Car Insurance Drunk-driving penalties by state Written by: Michelle Megna Michelle Megna Michelle, the former editorial director, insurance, at QuinStreet, is a writer, editor and expert on car insurance and personal finance. Prior to joining QuinStreet, she reported and edited articles on technology, lifestyle, education and government for magazines, websites and major newspapers, including the New York Daily News. | Reviewed by: Penny Gusner Penny Gusner Penny is an expert on insurance procedures, rates, policies and claims. She has extensive knowledge of all major insurance lines -- auto, homeowners, life and health insurance. She has been answering consumers’ questions as an analyst for more than 15 years and has been featured in numerous major media outlets, including the Washington Post and Kiplinger’s. | Updated on September 4, 2018 Why you should trust Insure.com Quality Verified At Insure.com, we are committed to providing honest and reliable information so that you can make the best financial decisions for you and your family. All of our content is written and reviewed by industry professionals and insurance experts. We maintain strict editorial independence from insurance companies to maintain editorial integrity, so our recommendations are unbiased and are based on a comprehensive list of criteria. What will happen if you’re pulled over for drunk driving? All 50 states and the District of Columbia have laws that define a driver with a blood alcohol concentration (BAC) at or above 0.08 as legally drunk. Effective Dec. 30, 2018, Utah’s BAC will be set at 0.05 percent. Forty-eight states and D.C. have increased penalties for convictions for BAC levels higher than .08 Typically, license suspension or revocation follows a conviction for drunk driving. In addition, 44 impose an administrative license suspension, where licenses are taken before conviction when a driver fails or refuses to take a chemical test. All states have some form of ignition interlock program. Twenty-seven states (and four California counties) have made ignition interlocks mandatory or highly incentivized for all convicted drunk drivers, even first-time offenders. An additional three states mandate interlocks for high BACs, eight states require them for repeat offenders; and 8 states for both high BAC and repeat offenders. The remaining four states and D.C. make interlocks discretionary. Another consequence of a drunk-driving violation is that car insurance after DUI is more expensive. The average percentage hike is 80 percent ($1,163 more a year), according to Insure.com’s rate analysis. Review the chart below for more information. Source: Governors Highway Safety Association; as of April 2018. Alcohol-Impaired Driving Laws By State State Inc.Penalty for High BAC Admin. License Susp. on 1st Offense Limited Driving Privileges During Susp. Ignition Interlocks Vehicle and License Plate Sanctions Open Container Laws* Repeat Offender Laws* Alcohol Exclusion Laws Limiting Treatment *Meeting Federal Requirements Alabama 0.15 90 days Mandatory for repeat convictions Yes Yes Yes Alaska 0.15 90 days After 30 days Mandatory for all convictions Vehicle impoundment Yes (at judges’ disc.) Arizona 0.15 90 days After 30 days Mandatory for all convictions Immobilization or impoundment Yes Yes Arkansas 0.15 6 months Yes Mandatory for all convictions Vehicle confiscation Yes Yes Yes California 0.15 4 months After 30 days Discretionary Impoundment, vehicle confiscation Yes Yes Mandatory for all convictions in Alameda, Los Angeles, Tulare and Sacramento counties (pilot project) Colorado 0.15 3 months Yes Highly incentivized for all convictions Yes Yes Connecticut 0.16 90 days Yes Mandatory for all convictions Yes Delaware 0.16 3 months Mandatory for all convictions Vehicle sanction and license plate impoundment Yes Yes D.C. .20 and .25 2-90 days or until deposition Yes Discretionary Yes Yes Florida 0.2 6 months for DUI After 30 days Mandatory for high BAC (>.15)convictions Impoundment, vehicle forfeiture Yes Yes Yes 12 months for refusal After 90 days Georgia 0.15 1 year Yes Mandatory for repeat convictions Vehicle confiscation Yes Yes Yes Guam From .08 to.10 Discretionary Yes Yes Hawaii 0.15 3 months After 30 days Mandatory for all convictions Yes Yes Yes Idaho 0.2 90 days After 30 days Mandatory for all convictions(eff. 1/1/19) Yes Yes Yes Illinois 0.16 6 months After 30 days Mandatory for all convictions Impoundment, vehicle confiscation Yes Yes Indiana 0.15 180 days After 30 days Discretionary Vehicle confiscation Yes Yes Iowa 0.15 