Drunk Driving
Increased Penalties for High Blood Alcohol Content

July 2008

State	Penalties
Alabama	No increased penalties.
Alaska	.15 If BAC = .15, first offense increases from mandatory 24-hour imprisonment to mandatory 10 days. Second offense increases from mandatory 30 days to mandatory 60 days.
Arizona	.15 It is an “aggravating circumstance” for sentencing purposes for a person to commit either aggravated assault, negligent homicide, manslaughter or second degree murder while driving with a BAC > .15.
Arkansas	.15; no further information.
California	.16 (or BAC of .20): license suspension for 10 months (but restricted license after one month with completion of nine-month DUI education and counseling program). The court may order a first offender to operate only motor vehicles equipped with “ignition interlock” devices for not more than three years. Heightened consideration is to be given to first offenders with a BAC =.15 or to first offenders who refused to take a chemical test, including to grant probation participation for at least nine months or longer in a licensed alcohol and other drug education program that consists of at least 60 hours of program activities. First offenders who have been placed on probation and at the time of the offense had either a BAC =0.20 or refused to submit to a chemical test must be placed in an alcohol education/counseling program for at least six months. For the purpose of imposing enhanced sanctions, the court shall consider whether either 1) the offender’s blood alcohol level was =0.20 or 2) the person refused to submit to a test under the implied consent law. If the BAC was below .2, the offender must participate in a six-month licensed program, with at least 45 hours of program participation. If the BAC was > .2 or the offender refused to take a chemical test, participation in a nine-month licensed program with 60 hours of program activities is required.
Colorado	.17 Driving Under the Influence/Illegal per se – first offense: $300 to $1,000 fine; 48 to 96 hours of community service. five days ton one year in jail. Subsequent offense or BAC/BrAC = 0.20 – $500 to $1,500 fine; 60 to 120 hours of community service; 90 days to one year in jail. >.17 BAC classified as “persistent drunk driver:” mandatory ignition interlock for at least one year. No probationary restricted license may be issued for reasons of employment or alcohol education.
Connecticut	.16 First action if BAC =.16 – suspension – 120 days; second action – suspension – nine months; second action if BAC =.16 – suspension – 10 months. Subsequent action – suspension two years; subsequent action if BAC =.16 – suspension – two and one-half years.
Delaware	.16 For subsequent offenders, higher BACs will increase time of revocation.
Florida	.2 A BAC/BrAC =0.20 or a passenger under age 18 (child endangerment): first offense – not more than nine months in jail, a fine of $500 to $1,000; second offense – not more than 12 months in jail, a fine of $1,000 to $2,000; third offense – not more than 12 months in jail, a fine of $2,000 to $5,000.
Georgia	.15 The court cannot accept a nolo contendere plea in cases where the offender’s BAC or BrAC was = .15.
Hawaii	.15 Increased penalties for “highly intoxicated drivers” {BAC > .15}. “Highly intoxicated driver” means a person whose measurable amount of alcohol is 0.15 or more grams of alcohol per 100 milliliters or cubic centimeters of the person’s blood, or 0.15 or more grams of alcohol per 210 liters of the person’s breath, as measured at the time of the offense, or within three hours of the time of the offense. For first-time “highly intoxicated drivers:” 1) The arresting law enforcement officer shall take possession of the motor vehicle registration and, if the motor vehicle being driven by the respondent is registered to the respondent, remove the number plates and issue a temporary motor vehicle registration and temporary number plates for the motor vehicle. For a highly intoxicated driver a mandatory six-month revocation of license and of the registration of any motor vehicle registered to the highly intoxicated driver.
Idaho	.20 First offense with BAC/BrAC = 0.20-Misdemeanor – not more than one year. Second or subsequent offense with a BAC/BrAC = 0.20 where there has been a previous offense at or above 0.20 within10 years – felony – not more than 10 years. First offense with BAC/BrAC = 0.20–10 days (must serve 48 consecutive hours). First offense with BAC/BrAC = 0.20 – Not more than $2,000; second offense (within 10 years) – Not more than $2,000; second or subsequent offense with a BAC/BrAC = 0.20 where there has been a previous offense at or above 0.20 within 10 years – Not more than $5,000. Post conviction licensing action first offense with BAC/BrAC = 0.20– suspension first offense with BAC/BrAC = 0.20 – one year after release from confinement.
Illinois	.16 In addition to any other sanctions, a person convicted for a drunk-driving offense is subject to the following sanctions if they 1) were transporting a child younger than 16 or 2) had a BAC/BrAC = .16: First offense –100 hours community service/$500 fine. Second offense (within 10 years) – two days jail/$1,250 fine. Third offense (within 20 years) – 90 days in jail/$2,500 fine. Fourth or subsequent offense – Class 2 felony – three to seven years imprisonment and a fine of not more than $25,000 ($2,500 mandatory) with no eligibility for probation or conditional discharge.
