DUI & DWI Rights by State (2026)

Researched by Ahmed R. J. Alsaedi, Founder & Head Researcher

Primary sources cited; not legal advice.

Source: 4th Amendment, U.S. Constitution (unreasonable search and seizure). 5th Amendment (right against self-incrimination). Birchfield v. North Dakota, 579 U.S. 438 (2016) — breath tests OK without warrant, blood tests require warrant. Missouri v. McNeely, 569 U.S. 141 (2013) — natural dissipation of alcohol alone does not create exigent circumstances for warrantless blood draw. BAC limits: 23 U.S.C. § 163 (federal incentive for 0.08% standard). Implied consent and DUI penalties are governed by state law.

About this article

Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Compare by state

Statute citations are verified per state. Select a state to jump to its full section below.

DUI/DWI statute, implied-consent rule, and penalties for each U.S. state and the District of Columbia.
	Primary statute
Alabama	Ala. Code § 32-5A-191 — DUI Statute
Alaska	Alaska DUI Statute — Alaska Stat. § 28.35.030
Arizona	A.R.S. § 28-1381 et seq. — Arizona DUI offenses (Extreme DUI at 0.15%; Super Extreme at 0.20%)
Arkansas	Arkansas DUI Statute, Ark. Code § 5-65-103
California	California Vehicle Code § 23152 — DUI offense definition (0.08% BAC)
Colorado	C.R.S. § 42-4-1301 — Colorado DUI and DWAI offenses (0.08% DUI; 0.05% DWAI)
Connecticut	CGS § 14-227a — DUI offenses and penalties
Delaware	Delaware DUI Statute, 21 Del. C. § 4177
District of Columbia	D.C. DUI/OWI Statute, D.C. Code § 50-2206.11 et seq.
Florida	Florida DUI Statute, Fla. Stat. § 316.193
Georgia	O.C.G.A. § 40-6-391 — DUI Statute
Hawaii	Hawaii OVUII — HRS § 291E-61
Idaho	Idaho Code § 18-8004 — driving under the influence (0.08% BAC limit)
Illinois	625 ILCS 5/11-501 — Illinois DUI statute (0.08% BAC threshold, enhanced penalties at 0.16%)
Indiana	Indiana Code § 9-30-5 — OWI (operating while intoxicated) offenses
Iowa	Iowa Code § 321J.2 — Iowa OWI Offense (BAC limits and penalties)
Kansas	K.S.A. § 8-1567 — DUI Offenses
Kentucky	KRS § 189A.010 — DUI Offenses
Louisiana	Louisiana DWI Statute, La. R.S. § 14:98
Maine	29-A M.R.S.A. § 2411 — Operating Under the Influence (OUI)
Maryland	Maryland DUI/DWI, MD Transportation § 21-902
Massachusetts	MGL c. 90, § 24 — Massachusetts OUI (Operating Under the Influence) statute
Michigan	MCL § 257.625 — Michigan OWI (operating while intoxicated)
Minnesota	Minn. Stat. § 169A.20 — Driving While Impaired
Mississippi	Miss. Code Ann. § 63-11-30 — Mississippi DUI law
Missouri	Missouri DWI Statute, RSMo § 577.010
Montana	Mont. Code Ann. § 61-8-401 — DUI (driving under the influence)
Nebraska	Neb. Rev. Stat. § 60-6,196 — DUI Offense
Nevada	NRS 484C.110 — Driving Under the Influence
New Hampshire	RSA 265-A:2 — NH DWI statute and BAC limits
New Jersey	NJ DWI statute, N.J.S.A. 39:4-50
New Mexico	NMSA § 66-8-102 — New Mexico DWI law (0.08% BAC; 0.16% aggravated; felony on 4th)
New York	NY Vehicle & Traffic Law § 1192 — DWI and DWAI offenses
North Carolina	N.C. Gen. Stat. § 20-138.1 — DWI offense
North Dakota	N.D. Cent. Code § 39-08-01 — DUI Offense
Ohio	Ohio Rev. Code § 4511.19 — OVI (operating vehicle impaired) statute
Oklahoma	Oklahoma DUI Statute, Okla. Stat. tit. 47 § 11-902
Oregon	Oregon DUII statute — ORS § 813.010
Pennsylvania	Pennsylvania DUI statute, 75 Pa.C.S. § 3802
Rhode Island	R.I. Gen. Laws § 31-27-2 — DUI/driving under the influence
South Carolina	S.C. Code § 56-5-2930 — DUI Statute
South Dakota	SDCL § 32-23-1 — DUI Offense
Tennessee	TCA § 55-10-401 — DUI Statute
Texas	Texas DWI Statute, Tex. Penal Code § 49.04
Utah	Utah DUI Statute — Utah Code § 41-6a-502
Vermont	23 V.S.A. § 1201 — Vermont DUI prohibition
Virginia	Virginia DUI Statute, Va. Code § 18.2-266
Washington	RCW 46.61.502 — Driving Under the Influence
West Virginia	W. Va. Code § 17C-5-2 — DUI offenses and penalties
Wisconsin	Wis. Stat. § 346.63 — OWI Statute
Wyoming	Wyo. Stat. § 31-5-233 — DWUI (driving while under influence, 0.08% BAC)

Federal Law

What is this right?

