DUI and DWI laws by state: BAC limits, suspensions and interlocks
How BAC limits, license suspensions, test refusals and interlocks work under state DUI laws
Picture two drivers stopped at the same checkpoint. One is 45 and blows .07, so she assumes she is legal. The other is 19 and had one beer hours ago. Depending on the state and the evidence, both could face penalties.
Every state writes its own drunk driving rules. The stakes are high. In 2024, 11,904 people died in crashes involving a driver at .08 or higher, 30% of U.S. traffic deaths [1].
This guide explains each type of law, what works, and how to check your state’s rules fast.
Two ways to break the law, two cases to face
California and Utah call the offense driving under the influence (DUI). New York’s main charge is driving while intoxicated (DWI) [12, 13, 14]. Either way, prosecutors usually have two routes:
- By the number (per se): Driving at or above a set BAC is a crime in itself, however steady your driving looks [5, 13].
- By the evidence: Driving while alcohol makes you unsafe is a crime even below the number. In Utah, a driver below .05 can still be charged if too impaired to drive safely [13].
An arrest usually starts two tracks. The administrative case at the motor vehicle agency decides only your driving privilege. The criminal case in court can bring fines, jail and a record. The National Highway Traffic Safety Administration (NHTSA) describes the license track as built to be swift and certain, unlike slower criminal courts [7].
BAC limits: .08 almost everywhere, .05 in Utah
NHTSA reports that all 50 states, DC and Puerto Rico ban driving at .08 or higher. Utah’s lower .05 limit took effect December 30, 2018 [1]. As of August 2026, Utah is still the only state at .05 [5].
Utah’s fatal crash rate fell 20% from 2016 to 2019, compared with 6% in the rest of the country [5]. Some states also have a lesser charge. New York’s driving while ability impaired (DWAI) covers a BAC above .05 but below .07, or other evidence of impairment [14].
Which rule applies to me?
The same drink can be legal for one driver and illegal for another, so find your row.
Comparison compiled by Safety Behind the Wheel Foundation
| If you are… | The BAC line to know | Rules that often come with it |
|---|---|---|
| An adult driver (21 or older) | .08 in every state but Utah, which uses .05 [1] | You can still be charged below the line if impaired [12, 13, 14] |
| Under 21 | Any detectable alcohol; most states set .02, some lower, such as California’s .01 [5, 12] | License suspension far below .08, such as 6 months in New York for .02 to .07 [14] |
| Driving a commercial vehicle with a commercial driver’s license (CDL) | .04 in a commercial motor vehicle [11] | A DUI or test refusal in any vehicle, even your own car, means at least a 1 year CDL disqualification [11] |
| Driving passengers for hire (California example) | .04 [12] | Rules for paid drivers vary by state |
| A repeat offender | Same BAC limit | Longer suspensions, interlocks and possible felony charges; Utah makes a third offense within 10 years a felony [13] |
| Driving with an interlock | Devices are usually set at .02 [9] | In 33 states and DC, you need a set number of violation free days before removal [4] |
Under 21: zero tolerance in every state
IIHS reports that all 50 states bar drivers under 21 from driving with any detectable alcohol. Most define that as .02 or higher, while others set a lower number [5]. Three examples show the range:
- California: The limit is .01. A DUI conviction at that level can bring a 1 year revocation [12]. Drivers under 21 may not carry alcohol in the car unless someone 21 or older is with them [12].
- New York: Driving at .02 to .07 brings a 6 month suspension and a $125 civil penalty for a first offense [14].
- Utah: Any detectable alcohol can lead to a DUI charge [13].
Our alcohol impaired driving guide explains why young drivers‘ risk climbs so fast.
License suspension before any conviction
Administrative license suspension (ALS) lets the state suspend your license when you fail or refuse a BAC test, without waiting for a conviction [7]. The officer usually takes your license and issues a temporary one [7]. First offense suspensions most often last 90 days [5].
From a defense attorney’s view, the first deadline often belongs to the motor vehicle agency, not the court. In California, the temporary license lasts 30 days. You have 10 days from arrest to request a hearing [12].
GHSA lists 48 states, DC and 2 territories with ALS on a first offense [4]. IIHS counts 39 states and DC with ALS laws for first offenders [5]. The groups classify some laws differently, so treat both as rough guides.
