State Drunk Driving Laws


Each state has established .08 as the BAC that constitutes a per se drunk driving violation. The states otherwise vary on the specifics of their drunk driving laws. The following summarizes some of these state laws:

ALABAMA: The state does not provide for penalties that include ignition interlocking devices or forfeiture of the defendant’s vehicle.

ALASKA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle.

ARIZONA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

ARKANSAS: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

CALIFORNIA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .20 percent.

COLORADO: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent, with even greater penalties when a defendant’s BAC exceeds .20 percent.

CONNECTICUT: The state does not provide for penalties that include ignition interlocking devices or forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .16 percent.

DELAWARE: The state provides for ignition interlocking devices but not for the forfeiture of the de-fendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .16 percent, with even greater penalties when a defendant’s BAC exceeds .20 percent.

DISTRICT OF COLUMBIA: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle.

FLORIDA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .20 percent.

GEORGIA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

HAWAII: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle.

IDAHO: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .20 percent.

ILLINOIS: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent, with even greater penalties when a defendant’s BAC exceeds .20 percent.

INDIANA: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

IOWA: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

KANSAS: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle.

KENTUCKY: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

LOUISIANA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

MAINE: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

MARYLAND: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle.

MASSACHUSETTS: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle.

MICHIGAN: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle.

MINNESOTA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

MISSISSIPPI: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle.

MISSOURI: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

MONTANA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .18 percent.

NEBRASKA: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle.

NEVADA: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .18 percent.

NEW HAMPSHIRE: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .16 percent.

NEW JERSEY: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle.

NEW MEXICO: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .16 percent.

NEW YORK: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle.

NORTH CAROLINA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

NORTH DAKOTA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle.

OHIO: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .17 percent.

OKLAHOMA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

OREGON: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle.

PENNSYLVANIA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle.

RHODE ISLAND: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

SOUTH CAROLINA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle.

SOUTH DAKOTA: The state does not provide for penalties that include ignition interlocking devices or forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .17 percent.

TENNESSEE: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .20 percent.

TEXAS: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle.

UTAH: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .16 percent.

VERMONT: The state provides forfeiture of the defendant’s vehicle but not for ignition interlocking devices.

VIRGINIA: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

WASHINGTON: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .15 percent.

WEST VIRGINIA: The state provides for ignition interlocking devices but not for the forfeiture of the defendant’s vehicle.

WISCONSIN: The state provides for penalties that include both ignition interlocking devices and for forfeiture of the defendant’s vehicle. The state provides for enhanced penalties where a defendant’s BAC exceeds .17 percent, with greater penalties when a defendant’s BAC is higher.

WYOMING: The state does not provide for penalties that include ignition interlocking devices or forfeiture of the defendant’s vehicle.