DUI Laws by State

Alabama DUI laws set a 0.08% BAC limit for drivers 21+, with strict penalties escalating for repeat offenses. Unique implied consent rules trigger automatic license suspension even on refusal.

BAC limit: 0.08

Alaska DUI laws set a strict 0.08% BAC limit, triggering immediate license suspension and criminal charges. First-time offenders face up to 1 year jail, fines, and ignition interlock requirements.

BAC limit: 0.08

Arizona enforces strict DUI laws with a 0.08% BAC limit, 'slightest degree' impairment standard, and felony upgrades for repeat or aggravated cases. First-time offenders face jail, fines, license loss, and long-term consequences like higher insurance.

BAC limit: 0.08

Arkansas DUI laws set a 0.08% BAC limit, with escalating penalties for repeat offenses including jail, fines, and license suspension. Unique implied consent rules trigger automatic suspensions even on refusal.

BAC limit: 0.08

California enforces a strict 0.08% BAC limit for DUI, with automatic arrests and severe penalties even for first offenses. Unique implied consent laws add immediate license suspensions, making swift legal action essential.

BAC limit: 0.08

Colorado enforces a strict 0.08% BAC limit for DUI per se, with DWAI at 0.05% and zero tolerance for underage at 0.02%. Even below limits, impairment can lead to charges, with severe penalties including jail, fines, and license loss.

BAC limit: 0.08

Connecticut DUI laws set a 0.08% BAC limit for adults, with stricter 0.04% for CDL holders and 0.02% for under-21 drivers. First offenses bring fines, suspensions, and potential jail amid aggressive enforcement.

BAC limit: 0.08

Delaware enforces strict DUI laws with a 0.08% BAC limit, leading to license suspension, fines, and potential jail for first offenses. Unique elements like 4-hour BAC testing and drug per-se laws make DE cases complex.

BAC limit: 0.08

Florida's DUI laws enforce a strict 0.08% BAC limit with severe penalties, including jail, fines, and license suspension for first offenses. Recent 2026 updates via Trenton's Law (HB 687) criminalize breath test refusal as a second-degree misdemeanor.

BAC limit: 0.08

Georgia enforces strict DUI laws with a 0.08% BAC limit for adults, harsher penalties for repeat offenses, and unique 'less safe' charges even below the limit. First-time offenders face license suspension, fines, and possible jail, but defenses can lead to dismissal.

BAC limit: 0.08

Hawaii enforces strict OVUII laws with a 0.08% BAC limit for adults and zero tolerance for drivers under 21. Penalties escalate quickly for repeat offenses, including mandatory jail, license revocation, and ignition interlock devices.

BAC limit: 0.08

Idaho enforces strict DUI laws with a 0.08 BAC limit for adults and 0.02 for under 21, triggering immediate license suspension and criminal charges. Penalties escalate quickly for repeats, injuries, or high BAC, but defenses like faulty tests can lead to dismissal.

BAC limit: 0.08

Illinois enforces a strict 0.08 BAC DUI limit under 625 ILCS 5/11-501, with first-offense penalties including license suspension and fines. Unique implied consent laws mean test refusal adds a 1-year suspension.

BAC limit: 0.08

Indiana enforces a strict 0.08% BAC limit for OWI charges under IC 9-30-5, with zero tolerance for under-21 drivers. First-time offenders face license suspension, fines, and potential jail, but defenses like faulty tests can lead to dismissal.

BAC limit: 0.08

Iowa calls it OWI: Operating While Intoxicated, with a 0.08 BAC limit for adults. Penalties escalate quickly, but strong defenses and compliance can minimize long-term damage.

BAC limit: 0.08

Kansas enforces strict DUI laws with a 0.08% BAC limit for adults, leading to immediate license suspension, fines, and potential jail time even on a first offense. Unique aspects include mandatory ignition interlock for many convictions and felony elevation for high BAC or repeat offenses.

BAC limit: 0.08

Kentucky DUI laws prohibit driving with 0.08% BAC or impairment, leading to license suspension, fines, and jail. Strict enforcement targets repeat offenders and high-BAC cases.