Many states allow limited driving during part of a suspension, sometimes only with an interlock [4]. NHTSA rates ALS 5 stars and cites research linking it to about 5% fewer alcohol related fatal crashes, or 800 lives a year [7].
Implied consent and test refusals
Every state has an implied consent law: by driving, you are treated as agreeing to a breath test if police suspect impairment [8]. All states except Wyoming penalize refusal separately, usually with a license suspension or revocation [8]. California suspends or revokes for 1 year [12]. New York revokes for at least 1 year and adds a $500 civil penalty [14]. Utah warns that refusal penalties are often harsher than those for a DUI conviction [13].
Some states also make refusal a crime. The latest count NHTSA cites found at least 12 as of June 2018 [8]. The U.S. Supreme Court drew a line in Birchfield v. North Dakota (2016). As NHTSA summarizes it, states may criminalize refusing a breath test but not a warrantless blood test [8]. A 2019 ruling, Mitchell v. Wisconsin, allowed a warrantless blood draw from an unconscious driver suspected of impairment [8].
Ignition interlocks: who must use them and when they come off
An ignition interlock is a breath tester wired to the ignition. The car won’t start above a preset breath alcohol level, usually .02 [9]. Many states make offenders pay for it [2].
Counts differ by tracker and definition:
- GHSA (June 2025 review): 27 states make interlocks mandatory or highly incentivized for all convicted drunk drivers, even first offenders [4].
- NHTSA (citing a 2022 count): 34 states and DC require them for all convicted offenders [9].
- IIHS (August 2026): Most states require all offenders, even first offenders, to install one to resume driving. Seven have no mandatory requirement: Indiana, Montana, Nevada, North Dakota, Rhode Island, South Dakota and Wisconsin [5].
The trackers even disagree on single states: GHSA lists Nevada as mandatory for all convictions [4]. In New York, anyone sentenced for DWI since August 15, 2010, needs an interlock in every vehicle they own or drive. It must stay at least 12 months unless a court allows otherwise [15].
Removal rules matter too. GHSA counts 33 states and DC with compliance based removal laws, which require a set number of violation free days first. A 2023 study for GHSA found these laws can help reduce repeat offenses [4].
The evidence is strong, with a catch. Across 15 studies, offenders had 75% fewer rearrests while interlocks were installed, but that edge largely vanished after removal [9]. Use also lags: in a 2022 study, only 15% of people arrested for DWI had one [9].
Open container laws
Under a federal program known as Section 154, a state’s open container law must [10]:
- Ban both possessing an open container and drinking in the passenger area, including the glove box.
- Apply to every occupant of every motor vehicle on a public highway.
- Cover all alcoholic beverages and allow primary enforcement.
The rules allow open containers in a locked glove box, the trunk or, without a trunk, behind the last upright seat. States may exempt passengers, but not drivers, in vehicles for hire and motor home living areas [10]. States that fall short must set aside 2.5% of certain federal highway funds for safety programs [10].
GHSA counts 39 states, DC and 3 territories with laws meeting the federal standard [4]. In its table, the states that fall short are Alaska, Connecticut, Delaware, Hawaii, Louisiana, Mississippi, Missouri, Ohio, Tennessee, Virginia and Wyoming [4]. That does not mean drinking in a car is legal there.
Tougher penalties: high BAC, children, repeat offenses and injuries
NHTSA notes that charges range from misdemeanors to felonies. A first offense can cost upwards of $10,000 in fines and legal fees [2]. Four factors push penalties higher.
High BAC. GHSA counts 44 states, DC and Guam with higher penalties at higher BACs [4]. Thresholds run from .10 to .20 or more. By our count of GHSA’s table, .15 is the most common [4]. New York’s Aggravated DWI starts at .18 [14]. Utah’s aggravating level is .16 [13]. In 2024, 68% of alcohol impaired driving deaths involved a driver at .15 or higher [1].
Children in the car. In 2024, 117 children 14 and younger died while riding with an impaired driver [1]. New York’s Leandra’s Law makes impaired driving with a passenger 15 or younger a felony [15]. Utah treats a minor passenger as an aggravating factor [13].
Repeat offenses. Impaired drivers in fatal crashes were 3 times as likely as sober drivers to have a prior DWI conviction [1]. In Utah, a second offense brings at least 10 days in jail. A third within 10 years is a felony with up to 5 years in prison [13]. In New York, a second Aggravated DWI within 10 years is a felony [14].
