DUI & DWI Laws: 50-State Survey

States have enacted tough laws against drunk or drugged driving. This is usually called DUI (driving under the influence), although some states refer to DWI (driving while intoxicated). A prosecutor bringing a charge based on alcohol often relies on evidence that the driver had a blood alcohol concentration (BAC) above the legal limit, which is 0.08 in almost all states for most drivers. However, a prosecutor also might get a conviction if they can show that the driver was under the influence more generally, such that their consumption of alcohol affected their driving. Charges based on drugs tend to rely on these looser grounds, although some laws provide a limit for certain drugs or forbid driving after consuming any amount of a drug.

Implied Consent

All states have “implied consent” laws. These provide that anyone driving a vehicle in the state has automatically consented to a chemical test if they are arrested for DUI, or if a certain standard such as probable cause is met. Violating an implied consent law by refusing a test when it is legally required may expose a driver to separate penalties and may not necessarily prevent a DUI charge.

Penalties for a conviction may extend from a fine and potential jail time to a license suspension. (A driver may be able to get a restricted license during at least part of the suspension, which would allow them to drive for limited purposes such as their job.) In some cases, a court may order a driver to undergo substance abuse treatment, perform community service, or install an ignition interlock device on their vehicle. This prevents a car from running unless the driver provides a breath sample showing that they are sober. 

Certain factors may increase penalties or support a separate charge with additional penalties. Some common examples of aggravating factors include having a very high BAC, having a child in the vehicle, or causing injuries or death to someone else. Penalties also tend to increase for repeat offenses. However, many (but not all) states have “lookback periods,” which limit the time for which a prior conviction supports a sentencing enhancement. 

Click on a state below to learn more about the main DUI laws there, such as the definition of the offense, standard penalties for first-time offenders, and some possible aggravating factors. (Note that special rules apply to commercial drivers and drivers under 21, which are not discussed here.) If you have been arrested for this offense, though, you should contact a DUI lawyer without delay. They can explain how the law may apply to your situation and explore any available defenses.

Alabama DUI Laws

Alabama prohibits driving or being in actual physical control of a vehicle when a driver has an 0.08 BAC or greater. It also prohibits driving under the influence of alcohol, under the influence of a controlled substance (or the combined influence of alcohol and a controlled substance) to a degree that makes the person incapable of safely driving, or under the influence of any substance that impairs their mental or physical faculties to a degree that makes them incapable of safely driving.

Enhanced penalties apply if the driver had a BAC of at least 0.15, if a child under 14 was a passenger in the vehicle, or if someone other than the driver was injured.

Alaska DUI Laws

Alaska prohibits having 0.08 percent or more by weight of alcohol in the blood, 80 mg or more of alcohol per 100 mL of blood, or 0.08 grams or more of alcohol per 210 liters of breath, as determined by a chemical test taken within four hours after the alleged operation or driving. It also prohibits operating or driving a vehicle while under the influence of an alcoholic beverage, intoxicating liquor, inhalant, or any controlled substance, singly or in combination.

Transporting a child while in violation of the DUI statute is a separate crime called endangering the welfare of a minor in the first degree.

Arizona DUI Laws

Arizona prohibits having a BAC of 0.08 or more within two hours of driving or being in actual physical control of a vehicle, when the alcohol was consumed before or while driving or being in actual physical control of the vehicle. It also prohibits driving or being in actual physical control of a vehicle while being under the influence of intoxicating liquor, any drug, a vapor-releasing substance containing a toxic substance, or any combination of these if the driver is impaired to the slightest degree. The statute separately prohibits driving or being in actual physical control of a vehicle when there is any drug defined in Section 13-3401 in the driver’s body. 

Penalties increase if the driver had a BAC of at least 0.15, and they increase further if the driver had a BAC of at least 0.20. An offense called aggravated DUI may be charged in situations such as when the driver was driving on a suspended or revoked license, a child under 15 was in the vehicle, or the driver was driving the wrong way on a highway. 

Arkansas DUI Laws

  • Key law: Arkansas Code Section 5-65-103
  • Jail time: 24 hours-1 year (court may order public service instead of imprisonment)
  • Fine: $150-$1,000
  • License suspension: 6 months 

Arkansas prohibits operating or being in actual physical control of a vehicle with an alcohol concentration in the breath or blood of 0.08 or more, or if the person is intoxicated. This means that they were influenced or affected by ingesting alcohol, a controlled substance, an intoxicant, or a combination of these to such a degree that their reactions, motor skills, and judgment were substantially altered, causing them to pose a clear and substantial danger of injury or death to the driver or another person.

Penalties increase if a child under 16 was in the vehicle, unless the driver was no more than two years older than the child. The statute defining second-degree battery includes recklessly  causing a serious injury to someone else while violating the DUI law.

California DUI Laws

California prohibits driving a vehicle while having 0.08 percent or more by weight of alcohol in the blood, as well as driving a vehicle while being under the influence of any alcoholic beverage, any drug, or a combination of alcohol and drugs.

Penalties increase if a driver caused injuries to someone else, or if a minor under 14 was a passenger in the vehicle. In addition, a court will consider a BAC of 0.15 or more as a special factor that may justify enhancing the penalties. 

