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Forty-nine states (all except Massachusetts) 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 prescribed level, usually 0.10 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. Forty-one states and the District of Columbia have administrative license suspension laws.
Forty-three states permit some offenders 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 29 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.
| State | BAC Defined as illegal per se1 | Administrative license suspension 1st offense?2 | Restore driving privileges during suspension?2,3 | Do penalties include interlock/forfeiture?4 |
| Alabama | 0.08 | 90 days | no | no/no |
| Alaska | 0.10 | 90 days | after 30 days | yes/yes |
| Arizona | 0.10 | 90 days | after 30 days | yes/yes |
| Arkansas | 0.08 | 120 days | yes | yes/yes |
| California | 0.08 | 4 months | after 30 days | yes/yes |
| Colorado | 0.10 | 3 months | yes | yes/no |
| Connecticut | 0.10 | 90 days | yes | no/no |
| Delaware | 0.10 | 3 months | no | yes/no |
| District of Columbia | 0.08 | 2-90 days | yes | no/no |
| Florida | 0.08 | 6 months | yes | yes/yes |
| State | BAC Defined as illegal per se1 | Administrative license suspension 1st offense?2 | Restore driving privileges during suspension?2,3 | Do penalties include interlock/forfeiture?4 |
| Georgia | 0.105 | 1 year | yes | yes/yes |
| Hawaii | 0.08 | 3 months | after 30 days | yes/no |
| Idaho | 0.08 | 90 days | after 30 days | yes/no |
| Illinois | 0.08 | 3 months | after 30 days | yes/yes |
| Indiana | 0.10 | 180 days | after 30 days |
yes/no |
| Iowa | 0.10 | 180 days | yes | yes/no |
| Kansas | 0.08 | 30 days | no | yes/no |
| Kentucky | 0.08 | -- | -- | yes/yes |
| Louisiana | 0.10 | 90 days | after 30 days | yes/yes |
| Maine | 0.08 | 90 days | yes | yes/yes |
| State | BAC Defined as illegal per se1 | Administrative license suspension 1st offense?2 | Restore driving privileges during suspension?2,3 | Do penalties include interlock/forfeiture?4 |
| Maryland | 0.08 (eff. 9/30/01) | 45 days | yes | yes/no |
| Massachusetts | none1 | 90 days | no | no/no |
| Michigan | 0.10 | -- | -- | yes/yes |
| Minnesota | 0.10 | 90 days | after 15 days | no/yes |
| Mississippi | 0.10 | 90 days | no | yes/yes |
| Missouri | 0.10 | 30 days | no | yes/yes |
| Montana | 0.10 | -- | -- | yes/yes |
| Nebraska | 0.08 | 90 days | after 30 days | yes/no |
| Nevada | 0.10 | 90 days | after 45 days | yes/no |
| New Hampshire | 0.08 | 6 months | no | yes/no |
| State | BAC Defined as illegal per se1 | Administrative license suspension 1st offense?2 | Restore driving privileges during suspension?2,3 | Do penalties include interlock/forfeiture?4 |
| New Jersey | 0.10 | -- | -- | yes/no |
| New Mexico | 0.08 | 90 days | after 30 days | yes/no |
| New York | 0.10 | variable6 | yes | yes/yes |
| North Carolina | 0.08 | 30 days | after 10 days | yes/yes |
| North Dakota | 0.10 | 91 days | after 30 days | yes/yes |
| Ohio | 0.10 | 90 days | after 15 days | yes/yes |
| Oklahoma | 0.10 | 180 days | yes | yes/yes |
| Oregon | 0.08 | 90 days | after 30 days | yes/yes |
| Pennsylvania | 0.10 | -- | -- | yes/yes |
| Rhode Island | 0.08 | -- | -- | yes/yes |
| State | BAC Defined as illegal per se1 | Administrative license suspension 1st offense?2 | Restore driving privileges during suspension?2,3 | Do penalties include interlock/forfeiture?4 |
| South Carolina | 0.10 | -- | -- | yes/yes |
| South Dakota | 0.10 | -- | -- | no/no |
| Tennessee | 0.10 | -- | -- | yes/yes |
| Texas | 0.08 | 60 days | yes | yes/yes |
| Utah | 0.08 | 90 days | no | yes/no |
| Vermont | 0.08 | 90 days | no | no/yes |
| Virginia | 0.08 | 7 days | no | yes/no |
| Washington | 0.08 | 90 days | after 30 days | yes/yes |
| West Virginia | 0.10 | 6 months | after 30 days | yes/no |
| Wisconsin | 0.10 | 6 months | yes | yes/yes |
| Wyoming | 0.10 | 90 days | yes | no/no |
1The law in Massachusetts is not a per se law. A BAC of 0.08 percent in Massachusetts is evidence of alcohol impairment but isn't illegal per se.
2Information pertains to drivers in violation of the BAC defined as illegal per se for all drivers, not the special BAC for young drivers.
3Drivers usually must demonstrate special hardship to justify restoring privileges during suspension, and then privileges often are restricted.
4A multiple offender's vehicle may be seized and disposed.
5Under Georgia law, a prosecutor only has to prove a person was driving with a BAC of 0.10 or greater to get a conviction. At BACs of 0.08 or greater but less than 0.10, there is a presumption the defendant was driving under the influence of alcohol, but that presumption can be rebutted by the defendant.
6In New York, administrative license suspension lasts until prosecution is complete.
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