DUI law is the area where regular constitutional protections collide hardest with the state's interest in keeping drunk drivers off the road. You still have the right to remain silent, the right to an attorney, and Fourth Amendment protections — but every state also has an implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. law attached to your license. The deal is: by driving on public roads, you've already consented to a chemical test (breath, blood, or urine) if you're lawfully arrested for DUI. Refuse, and you lose your license automatically — typically 6 months to a year for a first refusal, longer for repeats — regardless of whether you were actually impaired.

The legal BAC limit is 0.08% in 49 states and D.C. for drivers 21 and older. Utah dropped to 0.05% in 2018 and is still the only state at that level. Commercial drivers sit at 0.04%, and most states have zero-tolerance laws for under-21 drivers (0.00–0.02%). The Supreme Court drew a key line in Birchfield v. North Dakota (2016): breath tests can be required after a lawful DUI arrest without a warrant, but a blood draw requires either consent or a warrant. Missouri v. McNeely (2013) added that the natural dissipation of alcohol in your bloodstream is not, by itself, an emergency that justifies a warrantless blood draw.

When does it apply?

Your rights apply at every stage of a DUI encounter, and the rules differ by stage:

The stop. Police need reasonable suspicionA lower bar than probable cause: specific, articulable facts that would make a reasonable officer suspect someone of criminal activity. It is enough to briefly stop and question a person, but not enough to arrest or search them thoroughly. of a traffic violation or impaired driving to pull you over. DUI checkpoints have to follow state-specific constitutional procedures.
Field sobriety tests. Walk-and-turn, one-leg stand, horizontal gaze nystagmus — these are generally voluntary in most states. Declining them may be noted in the report but usually carries no automatic legal penalty.
Portable roadside breathalyzer (PBT). Also typically voluntary, and the results are often inadmissible at trial — police use them to establish probable causeA reasonable basis — more than a hunch — for police to believe a crime has been committed. Police generally need probable cause to arrest you, search your home, or get a warrant. for arrest, not to prove the case.
Post-arrest chemical test. This is the one that matters. Breath at the station, or blood or urine if requested. Under implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. laws, refusing this triggers automatic license suspension — usually 6 months to a year for a first refusal — and in some states it's an additional criminal charge.

What people get wrong:

"I have to do the roadside tests." Field tests and the roadside PBT are generally voluntary. The implied-consent penalty attaches to the post-arrest chemical test, not the field stuff.
"If I refuse everything, they can't prove the case." Refusal of the post-arrest test costs you your license automatically and can be introduced at trial as consciousness of guilt. Police can also get a warrant for a blood draw, especially in states with on-call magistrate hotlines.
"Under 0.08% means I'm fine." No. You can still be charged with DUI on observed impairment alone, and any controlled substance in your system can support a charge regardless of alcohol level.
"DUI checkpoints are illegal." The Supreme Court upheld them in Michigan Dept. of State Police v. Sitz (1990), though Texas, Oregon, Idaho, and a few others have banned them under their own state constitutions.

What to Do If You're Stopped for DUI

Step 1: Be calm and short. License, registration, insurance — yes. You have to identify yourself during a traffic stop. Beyond that, less is more.

Step 2: Don't answer the drinking question. "How much have you had?" is the question every DUI confession starts with. "I respectfully decline to answer questions without an attorney present." That's the whole sentence.

Step 3: Know which tests you can decline. Field sobriety tests and the roadside PBT — generally yes, you can politely decline (though you should know your specific state's rules). The post-arrest chemical test at the station is where implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. kicks in, and the consequences of refusal are real.

Step 4: After arrest, ask for a lawyer immediately. "I want to speak with a lawyer before making any decisions." Then say nothing else.

Step 5: Move fast on the DMV deadline. Many states give you only 10 to 15 days from arrest to request an administrative hearing on your license suspension. Miss that and the suspension is automatic, even if the criminal case gets dismissed. Call a DUI attorney before that window closes.

What should you NOT do?

Don't argue or physically resist. Challenges go through the courts. Resistance creates new charges and gives the prosecutor a stronger story.

Don't volunteer. "I only had a couple" is an admission you were drinking. Anything you say goes on the dashcam audio, which becomes Exhibit A.