Colorado DUI Laws

  • Key law: Colorado Revised Statutes Section 42-4-1301
  • Jail time: 5 days-1 year for DUI; 2-180 days for DWAI (see distinction below)
  • Fine: $600-$1,000 for DUI; $200-$500 for DWAI
  • License suspension: 9 months for DUI; none for DWAI

The main Colorado statute describes two offenses:  driving under the influence and “driving while ability impaired.” Each offense may involve alcohol, one or more drugs, or a combination of alcohol and drugs. Driving under the influence means that the driver is substantially incapable of exercising clear judgment, sufficient physical control, or due care in safely operating the vehicle. Driving while ability impaired means that the driver is less able than they ordinarily would have been to do these things. Driving with a BAC of 0.08 or more at the time of driving or within two hours after driving is considered DUI per se.

Penalties increase when the driver’s BAC was 0.20 or more at the time of driving or within two hours after driving. A separate statute provides that vehicular assault occurs when a driver causes a serious bodily injury to someone else because of their drunk or drugged driving.

Connecticut DUI Laws

Connecticut prohibits operating a vehicle while under the influence of intoxicating liquor or any drug or both, or while the driver has an elevated BAC, which means 0.08 or more for most drivers. Penalties increase if a child under 18 was a passenger in the vehicle. A separate statute describes a crime called second-degree assault with a motor vehicle, which occurs when a driver causes a serious injury to someone else because of violating the DUI statute.

Delaware DUI Laws

Delaware prohibits driving a vehicle when a person has a BAC of 0.08 or more, or when they are under the influence of alcohol, any drug, or a combination of alcohol and any drug. The statute also prohibits having a BAC of 0.08 or more within four hours after the time of driving if this BAC resulted from alcohol that was present in the person or consumed by them when they were driving. It further prohibits having any amount of an illicit or recreational drug in the blood within four hours of driving if this results from the unlawful use or consumption of the drug before or during driving.

Penalties increase if a child under 17 was on or in the vehicle. License-related penalties increase if the driver had a BAC of 0.15 or greater but less than 0.20, and again if they had a BAC of 0.20 or greater. Delaware laws on vehicular assault prohibit actions such as causing an injury to someone else due to negligent driving when the driver is under the influence or has a prohibited alcohol or drug content.

Florida DUI Laws

Florida prohibits driving or being in actual physical control of a vehicle while having 0.08 or more grams of alcohol per 100 mL of blood or 210 liters of breath. It also prohibits driving or being in actual physical control of a vehicle while the driver is under the influence of alcoholic beverages or various chemical or controlled substances described by statute when this affects the driver to the extent that their normal faculties are impaired.

Penalties increase if the driver caused property damage, injuries, or death, if the driver had a BAC of 0.15 or greater, or if a child under 18 was in the vehicle. 

Georgia DUI Laws

  • Key law: Code of Georgia Section 40-6-391
  • Jail time: 10 days-12 months
  • Fine: $300-$1,000
  • License suspension: 12 months (may apply for early reinstatement after 120 days)

Georgia prohibits driving or being in actual physical control of a moving vehicle if the driver had a BAC of 0.08 or more at any time within three hours after driving or being in physical control, and the driver consumed the alcohol before their driving or physical control ended. It also prohibits driving or being in actual physical control of a moving vehicle while the driver is under the influence of alcohol, a drug, various toxic vapors intentionally consumed, or the combined influence of these substances to the extent that it is less safe for them to drive. Moreover, the statute generally prohibits driving or being in actual physical control of a moving vehicle when there is any amount of marijuana or a controlled substance in the person’s blood or urine.

The statute provides for a separate offense called endangering a child by driving under the influence of alcohol or drugs, which may be charged if a person violates the statute while transporting a child under 14. Georgia also has a crime called serious injury by vehicle, which occurs when a driver causes an accident that results in serious bodily harm while violating the DUI statute. 

Hawaii DUI Laws

  • Key law: Hawaii Revised Statutes Section 291E-61
  • Jail time: 48 hours-5 days
  • Fine: $250-$1,000
  • License suspension: 1 year-18 months (may file a motion for early termination in certain circumstances)

Hawaii prohibits operating or assuming actual physical control of a vehicle with 0.08 or more grams of alcohol per 210 liters of breath or per 100 mL or cubic centimeters of blood. The statute also prohibits operating or assuming actual physical control of a vehicle while the driver is under the influence of alcohol in an amount sufficient to impair their normal mental faculties or “ability to care for the person and guard against casualty,” or while the driver is under the influence of any drug that impairs their ability to operate the vehicle in a careful and prudent manner.

Penalties increase if a passenger was younger than 15 or if the driver was “highly intoxicated,” which may be shown if they had a BAC of 0.15 or greater. 

Idaho DUI Laws

Idaho prohibits driving or being in actual physical control of a vehicle while having a BAC of 0.08 or more, or while being under the influence of alcohol, drugs, other intoxicating substances, or a combination of these. A driver generally cannot be prosecuted for DUI based only on alcohol consumption if they take a test that shows a BAC under 0.08.

Penalties increase if a driver had a BAC of 0.20 or more. Idaho also has a separate aggravated DUI offense, which occurs when someone causes great bodily harm, permanent disability, or permanent disfigurement to someone else while violating the DUI statute. Another separate statute provides that a person over 18 commits a crime called injury to a child if they transport a minor in a vehicle while violating the DUI statute. 

