Drunk driving penalties are a lot like real estate values -- it all comes down to location, location, location. Before you even think of getting behind the wheel after having just one drink, you should know the DUI laws of your state. Even if you do not feel the effects of alcohol, your blood alcohol content (BAC) may exceed your state's legal limit because everyone's body and alcohol tolerance is different. Although as seen in the chart below, some similarities are shared across the board, it is important to note that state DUI laws vary across the country.
For example, while the blood alcohol content (BAC) levels are all .08, the punishments vary widely. Arizona, Tennessee, and Georgia are among the states with mandatory jail time for first offenders. On the other hand, California, Connecticut, and Indiana don't have such a requirement. Then there is Wisconsin, where a first-offense drunken driving isn't even a crime. It's a civil infraction that results in a ticket.
This chart compares the DUI /DWI laws of all 50 states and the District of Columbia:
| State | "Per Se" BAC Level | "Zero Tolerance" BAC Level | Enhanced Penalty BAC Level | "Implied Consent" Law |
Alabama |
.08 |
.02 |
-- |
Yes |
Alaska |
.08 |
.00 |
.15 |
Yes |
Arizona |
.08 |
.00 |
.15 |
Yes |
Arkansas |
.08 |
.02 |
.15 |
Yes |
California |
.08 |
.02 |
.16 |
Yes |
Colorado |
.08 |
.02 |
.17 |
Yes |
Connecticut |
.08 |
.02 |
.16 |
Yes |
Delaware |
.08 |
.02 |
.15 |
Yes |
District of Columbia |
.08 |
.00 |
.15 |
Yes |
Florida |
.08 |
.02 |
.15 |
Yes |
Georgia |
.08 |
.02 |
.15 |
Yes |
Hawaii |
.08 |
.02 |
.15 |
Yes |
Idaho |
.08 |
.02 |
.20 |
Yes |
Illinois |
.08 |
.00 |
.16 |
Yes |
Indiana |
.08 |
.02 |
.15 |
Yes |
Iowa |
.08 |
.02 |
.15 |
Yes |
Kansas |
.08 |
.02 |
.15 |
Yes |
Kentucky |
.08 |
.02 |
.18 |
Yes |
Louisiana |
.08 |
.02 |
.15 |
Yes |
Maine |
.08 |
.00 |
.15 |
Yes |
Maryland |
.08 |
.02 |
-- |
Yes |
Massachusetts |
.08 |
.02 |
.20 |
Yes |
Michigan |
.08 |
.02 |
.17 |
Yes |
Minnesota |
.08 |
.00 |
.16 |
Yes |
Mississippi |
.08 |
.02 |
-- |
Yes |
Missouri |
.08 |
.02 |
.15 |
Yes |
Montana |
.08 |
.02 |
-- |
Yes |
Nebraska |
.08 |
.02 |
.15 |
Yes |
Nevada |
.08 |
.02 |
.18 |
Yes |
New Hampshire |
.08 |
.02 |
.18 |
Yes |
New Jersey |
.08 |
.01 |
.10 |
Yes |
New Mexico |
.08 |
.02 |
.16 |
Yes |
New York |
.08 |
.02 |
.18 |
Yes |
North Carolina |
.08 |
.00 |
.15 |
Yes |
North Dakota |
.08 |
.02 |
.18 |
Yes |
Ohio |
.08 |
.02 |
.17 |
Yes |
Oklahoma |
.08 |
.02 |
.17 |
Yes |
Oregon |
.08 |
.00 |
-- |
Yes |
Pennsylvania |
.08 |
.02 |
.16 |
Yes |
Rhode Island |
.08 |
.02 |
.15 |
Yes |
South Carolina |
.08 |
.02 |
.16 |
Yes |
South Dakota |
.08 |
.02 |
.17 |
Yes |
Tennessee |
.08 |
.02 |
.20 |
Yes |
Texas |
.08 |
.02 |
.15 |
Yes |
Utah |
.05 |
.02 |
.16 |
Yes |
Vermont |
.08 |
.02 |
-- |
Yes |
Virginia |
.08 |
.02 |
.15 |
Yes |
Washington |
.08 |
.02 |
.15 |
Yes |
West Virginia |
.08 |
.02 |
.15 |
Yes |
Wisconsin |
.08 |
.02 |
.15 |
Yes |
Wyoming |
.08 |
.02 |
.15 |
Yes |
Regardless of Your State's DUI Laws, an Attorney Can Help You
DUI (or DWI, OUI, etc.) laws vary from state to state, including the license suspension procedure and penalties upon conviction. Even though the thought of hiring an attorney can be daunting, having experienced counsel by your side can make a huge difference. Don't delay; contact a local DUI attorney today.