Injury or death. Utah lists a crash causing injury or death as an aggravating factor [13]. These cases call for a local attorney right away.
The legal limit is not a safety line
From a public health view, a BAC limit is a policy line for punishment, not a promise of safety. NHTSA describes driving skills slipping at .02, with weaker coordination and steering by .05 [2].
NHTSA’s crash risk study in Virginia Beach compared drivers in crashes with drivers who did not crash. Risk rose sharply with alcohol level [3]:
Comparison compiled by Safety Behind the Wheel Foundation
| BAC | Crash risk compared with a sober driver |
|---|---|
| .03 | About 20% higher |
| .05 | About 2 times |
| .08 | About 4 times |
| .15 | About 12 times |
Breath alcohol levels, adjusted for age, gender and race or ethnicity. Source: Compton and Berning, NHTSA, 2015 [3].
In 2024, 2,028 people died in crashes where a driver’s BAC was .01 to .07, below the adult limit in every state but Utah [2].
Do these laws work?
NHTSA’s Countermeasures That Work rates strategies from 1 to 5 stars. Five means proven in several high quality evaluations. A rating of 3 means likely effective [6].
Comparison compiled by Safety Behind the Wheel Foundation
| Law or strategy | NHTSA rating | What the research shows |
|---|---|---|
| Administrative license suspension | 5 stars [6] | About 5% fewer alcohol related fatal crashes [7] |
| Ignition interlocks | 5 stars [6] | All offender laws: 26% fewer drivers at .08 or higher in fatal crashes [5] |
| Open container laws | 5 stars [6] | Among NHTSA’s highest rated alcohol laws [6] |
| Publicized sobriety checkpoints | 5 stars [6] | At least 17% fewer alcohol involved crashes in a 2009 meta analysis [5] |
| Lower BAC limit (.05) | 4 stars [6] | Utah’s fatal crash rate fell 20% vs. 6% nationally [5] |
| High BAC penalties | 3 stars [6] | Likely effective on balance [6] |
| Refusal penalties | 3 stars [8] | About 1 in 4 arrested drivers refused testing, in studies from 2012 and 2014 [8] |
| Zero tolerance enforcement | 3 stars [6] | Likely effective on balance [6] |
Coverage matters: interlock laws limited to repeat offenders showed just a 9% drop [5]. NHTSA cites an estimate that all offender laws nationwide could save 2,600 lives a year [9].
Checkpoints are banned by constitution or statute in 10 states: Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin and Wyoming. Police in Alaska and Montana also don’t use them [5].
Technology may come next. A 2021 federal law, which GHSA calls the HALT Drunk Driving Law, told NHTSA to require impaired driving prevention systems in new vehicles [4, 5]. As of IIHS’s August 2026 update, NHTSA had not issued the rule [5].
How to check your state's DUI law in 5 minutes
- Minute 1: Get oriented. Open the GHSA alcohol impaired driving page and the IIHS alcohol and drugs page. Note their dates.
- Minute 2: Find official sources. Use USA.gov’s motor vehicle directory and GHSA’s highway safety office directory. Then search your legislature’s vehicle code for “driving under the influence.”
- Minute 3: Read the definitions. Find the limits for adults, drivers under 21 and commercial drivers, plus any lesser charge below .08.
- Minute 4: Check the license side. Look for the hearing deadline, suspension lengths, refusal penalties and restricted or interlock licenses.
- Minute 5: Check penalties and dates. Note the high BAC threshold, child passenger rules, how far back prior offenses count and effective dates. Save the link and the date.
For other topics, see our state traffic safety laws lookup hub. For drug rules, see drug and cannabis impaired driving laws by state.
Frequently asked questions
What is the legal BAC limit in my state?
For drivers 21 and older, it is .08 everywhere except Utah, at .05 [1]. Limits are lower for drivers under 21 and in commercial vehicles [5, 11].
Can you get a DUI under .08?
Yes. Utah can charge a driver below .05 who is too impaired to drive safely. New York’s DWAI charge starts above .05 [13, 14]. California says a conviction is possible even without a BAC result [12].
What happens if I refuse a breathalyzer?
All states but Wyoming penalize refusal separately, usually with a suspension or revocation [8]. Some states also treat it as a crime [8].
Is a DUI a felony?
It can be. Utah makes a third offense within 10 years a felony. New York makes impaired driving with a child 15 or younger a felony [13, 15].