Illinois DUI Laws

Illinois prohibits driving or being in actual physical control of a vehicle with a BAC of 0.08 or more, or while the driver is under the influence of alcohol. It also prohibits driving or being in actual physical control of a vehicle while being under the influence of any intoxicating compound, drug, or combination of alcohol, drugs, or intoxicating compounds to a degree that makes the person incapable of driving safely. Another provision bars a driver from having any amount of a drug, substance, or compound in their breath, blood, other bodily substance, or urine that results from the unlawful use or consumption of various controlled substances, intoxicating compounds, or methamphetamine. Finally, the statute generally prohibits having a THC concentration in the whole blood or other bodily substance within two hours of driving or being in actual physical control of a vehicle.

Penalties increase if the driver was transporting a person under 16, or if the driver had a BAC of 0.16 or more. Illinois also has an offense called aggravated DUI, which occurs in situations such as when a driver causes a crash that results in serious injuries or death, the driver does not have a license, the driver knows or should know that they are driving an uninsured vehicle, or the driver is transporting at least one passenger in a vehicle-for-hire.

Indiana DUI Laws

Indiana prohibits operating a vehicle with an alcohol concentration of at least 0.08 grams of alcohol per 100 mL of blood or 210 liters of breath. Section 9-30-5-1 also prohibits operating a vehicle with any of certain controlled substances in the person’s blood. Section 9-30-5-2 broadly prohibits operating a vehicle while intoxicated.

Penalties increase if the driver had a BAC of 0.15 or more, if the driver operated a vehicle in a way that endangered a person, or if the driver caused serious bodily injury or death. In certain situations, penalties increase if there was a passenger under 18 in the vehicle. 

Iowa DUI Laws

Iowa prohibits operating a vehicle with an alcohol concentration of 0.08 or more, while under the influence of an alcoholic beverage or drug or a combination, or while any amount of a controlled substance is present in the person, as measured in their blood or urine. 

Drivers who had a BAC over 0.15 or caused injuries to someone else are ineligible for a sentencing alternative called deferred judgment. A separate statute defining a crime called serious injury by vehicle makes it a felony to unintentionally cause a serious injury by operating a vehicle while intoxicated.

Kansas DUI Laws

  • Key law: Kansas Statutes Section 8-1567
  • Jail time: 48 hours-6 months (or 100 hours of public service)
  • Fine: $750-$1,000
  • License suspension: Generally 30 days

Kansas prohibits operating or attempting to operate a vehicle with a blood or breath alcohol concentration of 0.08 or more, or when the blood or breath alcohol concentration is 0.08 or more within three hours of operating or attempting to operate a vehicle. The statute also covers situations in which a person is under the influence of alcohol, a drug, or a combination of alcohol and drugs to a degree that makes them incapable of safely driving a vehicle. 

Penalties increase if the driver was 18 or older and had a child under 18 in the vehicle. License-related penalties increase for a BAC of 0.15 or greater. The Kansas statute describing aggravated battery includes certain situations involving violations of the DUI statute, such as a violation that causes great bodily harm or disfigurement to someone else.

Kentucky DUI Laws

  • Key law: Kentucky Revised Statutes Section 189A.010
  • Jail time: 48 hours-30 days (defendant may ask to spend time in community labor program instead)
  • Fine: $200-$500 (defendant may ask to spend time in community labor program instead)
  • License suspension: Generally 6 months

Kentucky prohibits operating or being in physical control of a vehicle with a BAC of 0.08 or more, based on a breath or blood sample taken within two hours after the person stopped operating or being in physical control of a vehicle. Similarly, it prohibits operating or being in physical control of a vehicle while the presence of a controlled substance is detected in the blood, based on a test taken within two hours after the person stopped operating or being in physical control of a vehicle. It also prohibits operating or being in physical control of a vehicle while under the influence of alcohol, under the influence of any other substance or combination of substances that impairs driving ability, or under the combined influence of alcohol and any other substance that impairs driving ability. 

Penalties increase when aggravating circumstances are present, such as when the driver was exceeding the speed limit by more than 30 mph, the driver caused an accident resulting in death or serious injury, the driver had a BAC of 0.15 or more, or a passenger under 12 was in the vehicle. 

Louisiana DUI Laws

Louisiana prohibits operating a vehicle with a BAC of 0.08 percent or more by weight, based on grams of alcohol per 100 cubic centimeters of blood. It also prohibits operating a vehicle while being under the influence of alcoholic beverages, under the influence of any controlled dangerous substance, under the influence of one or more drugs that are not controlled dangerous substances, or under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances.

Penalties increase if a child 12 or younger was in the vehicle, or if the driver had a BAC of 0.15 or greater, with a further enhancement if the driver had a BAC of 0.20 or greater. A separate offense called vehicular negligent injuring occurs when a driver injures someone else while violating the DUI statute.

Maine DUI Laws

Maine prohibits operating a vehicle while having an alcohol level of 0.08 grams or more of alcohol per 100 mL of blood or 210 liters of breath, or more generally being under the influence of intoxicants. This is defined as being under the influence of alcohol, a drug other than alcohol, a combination of drugs, or a combination of alcohol and drugs.

Penalties increase in situations such as when the driver caused serious injuries or death to someone else, had a BAC of 0.15 or more, was exceeding the speed limit by at least 30 mph, eluded or attempted to elude an officer, or had a passenger under 21 in the vehicle. 