180 days After 30 days Mandatory for all convictions(eff. 7/1/18) Yes Yes Kansas 0.15 30 days Mandatory for all convictions Yes Yes Yes Kentucky 0.18 30 – 120days Yes Mandatory for high BAC (>.15) and repeat convictions Impoundment Yes Yes Yes Louisiana1 .15 and .20 See footnote Mandatory for all convictions Vehicle confiscation Yes Maine 0.15 90 days Yes Highly incentivized for all convictions Vehicle confiscation Yes Yes Maryland 90 days Yes, w/ interlock Mandatory for all convictions Yes Yes Massachusetts .20 (appliesto ages 17-21) 90 days Yes Mandatory for repeat convictions Vehicle confiscation Yes Yes Yes Michigan2 0.17 See footnote After 45 days Mandatory for high BAC convictions, restricted driving conditions Vehicle confiscation Yes Yes Yes Minnesota 0.16 90 days After 15 days Mandatory for high BAC and repeat convictions Impoundment, vehicle confiscation,special plates/ Yes Yes Yes markings Mississippi 90 days Mandatory for all convictions Impoundment, vehicle confiscation Yes Yes Missouri 0.15 90 days After 0 days w/ interlock use (restricted) Mandatory for repeat convictions Vehicle forfeiture or impoundment (cities w/ 100,000+allowed to enact ordinance) Yes Yes After 30 days (restricted) Montana 0.16 6 months Yes Mandatory for repeat convictions Impoundment, vehicle confiscation Yes Yes Yes Nebraska 0.15 90 days After 30 days Mandatory for all convictions Vehicle immobilization, continuous alcohol monitoring Yes Yes Yes Nevada 0.18 90 days After 45 days Mandatory forall convictions Yes Yes New Hampshire 0.16 6 months Mandatory for high BAC convictions Yes Yes Yes New Jersey 0.1 Mandatory for high BAC (>.15) and repeat convictions Yes Yes Yes New Mexico .16 (w/ mand. jail on all offenses) Immediately w/ Ignition Interlock Mandatory for all convictions Immobilization of vehicle for driving while revoked Yes Yes >21: 6 mo. New York 0.18 Yes Yes Mandatory for all convictions Yes Yes Yes North Carolina 0.15 30 days After 10 days Mandatory for high BAC (>.15) and repeat convictions Vehicle confiscation Yes Yes North Dakota 0.18 91 days After 30 days Discretionary Vehicle confiscation, license plate removal Yes Yes Yes Northern Mariana Islands 30 days – Yes Yes Ohio 0.17 90 days After 15 days Mandatory for repeat convictions Impoundment, vehicle confiscation or immobilization, restricted plates Yes Yes Oklahoma 0.15 180 days Yes Mandatory for all convictions Yes Yes Yes Oregon 0.15 90 days After 30 days Mandatory for all convictions and diversions Yes Yes Pennsylvania3 0.1 See footnote Mandatory for high BAC (>.10) and repeat convictions Yes Yes Yes (eff. 8/25/17) Rhode Island .10 and .15 Mandatory for all convictions Judicial discretion on 3rd or subsequent conviction Yes South Carolina 0.15 1 month(for >.15 BAC) Yes Mandatory for repeat convictions and for first-time offenders convicted of having a blood alcohol concentration (BAC) of 0.15% orhigher Vehicle confiscation Yes Yes Yes South Dakota4 0.17 See footnote Yes Discretionary Yes Tennessee 0.2 1 year Yes Mandatory for all convictions Vehicle confiscation on 2nd or subsequentconviction Yes Yes Yes Texas 0.15 90 days if.08 or greater; 180 days for refusal Yes Mandatory for repeat convictions Vehicle confiscation Yes Yes Yes Utah 0.16 120 days Mandatory for all convictions Impoundment Yes Yes Yes Vermont 90 days Mandatory for repeat convictions Impoundment, vehicle confiscation Yes Yes Virgin Islands Variable Yes Revoke license plate Yes Yes Virginia .15 and .20 7 days Mandatory for all convictions Vehicle confiscation Yes Yes Washington 0.15 90 days With an ignition interlockdriver’s license Mandatory for all convictions Mandatory tow and 12 hour impound Yes West Virginia 0.15 6 months After 30 days Mandatory for high BAC (>.15) and repeat convictions Yes Yes Yes Wisconsin .17, .20 and.25 6 months Yes Mandatory for high BAC (>.15) and repeat convictions Yes Yes Yes Wyoming 0.15 90 days Yes Mandatory for high BAC (>.15) and repeat convictions Yes Total States 48 + D.C., 1Terr. 44 + D.C.,2 Terr. 38 + D.C., 1Terr. Mandatory For Varies 33 + 3Terr. 28 +D.C., 3Terr. 37 All (25) High BAC (3) Repeat (9) High BAC & Repeat (8) Disc.: 5 + D.C. 1 Louisiana requires a 45 day hard suspension of driving privileges for a second DWI conviction. 2 Michigan has administrative license suspension for for refusal to submit to chemical test. 3 Pennsylvania uses programs called Occupational Limited License (OLL) and Ignition Interlock Limited License (IILL). 4 South Dakota has administrative license suspension for 30 days for refusal to submit to chemical test.