Drunk Driving Laws and Penalties: 50-State Survey

Drunk driving charges can affect people from all walks of life. Those arrested for driving under the influence (DUI) are often people who have no other history with the criminal justice system, and who want to know what the potential penalties may be if they are convicted.

Per Se DUI Offenses

The chart below lists minimum penalties for the per se offense of driving with a blood alcohol concentration (BAC) over the legal limit, which is usually .08% for adults, .04% for commercial drivers, and .02% or zero tolerance for under age 21. Note that it is still possible to be charged with and convicted of a drunk driving offense in many states even with a BAC below the per se offense level. Law enforcement can often consider other factors, such as a driver's demeanor or a BAC reading above a certain level but below .08% in arresting and charging individuals for drunk driving. Further, while some states use terms such as DWI or OWI to refer to the per se offense, these terms are often used interchangeably with "DUI," which is the term the chart below uses.

Implied Consent

Every state has implied consent laws on the books, which essentially state that when individuals apply for drivers' licenses, they consent to provide law enforcement with a sample of breath, blood, or urine following a DUI arrest in order to measure their BAC. Refusing to submit to chemical testing following an arrest for drunk driving can carry significant penalty increases for drivers who are convicted.

License Suspensions & Ignition Interlock Devices

While most states impose lengthy license suspensions or revocations for drivers convicted of DUI, recent years have seen a trend toward somewhat less harsh suspensions but requiring DUI offenders to use ignition interlock devices (IIDs). These devices are installed in a person's vehicle and require the driver to provide a breath sample to ensure their sobriety before they get behind the wheel. There are often significant costs associated with installing and using an IID, and in many states there are substantial penalties for tampering with the device or having a person other than the offender provide the breath sample.

Enhanced Penalties for High BAC & Child Endangerment

Another trend across many states has been to impose much stiffer penalties for drivers with a high BAC (often .15% or above), or those who have minors in the vehicle at the time of their arrest. This can mean more jail time, bigger fines, and longer license suspensions. DUIs involving accidents or injuries also generally carry harsher penalties than a conviction for just drunk driving.

Administrative Penalties

In addition to the criminal penalties listed below, most states have a parallel administrative process whereby the DMV imposes a license suspension (in addition to the temporary and immediate loss of driving privileges that typically follows a DUI arrest) which may apply in addition to any criminal suspension. Where applicable and available, information regarding those administrative penalties is included below.

Federal DUI Charges

DUIs are typically charged under state law, though it is possible to get a DUI under federal law if you are caught driving drunk on federal land, which includes national parks, military bases, and airports. Implied consent laws apply in this situation, and penalties can include up to six months in jail, up to $5,000 in fines, and license suspension in the state(s) in which you are licensed to drive.

State Laws

HI Rev Stat §§ 291E-1, et seq.

LA Rev Stat §§ 14:98, et seq.

29-A ME Rev Stat §§ 2411, et seq.

MA Gen L Ch 90 §§ 24, et seq.

NY Veh & Traf L §§ 1192, et seq.

75 PA Cons Stat §§ 3802, et seq., 1547

Tex. Stat Penal Code §§ 10-49.01, et seq., 3-12.22; Alc Bev Code § 4-106.41; Transp Code §§ 7-B-524.001, et seq., §§ 7-B-521.242, et seq.

Kathryn Robb

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