Maryland DUI Laws

  • Key law: Maryland Transportation Code Section 21-902
  • Jail time: Up to 1 year (under the influence, or impaired by controlled dangerous substance); up to 2 months (impaired by alcohol, drugs, or combination of drugs and alcohol)
  • Fine: Up to $1,000 (under the influence, or impaired by controlled dangerous substance); up to $500 (impaired by alcohol, drugs, or combination of drugs and alcohol)
  • License suspension: 6 months

The Maryland statute describes various offenses separately, including driving under the influence of alcohol or under the influence of alcohol “per se,” which means a BAC of 0.08 or more. It also prohibits driving while impaired by alcohol, which is assumed if the driver had a BAC of 0.07. Other provisions prohibit driving a vehicle while being impaired by any drug, combination of drugs, or combination of drugs and alcohol to the extent that the person cannot drive safely, as well as driving a vehicle while being impaired by a controlled dangerous substance that the person is not entitled to use. 

Penalties increase if the driver was transporting a minor. Maryland also has a separate statute that prohibits causing a life-threatening injury to someone else due to negligently driving, operating, or controlling a vehicle while being under the influence.

Massachusetts DUI Laws

Massachusetts prohibits operating a vehicle with an 0.08 BAC or greater, while under the influence of intoxicating liquor, marijuana, narcotics, depressants, or stimulants, or while under the influence from smelling or inhaling toxic vapors.

Penalties increase if the driver caused serious injury or death, or if a child who was 14 or younger was in the vehicle. An alcohol or drug assessment is mandatory if the driver had a BAC of 0.20 or greater.

Michigan DUI Laws

  • Key law: Michigan Compiled Laws Section 257.625
  • Jail time: Up to 93 days
  • Fine: $100-$500 (up to $300 under “visibly impaired” provision)
  • License suspension: 180 days (usually 90 days under “visibly impaired” provision)

Michigan prohibits operating a vehicle while intoxicated, which includes having an alcohol content of 0.08 grams or more per 100 mL of blood, 210 liters of breath, or 67 mL of urine, or being under the influence of alcoholic liquor, a controlled substance, another intoxicating substance, or a combination of these. The statute also prohibits anyone from operating a vehicle while having any amount of certain controlled substances in their body. Another provision prohibits operating a vehicle when the driver’s ability to operate the vehicle is visibly impaired due to their consumption of alcoholic liquor, a controlled substance, another intoxicating substance, or a combination of these.

Penalties increase if the driver had a BAC of 0.17 or more, if they caused the death or a serious impairment of a body function of someone else, or if a child under 16 was in the vehicle. 

Minnesota DUI Laws

Minnesota prohibits driving, operating, or being in physical control of a vehicle with an alcohol concentration of 0.08 or more, either at the time or within two hours afterward. It also more generally prohibits driving, operating, or being in physical control of a vehicle while under the influence of alcohol, a controlled substance, an intoxicating substance that the driver has reason to know can cause impairment, or a combination of these. Further provisions apply to situations in which the driver’s body contains any amount of certain controlled substances, or the driver is under the influence of various cannabis or hemp products.

Penalties increase if a driver had a BAC of 0.16 or more, or if a child under 16 was in the vehicle if they were more than 36 months younger than the driver. 

Mississippi DUI Laws

Mississippi prohibits driving or otherwise operating a vehicle while having an alcohol concentration of 0.08 or more, based on grams of alcohol per 100 mL of blood or 210 liters of breath. The statute also prohibits driving or otherwise operating a vehicle while being under the influence of intoxicating liquor or any other substance that has impaired the person’s ability to operate a vehicle, or being under the influence of any drug or controlled substance that is unlawful to possess under state law.

An offense called aggravated DUI occurs when a driver is under the influence and negligently causes death or certain serious injuries to someone else. An offense called DUI child endangerment occurs when a person over 21 violates the DUI statute while transporting a child under 16. 

Missouri DUI Laws

Section 577.010 generally prohibits operating a vehicle in an intoxicated condition, which means being under the influence of alcohol, a controlled substance, a drug, or a combination of these. Section 577.012 more specifically prohibits a person from operating a vehicle while having 0.08 percent of alcohol in their blood, based upon grams of alcohol per 100 mL of blood or 210 liters of breath.

Penalties increase if a person under 17 was in the vehicle, or if the driver acted with criminal negligence in causing injuries or death to someone else. Penalties also may increase if the driver had a BAC between 0.15 and 0.20, and may increase again if the driver had a BAC above 0.20. 

Montana DUI Laws

  • Key law: Montana Code Section 61-8-1002 
  • Jail time: Up to 6 months (24-hour minimum for “under the influence” provision)
  • Fine: $600-$1,000
  • License suspension: 6 months

Montana prohibits driving or being in actual physical control of a vehicle while the driver’s alcohol concentration is 0.08 or more, or while under the influence of alcohol, any drug, or a combination of alcohol and any drug. It also prohibits driving or being in actual physical control of a vehicle while the driver’s THC level is 5 ng/mL or more.

Penalties increase if a child under 16 was in the vehicle. Moreover, an aggravated DUI offense occurs if a driver has a BAC of 0.16 or more, if a driver is under an IID order, or in certain other circumstances. Montana has a separate statute defining negligent vehicular assault, which involves negligently operating a vehicle while under the influence and causing an injury to someone else.