Indiana	.15 BAC/BrAC = .15 – Class A Misdemeanor – Not more than one year. Endangerment Intoxicated offense/Illegal per se offense BAC/BrAC = .15 – Class A Misdemeanor – Not more than $5,000.
Iowa	.15 For a first offense, there is a mandatory imprisonment sentence of 48 hours and fine if the offender had a BAC/BrAC > .15.
Kansas	.15 If alcohol concentration is .15 or greater, the person's driving privileges will be suspended for one year.
Kentucky	.18 A person who has been convicted of a drunk driving offense is subject to enhanced mandatory incarceration if driving with a BAC = .18.
Louisiana	.15, .20 Blood alcohol concentration of .15 percent – At least 48 hours of the sentence shall be served without benefit of parole, probation or suspension of sentence. Blood alcohol concentration of 0.20 percent – Fined $1,000 and at least 96 hours of the sentence shall be served without the benefit of parole, probation or suspension of sentence.
Maine	.15 Generally, imprisonment is not necessary for a first offense. However, a minimum of 48 hours’ imprisonment is mandatory if BAC = .15.
Maryland	No increased penalties.
Massachusetts	.20 (age 17 through age 20) If BAC was > .20 or if a repeat violation, the violator shall complete an assessment and alcohol treatment of the level of the offender’s addiction to alcohol or drugs, and the department’s recommended course of treatment.
Michigan	No increased penalties.
Minnesota	.20 Unless maximum bail is imposed, a person charged with a drunk driving or implied consent offense where the offender has been charged with driving with an alcohol concentration = 0.20 can be released from detention only by agreeing to abstain from alcohol use and to submit to daily monitoring of alcohol levels.
Mississippi	No increased penalties.
Missouri	.15 For anyone who has violated the administrative per se law, driving privileges cannot be restored until successfully completion of an alcohol or drug education or rehabilitation program. For cause, the court may modify or waive this requirement unless the offender’s BAC/BrAC was =.15. If a driver's license has been either suspended or revoked under the point system for a drunk driving offense, such license cannot be reinstated until the driver completes a substance abuse program. For cause, the court may modify or waive this requirement unless the offender’s BAC/BrAC was = .15.
Montana	No increased penalties.
Nebraska	.18 First offense with BAC 0.15 or above, mandatory 120 hours of community service and one year license suspension or revocation. Second offense within 12 years if BAC is 0.15 or above, jail for 10 days or 240 hours of community service.
Nevada	.18 Alcohol treatment is mandatory for first offense if BAC/BrAC is = .18.
New Hampshire	.16 Aggravated driving while intoxicated offense: Driving with a BAC/BrAC =.16. First offense is Class A misdemeanor. Driving without high BAC is a violation instead of a crime.
New Jersey	No increased penalties.
New Mexico	.16 Aggravated driving while under the influence of intoxicating liquor or drugs is defined as a person who has an alcohol concentration of .16 or more in the blood or breath while a vehicle. First offense – 48 consecutive hours of mandatory minimum imprisonment.
New York	.18 BAC > 0.18 – “Aggravated Driving While Intoxicated”: fine $1,000 to $2,000 or imprisonment for not more than one year or both; driver’s license revocation – one year (18 months for a second offense within 10 years); if probation is granted for first offense, it must be accompanied by ignition interlock for the duration of the probation.
North Carolina	.16 The level of punishment given a DWI offender is determined by weighing aggravating factors (e.g., BAC =..16, reckless/dangerous driving, negligent driving resulting in an accident or driving with a revoked license) and mitigating factors. Those eligible for restricted driving privileges may be required to operate motor vehicles equipped with an ignition interlock device. This requirement is mandatory if the BAC was =.16. If convicted of .16 BAC and restricted license is issued with ignition interlock, the driver must never have over .04 BAC.
North Dakota	.18 If BAC > .18, mandatory pre-DWI conviction license suspension increases from 30 days to 80 days for first offense, from one year to two years for second offense, and from 2 to 3 years for third or subsequent offense. If BAC > .18, mandatory post-DWI conviction license suspension increases from 91 days to 180 day for first offense, from 365 days to 2 years for second offense, and from two years to three years for third or subsequent offense.
Ohio	.17 For illegal per se offenses with a BAC =.17: First offense – three consecutive days in jail with three consecutive days of a driver’s intervention program or six consecutive days in jail; Second offense (within six years) – 20 consecutive days (Alternative: 10 consecutive days in jail and not less than 36 consecutive days “house arrest” with electronic monitoring”).
