale of the vehicle will first go towards pay secured interests with the remainder to satisfy others.

Conviction, Punishment and Vehicle Forfeiture, State Law Chart

StateALR SuspensionDrive while suspendedInterlock optionVehicle forfeiture
Alabama90 daysnonono
Alaska90 daysafter 30 days (1)yesyes
Arizona90 daysafter 30 days (1)yesyes
Arkansas120 daysyes (1)yesyes
California4 monthsafter 30 days (1)yesyes
Colorado3 monthsyes (1)yesno
Connecticut90 daysyes (1)yesno
Delaware3 monthsnoyesno
D.C.2-90 daysyes (1)yesno
Florida6 monthsafter 30 days (1)yesyes
Georgia1 yearyes (1)yesyes
Hawaii3 monthsafter 30 days (1)yesno
Idaho90 daysafter 30 days (1)yesno
Illinois3 monthsafter 30 days (1)yesyes
Indiana180 daysafter 30 days (1)yesyes
Iowa180 daysafter 90 days (1)yesno
Kansas30 daysnoyesno
Kentuckynonot applicableyesyes
Louisiana90 daysafter 30 days (1)yesyes
Maine90 daysyes (1)yesyes
Maryland45 daysyes (1)yesno
Massachusetts90 daysnoyesyes
Michigannonot applicableyesyes
Minnesota90 daysafter 15 days (1)yesyes
Mississippi90 daysnoyesyes
Missouri30 daysnoyesyes
Montananonot applicableyesyes
Nebraska90 daysafter 30 days (1)yesno
Nevada90 daysafter 45 days (1)yesno
New Hampshire6 monthsnoyesno
New Jerseynonot applicableyesno
New Mexico90 daysafter 30 days (1)yesno
New Yorkvariable (2)yes (1)yesyes
North Carolina30 daysafter 10 days (1)yesyes
North Dakota91 daysafter 30 days (1)yesyes
Ohio90 daysafter 15 days (1)yesyes
Oklahoma180 daysyes (1)yesyes
Oregon90 daysafter 30 days (1)yesyes
Pennsylvanianonot applicableyesyes
Rhode Islandnonot applicableyesyes
South Carolinanonot applicableyesyes
South Dakotanonot applicablenono
Tennesseenonot applicableyesyes
Texas90 daysyes (1)yesyes
Utah90 daysnoyesno
Vermont90 daysnonoyes
Virginia7 daysnoyesyes
Washington90 daysafter 30 days (1)yesyes
West Virginia6 monthsafter 30 days 1yesno
Wisconsin6 monthsyes (1)yesyes
Wyoming90 daysyes (1)yesno

Notes

1: Drivers usually require demonstration of a special hardship to justify restoration of driving privileges during suspension which, if granted, are often restricted.

2: In New York, administrative license suspension lasts until prosecution is completed.
DUI & DWI Law
DUI-DWI Penalties
About author
Michael Wechsler
Michael M. Wechsler is an experienced attorney, founder of TheLaw.com, A. Research Scholar at Columbia Business School and of-counsel to Kaplan, Williams & Graffeo, LLC. He was also an SVP and chief Internet strategist at Zedge.net and legal consultant at Kroll Ontrack, a leading service e-discovery and computer forensics service provider.

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