Nebraska DUI Laws

Nebraska prohibits operating or being in the actual physical control of a vehicle while under the influence of alcoholic liquor or any drug, or while having 0.08 grams or more by weight of alcohol per 100 mL of blood or 210 liters of breath. 

Penalties increase if the driver had a BAC of 0.15 or more. A driver who causes serious bodily injury to another person while violating the DUI statute faces a separate felony charge.

Nevada DUI Laws

  • Key law: Nevada Revised Statutes Section 484C.110
  • Jail time: 2 days-6 months (or same period in residential confinement) (may be replaced with 48-96 hours of community service)
  • Fine: $400-$1,000
  • License suspension: 185 days

Nevada prohibits driving or being in actual physical control of a vehicle while being under the influence of intoxicating liquor or having an alcohol concentration of 0.08 or more in blood or breath. (This extends to when a driver is found to have a BAC of 0.08 or more by a measurement within two hours after driving or being in actual physical control of a vehicle.) The statute further prohibits driving or being in actual physical control of a vehicle while being under the influence of a controlled substance or the combined influence of intoxicating liquor and a controlled substance, or having used any chemical, poison, or organic solvent to a degree that makes the person incapable of safely driving or exercising actual physical control of a vehicle. Further provisions set limits on the amount of certain substances that a driver can have in their blood or urine, including amphetamine, methamphetamine, cocaine, heroin, morphine, LSD, PCP, and marijuana.

Penalties may increase if the driver was transporting a person under 15, or if the driver caused death or substantial bodily harm to another person. A treatment program is mandatory if the driver had a BAC of 0.18 or greater.

New Hampshire DUI Laws

New Hampshire prohibits driving a vehicle while having an alcohol concentration of 0.08 or more, or while being under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance that impairs a person’s ability to drive, or any combination of these.

An offense called aggravated DWI may be charged in situations such as when the driver had a BAC of 0.16 or more, exceeded the speed limit by more than 30 mph, caused a collision resulting in serious bodily injury, carried a passenger under 16, or drove a vehicle with a gross combination weight rating of 10,001 pounds or more. 

New Jersey DUI Laws

  • Key law: New Jersey Revised Statutes Section 39:4-50
  • Jail time: 12-48 hours (2 consecutive days, with at least 6 hours each day); potentially up to 30 days in discretion of court
  • Fine: $250-$400 ($300-$500 for drug DUI)
  • License suspension: Until IID is installed in the vehicle that driver most often operates (7 months-1 year for drug DUI)

New Jersey prohibits operating a vehicle with a BAC of 0.08 or more by weight of alcohol in the blood, or more generally while being under the influence of intoxicating liquor or a narcotic, hallucinogenic, or habit-producing drug.

Penalties increase if the driver had a BAC of 0.10 or higher, and increase again if they had a BAC of 0.15 or higher. An additional penalty applies if a parent or guardian violates the statute while having a minor as a passenger in the vehicle. The New Jersey statute describing assault by auto refers to violations of the DUI statute that cause injuries.

New Mexico DUI Laws

New Mexico prohibits driving a vehicle while having an alcohol concentration of 0.08 or more in blood or breath within three hours of driving, when the alcohol concentration results from alcohol consumed before or while driving the vehicle. The statute also prohibits driving a vehicle while being under the influence of intoxicating liquor, or while being under the influence of any drug to a degree that makes the person incapable of safely driving a vehicle. 

An offense called aggravated DUI may be charged when the defendant drove with a BAC of 0.16 or more, caused injuries to a person while driving under the influence, or refused to submit to chemical testing while being under the influence. Section 66-8-102.5 describes a separate offense involving driving while intoxicated with a minor in the vehicle. 

New York DUI Laws

  • Key law: New York Vehicle & Traffic Law Section 1192
  • Jail time: Up to 1 year (up to 15 days for driving while ability impaired by alcohol)
  • Fine: $500-$1,000 ($300-$500 for DWAI-alcohol)
  • License suspension: 6 months (90 days for DWAI-alcohol)

New York uses two main terms related to drunk or drugged driving:  driving while ability impaired and driving while intoxicated. Driving while ability impaired involves operating a vehicle while the person’s ability to operate the vehicle is impaired by the consumption of alcohol, the use of a drug, or the combined influence of alcohol and drugs. Driving while intoxicated involves operating a vehicle in an intoxicated condition, or operating a vehicle with 0.08 percent or more by weight of alcohol in the person’s blood. 

An aggravated driving while intoxicated offense may be charged if a driver had a BAC of 0.18 or more, or if a child who was 15 or under was a passenger in the vehicle while the driver was intoxicated or was impaired by drugs or a combination of alcohol and drugs. The New York statute defining second-degree vehicular assault includes a violation of Section 1192 (except for DWAI-alcohol) that causes a serious injury to someone else.

North Carolina DUI Laws

  • Key law: North Carolina General Statutes Section 20-138.1
  • Jail time: 48 hours-120 days (for Level Four punishment, which means that there are no aggravating or mitigating factors, or the aggravating and mitigating factors are balanced)
  • Fine: Up to $500 (for Level Four)
  • License suspension: 1 year

North Carolina prohibits driving any vehicle after having consumed enough alcohol that the person has a BAC of 0.08 or more “at any relevant time” after driving. It also prohibits driving any vehicle while under the influence of an impairing substance, or with any amount of a Schedule I controlled substance in the driver’s blood or urine.

