DUI Laws & Information on Drunk Driving

contact a dui lawyer

Anyone who has been arrested for DUI or drunk driving understands what a stressful and confusing time the whole process can be. We here at DUI Process.com understand what you're going through because we have been there ourselves and that is why we have created this website dedicated to the DUI process and all of the varies steps and resources that you will need along the way during the process.

If you have been recently arrested on a DUI/DWI charge or have an older conviction, please take some time to browse around our website and see for yourself the wealth of information we have compiled here for you to try and help you as you navigate this treacherous thing called "The DUI Process". You may also be interested in the DUI publications we have to offer, just click on the button above labeled "I Want to Learn More" to see a complete list of our publications.

It does not matter which state you live in, all 50 states including the District of Columbia recognize a blood alcohol level of .08% as the level at which a person is considered to be drunk and should not be driving. A number of states also have a lesser charge commonly know as DWAI or "driving while ability impaired", the blood alcohol level for this charge is .05% to .079%.

In the states that recognize the lesser charge, please realize that it is still a drunk driving penalty and should not be taken lightly, if you are facing any charge whether it be a DUI in California, a DWI in Missouri, a OWI in Iowa, a DUII in Oregon, a DWAI in Colorado, or any of the other terms states use to describe drunk driving, these are serious charges that in most states will remain on your criminal record for life if convicted.

With that said we strongly encourage you to speak with a drunk driving lawyer about your case immediately.

Once you have refused to take the standardized field sobriety tests you will be taken down to the police station to submit to a Breathalyzer or blood test. Once at the station you do have the right to refuse to take an official breath or blood test, but you need to be aware that refusing this test comes at a cost, and that is that if you lose your administrative driver license hearing, your license will be suspended or revoked for a longer period of time because of the refusal.

In most states a first offense refusal will result in a license suspension of 1 year with no chance of receiving a temporary or hardship license during that one year period.


State by State DUI/DWI Law Overview

Below is a table of state by state DUI/DWI laws that shows a number of the penalties a firt time offender will be facing in each state. If you are a repeat offender or a first time offender just click on the state name below to be taken to that state's DUI/DWI law page for a complete oeverview.

State License Suspension Drive During Suspension Ignition Interlock DUI Program
Alabama 90 days No BAC ≥.15 Required
Alaska 90 days After 30 days Mandatory Required
Arizona 90 days After 30 days Mandatory Required
Arkansas 120 days Yes Possible Required
California 4 months After 30 days Yes Required
Colorado 3 months Yes BAC ≥.17 Required
Connecticut 1 year Yes Yes Required
Delaware 3 months No Yes Required
Florida 6 months After 30 days BAC ≥.15 Required
Georgia 1 year Yes No Required
Hawaii 3 months After 30 days Yes Required
Idaho 90 days After 30 days Possible Required
Illinois 90 days Yes Yes Required
Indiana 180 days After 30 days Possible Required
Iowa 180 days After 90 days Possible Possible
Kansas 30 days No Yes Required
Kentucky 30 days No Possible Required
Louisiana 90 days After 30 days Yes Required
Maine 90 days Yes Possible Possible
Maryland 60 days Yes BAC ≥.15 Required
Massachusetts 1 year Yes Yes Required
Michigan 6 months Yes BAC ≥.17 Required
Minnesota 90 days After 15 days BAC ≥.15 Required
Mississippi 90 days No Possible Required
Missouri 30 days No Possible Required
Montana 6 months Possible Possible Required
Nebraska 90 days After 30 days Yes Required
Nevada 90 days After 45 days Possible Required
New Hampshire 6 months No Possible Required
New Jersey 3 months Possible Possible Required
New Mexico 90 days Yes Yes Required
New York 90 days Yes Yes Required
North Carolina 60 days After 10 days Possible Required
North Dakota 91 days After 30 days Possible Required
Ohio 6 months After 15 days Possible Required
Oklahona 30 days No Possible Required
Oregon 90 days After 30 days Yes Required
Pennsyulvania 1 year Yes Yes Required
Rhode Island 45 days Possible Possible Possible
South Carolina 6 months Yes Possible Required
South Dakota 30 days No Possible Possible
Tennessee 1 year Yes Yes Required
Texas 90 days Yes Yes Required
Utah 90 days No Yes Required
Vermont 90 days No Possible Required
Virginia 1 year Yes Yes Required
Washington 90 days Yes Yes Required
West Virginia 6 months After 30 days Possible Required
Wisconsin 6 months Yes Yes Required
Wyoming 90 days Yes Yes Required
Washington DC 90 days Possible Possible Possible


It's important to note that in a lot of the states that allow a temporary driving permit during the suspension period, you will be required to demonstrate a hardship situation that requires you to drive and that you have no other means of transportation in order to receive a temporary driving permit, so for that reason it is important that you actually go to the law page for your state and find out what might determine a hardship situation. Also under the "DUI Class Attendance" above, if a class is required you may click on the link labeled "required" and you will be taken to our DUI class page for your state where you will find listings of all the classes available within each County along with contact information for that program.

Other DUI/DWI Resources

  • DUI/DWI Laws by State - Drunk driving laws for each state including penalties, fines, potential jail time, license suspension, DUI classes, and much more for each state.

  • SR-22 Filing Info by State - SR-22 insurance and filing requirements including important addresses, phone numbers, etc. for each state.

  • DUI/DWI Classes by State - State approved DUI/DWI classes by County including contact information.

  • Bail Bond Agents by State - Comprehensive list of bail bond agents including address, phone, website, etc.

SR22 quote