BAC limit: 0.08

Louisiana enforces strict DUI laws with a 0.08% BAC limit, mandatory jail for repeat offenses, and ignition interlock devices. First-time offenders face license suspension, fines, and DUI school, but defenses like faulty tests can lead to dismissal.

BAC limit: 0.08

Maine's DUI laws (OUI) prohibit driving with 0.08% BAC or any impairment from intoxicants, leading to immediate license suspension and criminal charges. Even sub-0.08 readings can result in conviction based on officer observations.

BAC limit: 0.08

Maryland enforces a strict 0.08 BAC DUI limit with immediate license suspension, heavy fines, and jail time even for first offenses. Unique implied consent laws mean test refusal adds 120+ days suspension.

BAC limit: 0.08

Massachusetts enforces strict DUI laws with a 0.08% BAC limit, leading to immediate license suspension, fines, and potential jail for first offenses. Unique 24D diversion program offers first-time offenders a path to avoid conviction through education and probation.

BAC limit: 0.08

Michigan enforces a strict 0.08 BAC DUI limit, with 'super drunk' penalties at 0.17, but impairment charges possible below that. First offenses risk jail, fines, and license loss, making skilled defense essential.

BAC limit: 0.08

Minnesota enforces a strict 0.08% BAC limit for DUI, with zero tolerance for under-21 drivers and enhanced penalties for high BAC or repeat offenses. Even below 0.08%, impairment evidence can lead to arrest under MN Stat. § 169A.20.

BAC limit: 0.08

Mississippi enforces a strict 0.08% BAC limit for DUI, with escalating penalties for repeat offenses including jail, fines, and license loss. Unique implied consent laws mandate testing, but strong defenses can lead to dismissals.

BAC limit: 0.08

Missouri enforces strict DUI laws with a 0.08% BAC limit for adults and zero tolerance for drivers under 21. A first offense typically means a 90-day license suspension, fines, and DUI education, but defenses can lead to dismissal.

BAC limit: 0.08

Montana enforces strict DUI laws with a 0.08 BAC limit, escalating penalties for repeats within 10 years, including jail, fines, and license loss. Recent Bobby's Law mandates 3-year minimums for fatal high-BAC DUIs.

BAC limit: 0.08

Nebraska enforces strict DUI laws with a 0.08% BAC limit for adults, zero tolerance for under-21 drivers at 0.02%, and enhanced penalties for high BAC or repeat offenses. First-time offenders face license revocation, fines, and possible jail, but defenses and rehab options can mitigate consequences.

BAC limit: 0.08

Nevada enforces strict DUI laws with a 0.08% BAC limit, leading to immediate license suspension, jail time, and fines even for first offenses. Unique two-hour BAC testing rule and ignition interlock mandates make NV cases challenging.

BAC limit: 0.08

New Hampshire enforces strict DUI laws with a 0.08 BAC limit, mandatory license suspensions starting at 9 months for first offenses, and enhanced penalties for refusals effective 2027. Refusal now triggers up to 1-year suspension, closing the 'refusal loophole' amid high refusal rates.

BAC limit: 0.08

New Jersey enforces a strict 0.08% BAC limit for DWI, with enhanced penalties for higher levels, refusals, and repeat offenses. First-time offenders face license suspension, fines, and mandatory education, but defenses like faulty tests can lead to dismissal.

BAC limit: 0.08

New Mexico enforces strict DUI laws with a 0.08 BAC limit for adults, lower thresholds for CDL holders and minors, leading to license suspension, fines, and jail time even for first offenses. Unique aspects include implied consent laws and aggravated penalties for high BAC or repeat offenses.

BAC limit: 0.08

New York enforces strict DUI laws with a 0.08% BAC limit for standard drivers, leading to misdemeanor charges, license revocation, and fines. Unique features include multiple impairment levels like DWAI and zero-tolerance for under-21 drivers.

BAC limit: 0.08

North Carolina enforces strict DUI laws with a 0.08 BAC limit, using a six-level sentencing system based on aggravating factors that can lead to fines up to $10,000 and permanent license loss for repeats. First offenses often result in probation, community service, and substance assessments rather than jail.