A separate statute lists various aggravating factors that may be considered in sentencing, such as a BAC of 0.15 or more, especially reckless or dangerous driving, negligent driving that led to a reportable accident, DUI while on a revoked license, or speeding at least 30 mph over the legal limit, among others. The judge also may weigh mitigating factors, such as a BAC no greater than 0.09, driving that was otherwise safe and lawful, and a safe driving record, among others. Grossly aggravating factors that may significantly increase the penalties include causing a serious injury to another person and having a child under 18 in the vehicle, among others. 

North Dakota DUI Laws

North Dakota prohibits driving or being in actual physical control of any vehicle if the person has a BAC of at least 0.08 according to a chemical test performed within two hours afterward. It also prohibits driving or being in actual physical control of any vehicle while the person is under the influence of intoxicating liquor, or under the influence of a drug or the combined influence of alcohol and drugs to a degree that makes them incapable of safely driving.

Penalties increase if the driver had a BAC of at least 0.16, and special penalties apply if the driver caused death or substantial or serious bodily injury. North Dakota makes it a separate crime for a person who is at least 21 to violate the DUI statute while a minor is in the vehicle. 

Ohio DUI Laws

The Ohio statute prohibits operating a vehicle while a person has an alcohol concentration of 0.08 percent or more in their whole blood, 0.096 percent or more in their blood serum or plasma, 0.08 grams or more per 210 liters of breath, or 0.11 grams or more per 100 mL of urine. More generally, the statute prohibits operating a vehicle while being under the influence of alcohol, a drug of abuse, or a combination. Special rules apply to concentrations of certain controlled substances, including amphetamine, cocaine, heroin, LSD, marijuana, methamphetamine, and PCP.

Penalties increase if a driver had an alcohol concentration of 0.17 percent or more in their whole blood, 0.204 percent or more in their blood serum or plasma, 0.17 grams or more per 210 liters of breath, or 0.238 grams or more per 100 mL of urine. In addition, a separate child endangerment statute prohibits operating a vehicle in violation of the DUI statute when a child under 18 is in the vehicle. Meanwhile, the statute defining aggravated vehicular assault prohibits causing serious physical harm to someone else as a result of violating the DUI statute.  

Section 4511.194 separately prohibits having physical control of a vehicle while being under the influence. This involves being in the driver’s seat of a vehicle and having possession of the ignition key or similar device. This is a first-degree misdemeanor, which carries up to 180 days in jail, a fine of up to $1,000, and a license suspension for up to one year.

Oklahoma DUI Laws

Oklahoma prohibits driving, operating, or being in actual physical control of a vehicle while having a BAC of 0.08 or more as measured by a test within two hours after arrest, or having any amount of a Schedule I chemical or controlled substance in any bodily fluid as measured by a test within two hours after arrest. The statute more generally prohibits driving, operating, or being in actual physical control of a vehicle while being under the influence of alcohol, under the influence of any other intoxicating substance that may make a person incapable of safely driving or operating a vehicle, or under the combined influence of these.

The fine is doubled when a driver who was 18 or older violated the DUI statute while a child under 18 was in the vehicle. Penalties also may increase if the driver was involved in an accident that caused injuries. Driving with a BAC of 0.15 or more is considered aggravated DUI, which carries increased penalties. 

Oklahoma has a separate statute that prohibits operating a vehicle while being impaired by alcohol or certain other substances. This may result in up to six months of imprisonment, a fine between $100 and $500, and a 30-day license suspension.

Oregon DUI Laws

  • Key law: Oregon Revised Statutes Section 813.010
  • Jail time: 48 hours-364 days (80-250 hours of community service may substitute for 48-hour minimum)
  • Fine: $1,000-$6,250 (minimum of $500 if riding a bicycle)
  • License suspension: 1 year

Oregon prohibits driving a vehicle while having 0.08 percent or more by weight of alcohol in the blood, as shown by chemical analysis of breath or blood, or while having this alcohol concentration within two hours after driving a vehicle and without consuming alcohol in the intervening time. It also generally prohibits driving a vehicle while being under the influence of an intoxicant or a combination of intoxicants, including controlled substances and inhalants.

Penalties increase if the driver had a BAC of 0.15 or greater, or if there was a passenger in the vehicle who was under 18 and at least three years younger than the driver. 

Pennsylvania DUI Laws

  • Key law: 75 Pennsylvania Consolidated Statutes Section 3802
  • Jail time: None, but at least 6 months of probation for alcohol; 72 hours-6 months of imprisonment for drugs
  • Fine: $300 for alcohol; $1,000-$5,000 for drugs
  • License suspension: None for alcohol; 12 months for drugs

Pennsylvania prohibits driving, operating, or being in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the driver’s BAC is at least 0.08 within two hours after driving, operating, or being in actual physical control. More generally, it prohibits driving, operating, or being in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the driver is incapable of safely doing these activities. The statute also prohibits doing these activities while the driver has any amount of a Schedule I, II, or III controlled substance in their blood (unless the Schedule II or III substance was prescribed), while the driver is under the influence of certain solvents or noxious substances, or while the driver is under the influence of a drug or the combined influence of alcohol and drugs to a degree that impairs their ability to safely drive, operate, or be in actual physical control of the movement of the vehicle.

