Forty-nine states (all except Massachusetts) and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a prescribed level, usually 0.10 percent.
License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical alcohol drug test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Forty-one states and the District of Columbia have administrative license suspension laws.
Forty-three states permit some offenders to drive only if their vehicles have been equipped with ignition interlocks. These alcohol drug test devices analyze a driver's breath and disable the ignition if the driver has been drinking.
In 29 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.
| State | BAC Defined as illegal per se1 | Administrative license suspension 1st offense?2 | Restore driving privileges during suspension?2,3 | Do penalties include interlock/forfeiture?4 |
| Alabama | 0.08 | 90 days | no | no/no |
| Alaska | 0.10 | 90 days | after 30 days | yes/yes |
| Arizona | 0.10 | 90 days | after 30 days | yes/yes |
| Arkansas | 0.08 | 120 days | yes | yes/yes |
| California | 0.08 | 4 months | after 30 days | yes/yes |
| Colorado | 0.10 | 3 months | yes | yes/no |
| Connecticut | 0.10 | 90 days | yes | no/no |
| Delaware | 0.10 | 3 months | no | yes/no |
| District of Columbia | 0.08 | 2-90 days | yes | no/no |
| Florida | 0.08 | 6 months | yes | yes/yes |
| State | BAC Defined as illegal per se1 | Administrative license suspension 1st offense?2 | Restore driving privileges during suspension?2,3 | Do penalties include interlock/forfeiture?4 |
| Georgia | 0.105 | 1 year | yes | yes/yes |
| Hawaii | 0.08 | 3 months | after 30 days | yes/no |
| Idaho | 0.08 | 90 days | after 30 days | yes/no |
| Illinois | 0.08 | 3 months | after 30 days | yes/yes |
| Indiana | 0.10 | 180 days | after 30 days |
yes/no |
| Iowa | 0.10 | 180 days | yes | yes/no |
| Kansas | 0.08 | 30 days | no | yes/no |
| Kentucky | 0.08 | -- | -- | yes/yes |
| Louisiana | 0.10 | 90 days | after 30 days | yes/yes |
| Maine | 0.08 | 90 days | yes | yes/yes |
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