In The Know Zone

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


Drinking and Driving Data

  • Approximately 16,000 people are killed each year in alcohol-related crashes in the U.S. (1)
  • Each year, approximately 2,200 16-20 year olds are killed in alcohol-related car crashes. (3)
  • Since 1980, the greatest decline in fatalities among legally drunk drivers was in the 16-20 year-old group. (2)
  • 28% of fatally injured motor vehicle drivers last year had BACs of at least 0.10%. (2)
  • Four out of five states that lowered the legal BAC to .08% saw significant decreases in alcohol-related crashes. (2)
  • Alcohol involvement in crashes peaks at night and is higher on weekends than on weekdays. (2)
  • Among accidents occurring between 9 p.m. and 6 a.m. last year, 53% of fatally injured drivers had BACs at or above 0.10%, compared with 15% of drivers during other hours. (2)
  • Last year, 39% of fatally injured drivers on weekends (6 p.m. Friday to 6 a.m. Monday) had BACs at or above 0.10 %, compared with 21% of drivers on weekdays. (2)

Sources:
1 -- National Highway Traffic Safety Administration
2 -- Insurance Institute for Highway Safety
3 -- Mothers Against Drunk Driving

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