BAC limit: 0.08

North Dakota enforces a strict 0.08% BAC limit for DUI, with tiered penalties escalating for high BAC and repeat offenses within 7 years. First-time offenders face fines, potential jail, license suspension, and mandatory addiction evaluation.

BAC limit: 0.08

Ohio calls it OVI: Driving with 0.08+ BAC or impaired by drugs/alcohol is illegal under ORC 4511.19. Penalties escalate quickly with priors or aggravators.

BAC limit: 0.08

Oklahoma's DUI laws toughened by SB 54 effective Nov 2025 make even first offenses felonies with mandatory jail for crashes, kids in car, or BAC 0.15+. Know your rights, penalties, and paths to dismissal or reinstatement.

BAC limit: 0.08

Oregon enforces strict DUII laws with a 0.08% BAC per se limit, but impairment from any alcohol, drugs, or combination can lead to arrest. First-time offenders face license suspension, fines, and mandatory screening, with harsher penalties for repeats or aggravators.

BAC limit: 0.08

Pennsylvania enforces a strict 0.08% BAC limit for DUI, with enhanced penalties for high BAC or repeats. First offenses risk jail, fines, and license loss, but defenses like faulty tests can lead to dismissal.

BAC limit: 0.08

Rhode Island enforces strict DUI laws with a 0.08% BAC limit, escalating penalties for repeats now under a 10-year lookback since 2025. First offenses bring fines, suspensions, and possible jail, but strong defenses can lead to dismissals.

BAC limit: 0.08

South Carolina enforces strict DUI laws with a 0.08% BAC limit, treating DUI and DUAC similarly under SC Code § 56-5-2930. First-time offenders face fines up to $1,000, jail time, and license suspension, with escalating penalties for repeats.

BAC limit: 0.08

South Dakota enforces strict DUI laws with a 0.08% BAC limit, leading to license suspension, fines, and jail for convictions. Unique implied consent rules and felony upgrades for repeat offenses make SD cases high-stakes.

BAC limit: 0.08

Tennessee enforces a strict 0.08% BAC limit for DUI, with enhanced penalties at 0.15% BAC and zero tolerance for under-21 drivers. First offenses often mean 48 hours jail, $350-$1,500 fines, and one-year license suspension, escalating sharply for repeats.

BAC limit: 0.08

Texas enforces strict DUI/DWI laws with a 0.08% BAC limit, enhanced penalties for high BAC (0.15+) as of 2026, and escalating consequences for repeats. First-time offenders face jail, fines, and license loss, but defenses can fight charges effectively.

BAC limit: 0.08

Utah enforces one of the nation's strictest DUI laws with a 0.05 BAC limit, mandatory penalties even for first offenses, and new 2026 interdicted ID markings for extreme DUIs. Know your rights to fight charges effectively.

BAC limit: 0.05

Vermont enforces strict DUI laws with a 0.08 BAC limit, allowing charges even below that if impaired. Penalties escalate quickly for repeat offenses, including felony status for third DUIs.

BAC limit: 0.08

Virginia DUI laws set a 0.08% BAC limit, but impairment convictions occur below that threshold too. First offenses risk up to 1 year jail, $2,500 fines, and license suspension under VA Code §18.2-266.

BAC limit: 0.08

Washington enforces a strict 0.08% BAC limit for DUI, with escalating penalties for repeat offenses including jail, fines, and license loss. Unique implied consent laws trigger automatic suspensions even before conviction.

BAC limit: 0.08

West Virginia enforces a strict 0.08% BAC limit for DUI, with enhanced penalties for high BAC and repeat offenses. First-time offenders face potential jail, fines, and license suspension, but defenses and rehab can mitigate consequences.

BAC limit: 0.08

Wisconsin DUI (OWI) laws set a 0.08 BAC limit for drivers over 21, with zero tolerance for under-21s and harsher rules for repeat offenders. Penalties escalate quickly, including jail, fines, and license loss.

BAC limit: 0.08

Wyoming enforces strict DUI laws with a 0.08% BAC limit for adults, leading to immediate license suspension, fines, and jail time even for first offenses. Unique presumptions of innocence below 0.05% BAC and tough penalties make professional legal help essential.

BAC limit: 0.08