Penalties may increase if the driver had a BAC of at least 0.10 but less than 0.16, and may increase again if the driver had a BAC of 0.16 or higher. Penalties also may increase if there was an accident resulting in property damage, injuries, or death, or if a minor under 18 was in the vehicle. 

Rhode Island DUI Laws

  • Key law: Rhode Island General Laws Section 31-27-2
  • Jail time: Up to 1 year 
  • Fine: $100-$300 (0.08 BAC or any scheduled controlled substance in blood); $100-$400 (BAC unknown); $500 (under the influence of drug, toluene, or controlled substance)
  • License suspension: 30-180 days (0.08 BAC or any scheduled controlled substance in blood); 3-12 months (BAC unknown); 3-18 months (under the influence of drug, toluene, or controlled substance)

Rhode Island prohibits driving or otherwise operating any vehicle while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance, or a combination of these. Anyone whose BAC is 0.08 percent or more by weight is considered to have violated this law. Proof of guilt also may be based on evidence that the driver was under the influence of intoxicating liquor, drugs, toluene, any controlled substance, or a combination of these to a degree that made them incapable of safely operating a vehicle.

Penalties may increase if a driver had a BAC of 0.10 but less than 0.15, and they may increase again if the driver had a BAC of 0.15 or greater. A driver over 18 who was under the influence of alcohol, other drugs, or a combination while a child under 13 was in the vehicle may face enhanced penalties. Violations resulting in death or serious bodily injury also carry enhanced penalties. 

South Carolina DUI Laws

South Carolina has two distinct offenses under separate statutes:  driving under the influence and driving with an unlawful alcohol concentration. Driving under the influence involves driving while under the influence of alcohol, under the influence of any other drug or a combination of other drugs or substances that cause impairment, or under the combined influence of alcohol and any other drugs or substances that cause impairment to the extent that the person’s faculties to drive a vehicle are materially and appreciably impaired. Meanwhile, driving with an unlawful alcohol concentration involves driving a vehicle with an 0.08 BAC or more.

Penalties increase if a driver had a BAC of at least 0.10 but less than 0.16, and increase again if the driver had a BAC of 0.16 or more. South Carolina also has a felony DUI offense that may be charged when a driver causes great bodily injury or death to someone else. A child endangerment offense may be charged if a driver who was 18 or older violated either Section 56-5-2930 or Section 56-5-2933, and one or more passengers under 16 were in the vehicle when the violation occurred. 

South Dakota DUI Laws

South Dakota prohibits driving or being in actual physical control of a vehicle when the driver has 0.08 percent or more by weight of alcohol in their blood. It also prohibits driving or being in actual physical control of a vehicle while under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained through a prescription, or any combination of these. The statute further prohibits driving or being in actual physical control of a vehicle while being under the influence of any controlled drug or substance obtained through a valid prescription, or any other substance, to a degree that makes the person incapable of safely driving, or being under the combined influence of an alcoholic beverage and any prescription drug or any other substance to a degree that makes the person incapable of safely driving. A separate provision covers being under the influence of any substance taken into the body for the purpose of becoming intoxicated.

A driver who had a BAC of 0.17 or more must undergo a court-ordered evaluation to determine if they are chemically dependent. A separate statute provides that a driver commits vehicular battery if they are under the influence in violation of the DUI statute and operate or drive a vehicle in a negligent manner, thus causing a serious bodily injury to someone else.

Tennessee DUI Laws

Tennessee prohibits driving or being in physical control of a vehicle while having a BAC of 0.08 or more, or while being under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination of these that impairs the driver’s ability to safely operate a vehicle by depriving them of the clearness of mind and self-control that they would otherwise possess.

Penalties increase if the driver had a BAC of 0.15 or more, or if they were accompanied by a child under 18. A separate offense called vehicular assault may be charged if a driver recklessly caused a serious bodily injury to someone else due to their intoxication.

Texas DUI Laws

Texas prohibits being intoxicated while operating a vehicle in a public place. A separate statute defines “intoxicated” as having an alcohol concentration of 0.08 or more, or not having the normal use of mental or physical faculties due to introducing alcohol, a controlled substance, a drug, a dangerous drug, a combination of these substances, or any other substance into the body.

Penalties may increase if the driver had an open container of alcohol in their immediate possession, if they had a BAC of 0.15 or more, if a child under 15 was in the vehicle, or if the driver caused a serious bodily injury or death to someone else. 

Utah DUI Laws

  • Key law: Utah Code Section 41-6a-502
  • Jail time: 2 days-6 months (2-day jail minimum may be replaced with at least 48 hours in compensatory-service work program)
  • Fine: $700-$1,000
  • License suspension: 120 days

Utah prohibits operating or being in actual physical control of a vehicle with a BAC of 0.05 or greater at the time, or if a person has sufficient alcohol in their body that a subsequent chemical test shows that they have a BAC of 0.05 or greater at the time of the test. (Alcohol concentration is based on grams of alcohol per 100 mL of blood or 210 liters of breath.) The statute more generally prohibits operating or being in actual physical control of a vehicle while being under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that makes the person incapable of safely operating a vehicle. (A separate statute also prohibits operating or being in actual physical control of a vehicle while having any measurable controlled substance in the body.)

