State DUI Laws

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Laws from state to state pertaining to driving under the influence (DUI) of alcohol or drugs differ, but in every state it is a crime to drive while impaired by these substances.

Below you will find a chart that compares state DUI laws.

"Per Se" blood-alcohol concentration (BAC) level is the level at which a driver is considered intoxicated by law, with no additional proof beyond the BAC needed. In every state that level is .08.

Every state has "Implied Consent" laws. The state that drivers suspected of DUI must submit to a chemical test (breath, blood or urine), and penalties are applied for refusing these tests.

Note that, in this chart:

  • "Zero Tolerance" BAC level is the level at which drivers under 21 may be prosecuted for DUI.
  • "Enhanced Penalty" BAC level is the level at which drivers may face harsher punishment.

State

"Zero Tolerance" BAC Level

"Enhanced Penalty" BAC Level

AL .02 N/A
AK .00 N/A
AZ .00 .15
AR .02 .18
CA .01 .20
CO .02 .20
CT .02 .16
DE .02 .20
DC .00 N/A
FL .02 .20
GA .02 .15
HI .02 N/A
ID .02 .20
IL .00 .20
IN .02 .15
IA .02 .15
KS .02 .15
KY .02 .18
LA .02 .15
ME .00 .15
MD .00 N/A
MA .02 N/A
MI .02 N/A
MN .00 .20
MS .02 N/A
MO .02 N/A
MT .02 N/A
NE .02 N/A
NV .02 .18
NH .02 .16
NJ .01 N/A
NM .02 .16
NY .02 N/A
NC .00 .16
ND .02 N/A
OH .02 .17
OK .00 .15
OR .00 N/A
PA .02 .16
RI .02 .15
SC .02 N/A
SD .02 .17
TN .02 .20
TX .00 N/A
UT .00 .16
VT .02 N/A
VA .02 .20
WA .02 .15
WV .02 N/A
WI .02 .20
WY .02 N/A
Source: USA.gov
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