Does a DUI in my own car affect my CDL?
Yes. Under federal rules, a DUI or test refusal in any vehicle disqualifies a CDL holder for at least 1 year. A second can mean life [11].
The bottom line
Recommendation from Safety Behind the Wheel Foundation
Know the BAC line that applies to you, but don’t drive anywhere near it. Settle your ride home before the first drink. If an arrest happens, move fast on the license deadline with help from a local DUI attorney.
Related articles
- Alcohol impaired driving: know the risks and plan a sober ride home
- Drug and cannabis DUI laws by state: THC limits, testing and medicines
- State traffic safety laws: how to look up and verify your state’s rules
- Drug and medication impaired driving: know your risk before you drive
- Teen driver laws by state: how GDL rules compare in 2026
Sources and further reading
- 1National Highway Traffic Safety Administration (NHTSA). Alcohol-Impaired Driving: 2024 Data. Traffic Safety Facts, DOT HS 813 815. June 2026. crashstats.nhtsa.dot.gov/…/813815
- 2NHTSA. Drunk Driving. Accessed October 3, 2026. nhtsa.gov/risky-driving/drunk-driving
- 3Compton RP, Berning A. Drug and Alcohol Crash Risk. Traffic Safety Facts Research Note, DOT HS 812 117. NHTSA. February 2015. nhtsa.gov/…/812117-drug_and_alcohol_crash_risk.pdf
- 4Governors Highway Safety Association (GHSA). Alcohol-Impaired Driving (issue overview and state law table). Overview updated September 2026; laws last reviewed by state highway safety offices June 2025 (table updated October 2025). ghsa.org/state-laws-issues/alcohol-impaired-driving
- 5Insurance Institute for Highway Safety (IIHS). Alcohol and Drugs (research area overview). Updated August 2026. iihs.org/research-areas/alcohol-and-drugs
- 6NHTSA. Countermeasures That Work: Alcohol-Impaired Driving Countermeasures (effectiveness ratings). Accessed October 3, 2026. nhtsa.gov/book/countermeasures-that-work/alcohol-impaired-driving/countermeasures
- 7NHTSA. Countermeasures That Work: Administrative License Revocation or Suspension. Accessed October 3, 2026. nhtsa.gov/book/countermeasures-that-work/…/legislation-and-licensing
- 8NHTSA. Countermeasures That Work: BAC Test Refusal Penalties. Accessed October 3, 2026. nhtsa.gov/book/countermeasures-that-work/…/legislation-and-licensing-2
- 9NHTSA. Countermeasures That Work: Alcohol Ignition Interlocks. Accessed October 3, 2026. nhtsa.gov/book/countermeasures-that-work/…/other-strategies-behavior-2
- 10Electronic Code of Federal Regulations. 23 CFR Part 1270, Open Container Laws. Up to date as of October 1, 2026. ecfr.gov/current/title-23/…/part-1270
- 11Electronic Code of Federal Regulations. 49 CFR 383.51, Disqualification of Drivers (Table 1, major offenses). Up to date as of September 30, 2026. ecfr.gov/current/title-49/…/section-383.51
- 12California Department of Motor Vehicles. California Driver’s Handbook: Alcohol and Drugs. Modified April 20, 2026. dmv.ca.gov/…/alcohol-and-drugs
- 13Utah Highway Safety Office. Utah DUI Laws. No date shown; accessed October 3, 2026. highwaysafety.utah.gov/utah-dui-laws
- 14New York State Department of Motor Vehicles. Penalties for Alcohol or Drug-Related Violations. No date shown; accessed October 3, 2026. dmv.ny.gov/points-and-penalties/penalties-for-alcohol-or-drug-related-violations
- 15New York State Department of Motor Vehicles. Leandra’s Law and Ignition Interlock Devices. No date shown; accessed October 3, 2026. dmv.ny.gov/points-and-penalties/leandras-law-ignition-interlock-devices
This article reflects the priorities of impaired driving law and public health. It is general education, not legal advice for any individual, arrest or case. For a specific situation, consult a lawyer licensed in your state. Laws, penalties and data change, so verify with official state sources and the trackers linked above. Reviewed October 2026.
Keep learning
Safe Driving Resource Center
Guides, self-checks and articles for drivers, parents of new drivers, and families recovering after a crash.
