|
Alcohol
and the Law
Driving
skills are affected adversely in most people beginning at
a BAC of just .05%.
The
U.S. National Highway Traffic Safety Administration (NHTSA)
has made it illegal to operate a motor vehicle with a BAC
at or above .10%. Each state has its own laws about the BAC
level that equals "driving under the influence"
(DUI) or "driving while intoxicated" (DWI). Most
states use .10% as the legal definition of "intoxicated"
for drivers aged 21 and above. Nineteen states and the District
of Columbia have lowered that limit to .08%. Massachusetts
is the only state that does not prohibit drinking and driving
with a specific BAC level.
Some
states also have adopted a zero-tolerance standard for teenage
drivers. Violators have their licenses suspended and face
other legal consequences for operating a motor vehicle with
any detectable blood-alcohol levels.
The
following are BAC-related data for the
50 states and the District of Columbia for the first offense
only. All states impose fines, ranging from $100 to $1000
for the first offense. States also have jail time guidelines,
which range from 48 hours to two years, depending on the state
and the severity of the offense. Some states also impound
vehicles from one to thirty days. Penalties are increased
dramatically with second, third, and subsequent offenses.
In many states, a fourth offense is an automatic felony with
penitentiary time attached.
|
State
|
BAC
defined as illegal per se
|
Driver
license suspension
|
Restore
driving privileges during suspension?
|
|
Alabama
|
.08
|
90
days
|
No
|
|
Alaska
|
.10
|
90
days
|
After
30 days
|
|
Arizona
|
.10
|
90
days
|
After
30 days
|
|
Arkansas
|
.10
|
120
days
|
Yes
|
|
California
|
.08
|
4
months
|
After
30 days
|
|
Colorado
|
.10
|
3
months
|
Yes
|
|
Connecticut
|
.10
|
90
days
|
Yes
|
|
Delaware
|
.10
|
3
months
|
No
|
|
District
of Columbia
|
.08
|
2-90
days
|
Yes
|
|
Florida
|
.08
|
6
months
|
Yes
|
|
Georgia
|
.10
|
1
year
|
Yes
|
|
Hawaii
|
.08
|
3
months
|
After
30 days
|
|
Idaho
|
.08
|
90
days
|
After
30 days
|
|
Illinois
|
.08
|
3
months
|
After
30 days
|
|
Indiana
|
.10
|
180
days
|
After
30 days
|
|
Iowa
|
.10
|
180
days
|
Yes
|
|
Kansas
|
.08
|
30
days
|
No
|
|
Kentucky
|
.08
|
--
|
--
|
|
Louisiana
|
.10
|
90
days
|
After
30 days
|
|
Maine
|
.08
|
90
days
|
Yes
|
|
Maryland
|
.10
|
45
days
|
Yes
|
|
Massachusetts
|
None
|
90
days
|
No
|
|
Michigan
|
.10
|
--
|
--
|
|
Minnesota
|
.10
|
90
days
|
After
15 days
|
|
Mississippi
|
.10
|
90
days
|
No
|
|
Missouri
|
.10
|
30
days
|
No
|
|
Montana
|
.10
|
--
|
--
|
|
Nebraska
|
.10
|
90
days
|
After
30 days
|
|
Nevada
|
.10
|
90
days
|
After
45 days
|
|
New
Hampshire
|
.08
|
6
months
|
No
|
|
New
Jersey
|
.10
|
--
|
--
|
|
New
Mexico
|
.08
|
90
days
|
After
30 days
|
|
New
York
|
.10
|
Variable
|
Yes
|
|
North
Carolina
|
.08
|
10
days
|
no
|
|
North
Dakota
|
.10
|
91
days
|
after
30 days
|
|
Ohio
|
.10
|
90
days
|
after
15 days
|
|
Oklahoma
|
.10
|
180
days
|
Yes
|
|
Oregon
|
.10
|
90
days
|
After
30 days
|
|
Pennsylvania
|
.10
|
--
|
--
|
|
Rhode
Island
|
.08
|
--
|
--
|
|
South
Carolina
|
.10
|
--
|
--
|
|
South
Dakota
|
.10
|
--
|
--
|
|
Tennessee
|
.10
|
--
|
--
|
|
Texas
|
.08
|
60
days
|
Yes
|
|
Utah
|
.08
|
90
days
|
No
|
|
Vermont
|
.08
|
90
days
|
No
|
|
Virginia
|
.08
|
7
days
|
No
|
|
Washington
|
.08
|
90
days
|
After
30 days
|
|
West
Virginia
|
.10
|
6
months
|
After
30 days
|
|
Wisconsin
|
.10
|
6
months
|
Yes
|
|
Wyoming
|
.10
|
90
days
|
Yes
|
|
