DWI conviction by state
All 50 states and the District of Columbia have laws that it as a crime to drive with a blood alcohol concentration (BAC) at or above a specified level, currently 0.08 percent (0.08 g alcohol per 100 ml blood).
Because administrative license suspension occurs immediately, it has been found to be more effective than post-conviction sanctions. Administrative license suspension is allowed in 41 states and the District of Columbia.
License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Licenses can also be taken before conviction, under a procedure called administrative license suspension, when a driver fails or refuses to take a chemical test.
More than half of all U.S. states require DUI and DWI offenders to install interlocks on their vehicles in order to drive during a license suspension and/or require the devices for specified time periods before fully relicensing offenders.
Interlock devices analyze a driver's breath and disable the ignition if the driver has been drinking.
DWI conviction by state
In many states driving privileges can be restored during a suspension, but drivers usually must demonstrate special hardship, and the restored privileges often come with limitations. For example, a person could be allowed only to drive to work or could be required to install an ignition interlock.
15 states apply the restriction to offenders with high BACs (usually 0.15 percent or higher) and to repeat offenders, and 7 states apply the restriction only to repeat offenders.
In 15 states and 4 California counties, such a restriction is applied to all offenders, including first-time offenders.
The remaining states don't have mandatory interlock laws, though courts or departments of motor vehicles in 17 states and D.C. have the discretion to require them. Only South Dakota has no interlock laws.
DWI conviction by state http://duidwiresources.blogspot.com/
All 50 states and the District of Columbia have laws that it as a crime to drive with a blood alcohol concentration (BAC) at or above a specified level, currently 0.08 percent (0.08 g alcohol per 100 ml blood).
Because administrative license suspension occurs immediately, it has been found to be more effective than post-conviction sanctions. Administrative license suspension is allowed in 41 states and the District of Columbia.
License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Licenses can also be taken before conviction, under a procedure called administrative license suspension, when a driver fails or refuses to take a chemical test.
More than half of all U.S. states require DUI and DWI offenders to install interlocks on their vehicles in order to drive during a license suspension and/or require the devices for specified time periods before fully relicensing offenders.
Interlock devices analyze a driver's breath and disable the ignition if the driver has been drinking.
DWI conviction by state
In many states driving privileges can be restored during a suspension, but drivers usually must demonstrate special hardship, and the restored privileges often come with limitations. For example, a person could be allowed only to drive to work or could be required to install an ignition interlock.
15 states apply the restriction to offenders with high BACs (usually 0.15 percent or higher) and to repeat offenders, and 7 states apply the restriction only to repeat offenders.
In 15 states and 4 California counties, such a restriction is applied to all offenders, including first-time offenders.
The remaining states don't have mandatory interlock laws, though courts or departments of motor vehicles in 17 states and D.C. have the discretion to require them. Only South Dakota has no interlock laws.
DWI conviction by state http://duidwiresources.blogspot.com/
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense?1 | Restore driving privileges during suspension?1,2 | Do penalties include interlock/forfeiture?3 | Open container laws |
| Alabama | 0.08 | 90 days | no | no/no | driver/passenger |
| Alaska | 0.08 | 90 days | after 30 days | yes/yes | driver |
| Arizona | 0.08 | 90 days | after 30 days | yes/yes | driver/passenger |
| Arkansas | 0.08 | 120 days | yes | yes/yes | -- |
| California | 0.08 | 4 months | after 30 days | yes/yes | driver/passenger |
| Colorado | 0.08 | 3 months | yes | yes/no | driver/passenger (eff. 7/1/05) |
| Connecticut | 0.08 | 90 days | yes | no/no | -- |
| Delaware | 0.08 | 3 months | no | yes/no | -- |
