DUI Laws by State

State "Per Se"
BAC Level
"Zero Tolerance"
BAC Level
Enhanced Penalty
BAC Level
"Implied Consent"
Law
AK .08 .00 -- Yes
AL .08 .02 -- Yes
AR .08 .02 .18 Yes
AZ .08 .00 .15 Yes
CA .08 .01 .20 Yes
CO .08 .02 .20 Yes
CT .08 .02 .16 Yes
DC .08 .00 -- Yes
DE .08 .02 .20 Yes
FL .08 .02 .20 Yes
GA .08 .02 .15 Yes
HI .08 .02 -- Yes
IA .08 .02 .15 Yes
ID .08 .02 .20 Yes
IL .08 .00 .20 Yes
IN .08 .02 .15 Yes
KS .08 .02 .15 Yes
KY .08 .02 .18 Yes
LA .08 .02 .15 Yes
MA .08 .02 -- Yes
MD .08 .00 -- Yes
ME .08 .00 .15 Yes
MI .08 .02 -- Yes
MN .08 .00 .20 Yes
MO .08 .02 -- Yes
MS .08 .02 -- Yes
MT .08 .02 -- Yes
NC .08 .00 .16 Yes
ND .08 .02 -- Yes
NE .08 .02 -- Yes
NH .08 .02 .16 Yes
NJ .08 .01 -- Yes
NM .08 .02 .16 Yes
NV .08 .02 .18 Yes
NY .08 .02 -- Yes
OH .08 .02 .17 Yes
OK .08 .00 .15 Yes
OR .08 .00 -- Yes
PA .08 .02 .16 Yes
RI .08 .02 .15 Yes
SC .08 .02 -- Yes
SD .08 .02 .17 Yes
TN .08 .02 .20 Yes
TX .08 .00 -- Yes
UT .08 .00 .16 Yes
VA .08 .02 .20 Yes
VT .08 .02 -- Yes
WA .08 .02 .15 Yes
WI .08 .02 .20 Yes
WV .08 .02 -- Yes
WY .08 .02 -- Yes

DUI Laws

"Per Se" Blood Alcohol Concentration (BAC) Level

As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary. This chart identifies the "per se intoxicated" BAC levels for each state.

"Zero Tolerance" Blood Alcohol Concentration (BAC) Level

All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent. This chart identifies the "zero tolerance" BAC levels for each state.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level

Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions. This chart identifies the "enhanced penalty" BAC levels for each state.

"Implied Consent" Laws

"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year. This chart indicates "implied consent" laws for each state.

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