Don't assume conviction is inevitable. DUI cases get beat all the time: no reasonable suspicionA lower bar than probable cause: specific, articulable facts that would make a reasonable officer suspect someone of criminal activity. It is enough to briefly stop and question a person, but not enough to arrest or search them thoroughly. for the stop, improperly administered tests, breathalyzer calibration logs, missing implied-consent warnings, blood draw without warrant or consent. A DUI defense lawyer who knows the local PD's machines and procedures can find issues you wouldn't see.

Don't miss the DMV hearing. The criminal case is one fight. The license suspension is a separate administrative fight with its own short deadline. Lose that deadline and you can win the criminal case and still be unable to drive.

State Law

Choose your state

Worked example

ScenarioYou're lawfully arrested for suspected DUI and the officer asks you to take a breath test; you refuse.
OutcomeUnder your state's implied-consent law, refusing the chemical test after a lawful arrest typically means an automatic driver's-license suspension (a civil penalty), separate from the DUI case itself. A breath test can generally be required incident to arrest, while a blood draw usually needs a warrant.
Verified against implied-consent laws and Birchfield v. North Dakota (2016) — warrantless breath tests incident to arrest are permitted, blood tests generally require a warrant, and civil license suspension for refusal is allowed. Penalties are state-specific; see your state's section. Not legal advice.

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Common Questions

Do I have to take a breathalyzer?

Under every state's implied-consent law, refusing a chemical test after a lawful DUI arrest usually means an automatic license suspension, even if you're acquitted. A roadside 'preliminary' breath test is sometimes optional, but the post-arrest test carries refusal penalties. Check your state's section above.

Can I refuse field sobriety tests?

In many states the roadside physical tests (walk-and-turn, one-leg stand) are voluntary, and politely declining avoids giving the officer evidence — but it may still be noted and won't stop an arrest. This differs from the post-arrest chemical test. See your state's section above.

Can police take my blood without a warrant?

Generally no. The Supreme Court held that a warrantless blood draw usually isn't allowed merely as a search incident to a DUI arrest, while a breath test can be. In special circumstances rules differ. Your state's section above explains local law.

What happens if I refuse the test?

Refusal typically triggers an automatic license suspension under implied-consent law — often longer than for a first DUI — and the refusal can sometimes be used as evidence. You generally can't be jailed merely for refusing a breath test. Penalties vary; see your state's section above.

Should I answer questions at a DUI stop?

Be polite and provide your license and registration, but you don't have to answer 'how much have you had to drink?' You can say you'd prefer to speak with a lawyer, and you shouldn't admit to drinking. Your state's section above notes local procedures.

State-by-state details

Alabama

Primary statute: Ala. Code § 32-5A-191 — DUI Statute

Alabama has strict DUI laws with implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. requirements:

BAC limit: 0.08% for drivers 21 and over; 0.02% for under 21; 0.04% for commercial drivers
DUI checkpoints: Alabama allows DUI/sobriety checkpoints — they are legal under both state and federal law
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: By driving in Alabama, you consent to chemical testing. Refusing a test results in an automatic 90-day license suspension
First DUI penalties: Up to 1 year in jail, $600–$2,100 fine, 90-day license suspension
Mandatory ignition interlock: Required for repeat offenders and may be ordered for first offenses
Felony DUI: Fourth DUI within 10 years is a Class C felony, carrying 1–10 years in prison

Alaska

Primary statute: Alaska DUI Statute — Alaska Stat. § 28.35.030

Alaska has some of the harshest DUI penalties in the nation:

DUI law (AS § 28.35.030): It is illegal to drive with a BAC of 0.08% or higher (0.04% for commercial drivers, 0.00% for drivers under 21). Alaska also prohibits driving under the influence of drugs.
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. (AS § 28.35.031): By driving in Alaska, you consent to chemical testing if lawfully arrested for DUI. Refusal to submit to testing results in an automatic license revocation of 90 days (first offense) to 3 years (third offense), and refusal may be used as evidence against you.
DUI checkpoints: DUI sobriety checkpoints are not allowed in Alaska. The Alaska Supreme Court held them unconstitutional under the state constitution's strong privacy protections.
Penalties (first offense): Minimum 72 hours in jail (mandatory), fine of at least $1,500, license revocation for 90 days, ignition interlock device (IID) required. Alaska has a lookback period of 15 years for prior offenses.
Felony DUI: A third DUI within 15 years or any DUI causing serious injury or death is a felony with mandatory prison time. Alaska's penalties escalate sharply with repeat offenses.