| District of Columbia | 0.08 | 2-90 days | yes | yes/no | driver/passenger |
| Florida | 0.08 | 6 months | after 30 days | yes/yes | driver/passenger |
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense?1 | Restore driving privileges during suspension?1,2 | Do penalties include interlock/forfeiture?3 | Open container laws |
| Georgia | 0.08 | 1 year | yes | yes/yes | driver/passenger |
| Hawaii | 0.08 | 3 months | after 30 days | yes/no | driver/passenger |
| Idaho | 0.08 | 90 days | after 30 days | yes/no | driver/passenger |
| Illinois | 0.08 | 3 months | after 30 days | yes/yes | driver/passenger |
| Indiana | 0.08 | 180 days | after 30 days | yes/no | driver/passenger |
| Iowa | 0.08 | 180 days | after 90 days | yes/no | driver/passenger |
| Kansas | 0.08 | 30 days | no | yes/no | driver |
| Kentucky | 0.08 | -- | -- | yes/yes | driver/passenger |
| Louisiana | 0.08 | 90 days | after 30 days | yes/yes | driver/passenger |
| Maine | 0.08 | 90 days | yes | yes/yes | driver/passenger |
DWI conviction by state http://duidwiresources.blogspot.com/
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense?1 | Restore driving privileges during suspension?1,2 | Do penalties include interlock/forfeiture?3 | Open container laws |
| Maryland | 0.08 | 45 days | yes | yes/no | driver/passenger |
| Massachusetts | 0.08 | 90 days | no | no/no | driver/passenger |
| Michigan | 0.084 | -- | -- | yes/yes | driver/passenger |
| Minnesota | 0.08 (eff. 08/01/05) | 90 days | after 15 days | yes/yes | driver/passenger |
| Mississippi | 0.08 | 90 days | no | yes/yes | -- |
| Missouri | 0.08 | 30 days | no | yes/yes | -- |
| Montana | 0.08 | -- | -- | yes/yes | driver/passenger |
| Nebraska | 0.08 | 90 days | after 30 days | yes/no | driver/passenger |
| Nevada | 0.08 | 90 days | after 45 days | yes/no | driver/passenger |
| New Hampshire | 0.08 | 6 months | no | yes/no | driver/passenger |
DWI conviction by state http://duidwiresources.blogspot.com/
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense?1 | Restore driving privileges during suspension?1,2 | Do penalties include interlock/forfeiture?3 | Open container laws |
| New Jersey | 0.08 | -- | -- | yes/no | driver/passenger |
| New Mexico | 0.08 | 90 days | after 30 days | yes/no | driver/passenger |
| New York | 0.08 | variable5 | yes | yes/yes | driver/passenger |
| North Carolina | 0.08 | 30 days | after 10 days | yes/yes | driver/passenger |
| North Dakota | 0.08 | 91 days | after 30 days | yes/yes | driver/passenger |
| Ohio | 0.08 | 90 days | after 15 days | yes/yes | driver/passenger |
| Oklahoma | 0.08 | 180 days | yes | yes/yes | driver |
| Oregon | 0.08 | 90 days | after 30 days | yes/yes | driver/passenger |
| Pennsylvania | 0.08 | -- | -- | yes/yes | driver/passenger |
| Rhode Island | 0.08 | -- | -- | yes/yes | driver |
DWI conviction by state http://duidwiresources.blogspot.com/
| State | BAC Defined as illegal per se | Administrative license suspension 1st offense?1 | Restore driving privileges during suspension?1,2 | Do penalties include interlock/forfeiture?3 | Open container laws |
| South Carolina | 0.08 | -- | -- | yes/yes | driver/passenger |
| South Dakota | 0.08 | -- | -- | no/no | driver/passenger |
| Tennessee | 0.08 | -- | -- | yes/yes | driver6 |
| Texas | 0.08 | 90 days | yes | yes/yes | driver/passenger |
| Utah | 0.08 | 90 days | no | yes/no | driver/passenger |
| Vermont | 0.08 | 90 days | no | no/yes | driver/passenger |
| Virginia | 0.08 | 7 days | no | yes/yes | -- |
| Washington | 0.08 | 90 days | after 30 days | yes/yes | driver/passenger |
| West Virginia | 0.08 | 6 months | after 30 days | yes/no | -- |
| Wisconsin | 0.08 | 6 months | yes | yes/yes | driver/passenger |
| Wyoming | 0.08 | 90 days | yes | no/no | driver |
1 Information pertains to drivers in violation of the BAC defined as illegal per se for all drivers, not the special BAC for young drivers.
2 Drivers usually must demonstrate special hardship to justify restoring privileges during suspension, and then privileges often are restricted.
3 A multiple offender's vehicle may be seized and disposed.
4 The 0.08 per se BAC law in Michigan contains a sunset clause which states that the legal BAC will revert to 0.10 on October 1, 2013.
5 In New York, administrative license suspension lasts until prosecution is complete.
6 In Tennessee, the open container law does not prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting passengers from possessing an open container
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