Penalties may increase if the driver had a passenger younger than 16 in the vehicle, was 21 or older and had a passenger under 18 in the vehicle, violated certain traffic safety laws, had a BAC of 0.16 or higher, had a BAC of 0.05 or higher in addition to any measurable controlled substance, or had a combination of two or more non-prescribed controlled substances. 

Vermont DUI Laws

Vermont prohibits operating or being in actual physical control of any vehicle with an alcohol concentration of 0.08 or more, or while being under the influence of alcohol or any other drug or under the combined influence of alcohol and any other drug. Penalties may increase if the driver caused serious injuries or death to someone else. 

Virginia DUI Laws

Virginia prohibits driving or operating any vehicle with a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath, or while being under the influence of alcohol. The statute also prohibits driving or operating any vehicle while being under the influence of any narcotic drug or any other self-administered intoxicant or drug (or any combination of these drugs), or while being under the combined influence of alcohol and drugs, to a degree that impairs their ability to drive or operate a vehicle safely. Finally, it prohibits driving or operating a vehicle with certain amounts of controlled substances, such as cocaine or methamphetamine, in the blood.

Penalties may increase if a driver had a BAC of at least 0.15 but not more than 0.20, and may increase again if the driver had a BAC over 0.20. Penalties also may increase if the driver was transporting someone who was 17 or younger. Virginia also has a separate statute that makes it a felony to unintentionally cause a serious bodily injury to someone else as a result of violating the DUI statute in a manner that shows a reckless disregard for human life.

Washington DUI Laws

  • Key law: Revised Code of Washington Section 46.61.502; Section 46.61.504
  • Jail time: 24 hours-364 days (court may replace 24-hour minimum with at least 15 days of electronic home monitoring or 90 days of 24/7 sobriety program monitoring)
  • Fine: $350-$5,000
  • License suspension: Generally 90 days (at least 2 days in all cases)

Washington prohibits driving a vehicle if the person has an alcohol concentration of 0.08 or higher within two hours after driving, or a THC concentration of 5.00 or higher within two hours after driving. The statute more generally prohibits driving a vehicle while being under the influence of or affected by intoxicating liquor, cannabis, or any drug, or a combination of these. A roughly similar statute applies to having actual physical control of a vehicle.

Penalties increase if the driver had a BAC of 0.15 or greater, or if a child under 16 was in the vehicle. Penalties also may increase if the driver caused injuries or property damage, there were passengers in the vehicle, or the driver was driving the wrong way on a certain type of highway. 

Washington, D.C. DUI Laws

Section 50-2206.11 prohibits operating or being in physical control of a vehicle while being intoxicated, or while being under the influence of alcohol or any drug or a combination. “Intoxicated” is defined elsewhere as having an alcohol concentration of 0.08 grams or more per 100 mL of blood or 210 liters of breath, or 0.10 grams or more per 100 mL of urine. Section 50-2206.14 prohibits operating or being in physical control of a vehicle while the person’s ability to do this task is impaired by the consumption of alcohol or any drug or a combination.

Penalties increase if a driver had a BAC of at least 0.20 (or 0.25 per 100 mL of urine), increase again if their BAC was at least 0.25 (0.32 per 100 mL of urine), and increase yet again if their BAC was at least 0.30 (0.39 per 100 mL of urine). Penalties also increase if the driver had any of certain specified drugs in their blood or urine, such as PCP, cocaine, or morphine. A driver who had a minor in the vehicle faces an additional penalty. 

West Virginia DUI Laws

West Virginia prohibits driving a vehicle while the driver is in an impaired state. This is defined as having a BAC of 0.08 or more, or being under the influence of alcohol, any controlled substance, any other drug or inhalant substance, or a combination of alcohol and a controlled substance or drug. Penalties increase if the driver had a BAC of 0.15 or more, the driver caused injuries or death to someone else, or there was a child under 16 in the vehicle. 

Wisconsin DUI Laws

Wisconsin prohibits driving or operating a vehicle while having a prohibited alcohol concentration, which is separately defined as an alcohol concentration of 0.08 or more. More generally, it prohibits driving or operating a vehicle while being under the influence of an intoxicant, a controlled substance, a controlled substance analog, or a combination of these, or while being under the influence of any other drug or the combined influence of an intoxicant and any other drug to a degree that makes the person incapable of safely driving. Finally, the statute prohibits driving or operating a vehicle while the person has a detectable amount of a restricted controlled substance in their blood.

Penalties increase if the driver caused injuries to someone else, or if a minor passenger under 16 was in the vehicle. 

Wyoming DUI Laws

Wyoming prohibits driving or having actual physical control of a vehicle if the person has a BAC of 0.08 or more, or if they have a BAC of 0.08 or more within two hours after driving or being in actual physical control of the vehicle. The statute more generally prohibits driving or having actual physical control of a vehicle while being under the influence of alcohol, a controlled substance, or both to a degree that makes the person incapable of safely driving.

Penalties increase if the driver caused a serious bodily injury, or if they were 18 or older and had a child passenger in the vehicle. A driver who had a BAC of 0.15 or more must operate only vehicles equipped with an ignition interlock device for six months.