Oklahoma	.15 Aggravated driving: A person is guilty of aggravated driving if convicted of driving under the influence with a BAC/BrAC =.15. The following sanctions are imposed and do not preclude other possible punishment: mandatory minimum treatment for 28 days (inpatient) with one year aftercare; 480 hours of community service; and ignition interlock use for a minimum of 30 days.
Oregon	No increased penalties.
Pennsylvania	.16 High rate of alcohol: .01 to < .16 First offense – imprisonment of not less than 48 consecutive hours or more than six months, a fine of not less than $500 or more than $5,000, attendance at an alcohol highway safety school, and compliance with all drug and alcohol treatment requirements. Second offense – imprisonment of not less than 30 days or more than six months, a fine of not less than $750 or more than $5,000, attendance at an alcohol highway safety school, and compliance with all drug and alcohol treatment requirements. Highest rate of alcohol: .16 First offense – imprisonment of not less than 72 consecutive hours or more than six months; a fine of not less than $1,000 or more than $5,000, attendance at an alcohol highway safety school, and compliance with all drug and alcohol treatment requirements. Second offense – imprisonment of not less than 90 days or more than five years, a fine of not less than $1,500, attendance at an alcohol highway safety school, and compliance with all drug and alcohol treatment requirements.
Rhode Island	.15 First offense (BAC = .15) (misdemeanor) – Not more than one year. Any first offense – No mandatory jail time. Mandatory minimum fine first offense (BAC = .15 - misdemeanor) – $500. Community service: first offense (BAC = .15) – 20 hours to 60 hours. Term of License Withdrawal—first offense (BAC = .15 - misdemeanor) – three to 18 months’ suspension. A course on driving while intoxicated or under the influence of controlled substances is required.
South Carolina	Yes (unspecified)
South Dakota	.17 For first offenders where the BAC is = .17, the court must require an evaluation to determine if they are addicted to alcohol.
Tennessee	.20 Mandatory minimum jail time: first offense – (If BAC/BrAC =0.20 – seven consecutive days).
Texas	.15 If greater than .15 BAC, the court must order installation of ignition interlock devices on all owned motor vehicles for one year following a period of license suspension.
Utah	.16 If the defendant had a BAC of .16 or higher, the court shall order the following (or describe on record why the order or orders are not appropriate): Treatment and one or both of 1) ignition interlock system as a condition of probation and 2) home confinement through the use of electronic monitoring.
Vermont	No increased penalties.
Virginia	.15, .20 First offense for BAC = .15 but <.20: mandatory jail for five days; if BAC >.20: mandatory jail for 10 days. Civil damages for victims: “Willful or wanton behavior” may be shown by proving that, when the incident occurred, the defendant’s BAC/BrAC was = .15, or the person consumed alcoholic beverages intending to operate a motor vehicle.
Washington	.15 An offense where the offender’s BAC/BrAC is = .15: Mandatory minimum term of two days or, as an alternative, not less than 30 days of electronic home monitoring. An offense where the offender’s BAC/BrAC is = .15: Mandatory minimum $500 fine and maximum $5,000 fine. For a first offense with BAC = .15: After the license suspension or revocation period, the court must require an offender to operate only motor vehicles that are equipped with an ignition interlock device. If there has been no previous ignition interlock use, the usage period is to be not less than one year.
West Virginia	No increased penalties.
Wisconsin	.17 If an offender’s BAC was .17 to .199, the minimum and maximum fines are doubled. If an offender’s BAC was 0.20 to 0.249, the minimum and maximum fines are tripled. If an offender’s BAC was 0.25 or above, the minimum and maximum fines are quadrupled. Normal fine for non-injury-related DWI first offence is $150 to $300.
Wyoming	No increased penalties.
District of Columbia	First offense: If BAC = 0.20 but < 0.25: five days. If BAC > 0.25: 10 days. Second offense (within 15 years): If BAC = 0.20 but < 0.25: 10 days. If BAC > 0.25: 20 days. Third and subsequent offenses (within 15 years): If BAC = 0.20 but < 0.25: 15 days.
Puerto Rico	No Information
Virgin Islands	No Information

Sources: NHTSA, 2007; NCSL, 2008.

Source: National Conference of State Legislatures, 2008. The above abstracts state statutes and legislation. This report is the property of the National Conference of State Legislatures (NCSL) and is intended as a reference for state legislators and their states. NCSL makes no warranty, expressed or implied, or assumes any legal liability or responsibility for third party use of this information, or represents that its use by such third party would not infringe on privately owned rights.

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Drunk Driving Increased Penalties for High Blood Alcohol Content

Drunk Driving
Increased Penalties for High Blood Alcohol Content