Arizona

Primary statute: A.R.S. § 28-1381 et seq. — Arizona DUI offenses (Extreme DUI at 0.15%; Super Extreme at 0.20%)

Arizona is known for some of the harshest DUI penalties in the nation:

Arizona DUI law (A.R.S. § 28-1381 et seq.) sets the standard BAC limit at 0.08%
Extreme DUI: BAC of 0.15% or higher; Super Extreme DUI: BAC of 0.20% or higher — each carries escalating mandatory penalties
Arizona allows DUI checkpoints (sobriety checkpoints) if conducted under constitutional guidelines
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: by driving in Arizona, you consent to BAC testing. Refusal results in an automatic 12-month license suspension
First offense DUI: minimum 10 days in jail (9 may be suspended with completion of counseling), $250 fine plus substantial surcharges
A mandatory ignition interlock device (IID) is required for all DUI convictions
Admin per se suspension: your license can be suspended at the time of arrest, before any court conviction

Arkansas

Primary statute: Arkansas DUI Statute, Ark. Code § 5-65-103

Arkansas DUI law (Ark. Code § 5-65-103) provides important rights during a DUI stop and arrest:

The legal BAC limit is 0.08% for drivers 21+; 0.02% for drivers under 21; 0.04% for CDL holders
Arkansas allows DUI checkpoints — officers can stop vehicles at properly operated sobriety checkpoints
Arkansas has an implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. law — by driving in Arkansas, you consent to chemical testing; refusal results in a 6-month license suspension (first offense) and may be used as evidence against you
You have the right to consult an attorney before deciding whether to submit to testing, but only if it does not unreasonably delay the test
First-time DUI conviction typically requires installation of an ignition interlock device
You have the right to an independent chemical test at your own expense in addition to the law enforcement test

California

Primary statute: California Vehicle Code § 23152 — DUI offense definition (0.08% BAC)

Full California guide →

Colorado

Primary statute: C.R.S. § 42-4-1301 — Colorado DUI and DWAI offenses (0.08% DUI; 0.05% DWAI)

Full Colorado guide →

Connecticut

Primary statute: CGS § 14-227a — DUI offenses and penalties

Connecticut has strict DUI laws with a diversionary program for first offenders:

Connecticut DUI law (CGS § 14-227a) sets the standard BAC limit at 0.08% (0.04% for commercial drivers, 0.02% for under 21)
DUI checkpoints: Connecticut allows sobriety checkpoints — they are constitutional under Connecticut and federal law
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: By operating a vehicle in Connecticut, you consent to BAC testing. Refusal results in an automatic license suspension of 45 days (first refusal) with an ignition interlock device required
Diversionary program: Connecticut offers the Alcohol Education Program (AEP) for first-time offenders — successful completion results in dismissal of charges. This is a significant benefit not available in many states
First offense DUI (without AEP): Up to 6 months in jail (48 hours mandatory minimum), $500–$1,000 fine, 45-day license suspension with ignition interlock for 1 year
Look-back period: Connecticut uses a 10-year look-back for prior DUI offenses

Delaware

Primary statute: Delaware DUI Statute, 21 Del. C. § 4177

Full Delaware guide →

District of Columbia

Primary statute: D.C. DUI/OWI Statute, D.C. Code § 50-2206.11 et seq.

D.C. has specific DUI laws that differ from most states due to its unique federal district status:

DUI statute (D.C. Code § 50-2206.11 et seq.): Driving under the influence with a BAC of 0.08% or higher is illegal. D.C. also has an Operating While Impaired (OWI) offense for lower BAC levels or drug impairment
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: By driving in D.C., you consent to chemical testing. Refusing a test results in automatic license revocation for 12 months
Penalties — first offense: Up to 180 days in jail, fines up to $1,000, and license revocation for 6 months. A BAC of 0.20% or higher triggers enhanced penalties
Diversion programs: D.C. Superior Court offers diversion programs for first-time offenders that may result in charges being dismissed upon successful completion
Unique jurisdiction: DUI cases in D.C. are prosecuted by the U.S. Attorney's Office in D.C. Superior Court, giving them a federal prosecution aspect
DMV hearings: Administrative license hearings are separate from the criminal case and are handled by the D.C. DMV

Florida

Primary statute: Florida DUI Statute, Fla. Stat. § 316.193

Full Florida guide →

Georgia

Primary statute: O.C.G.A. § 40-6-391 — DUI Statute

Georgia has strict DUI laws with implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. requirements:

BAC limit: 0.08% for drivers 21 and over; 0.02% for under 21; 0.04% for commercial drivers
DUI checkpoints: Georgia allows DUI/sobriety checkpoints — they are legal under both state and federal law
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: By driving in Georgia, you consent to chemical testing. Refusing a test results in an automatic 1-year license suspension
ALS hearing: You have a 30-day window to request an Administrative License Suspension (ALS) hearing to challenge the suspension
First DUI penalties: Misdemeanor — 10 days to 12 months in jail (24 hours mandatory), $300–$1,000 fine, 40 hours community service, 12-month license suspension, DUI school
Diversion programs: Some Georgia courts offer conditional discharge or diversion programs for first-time DUI offenders

Hawaii

Primary statute: Hawaii OVUII — HRS § 291E-61

Hawaii uses the term OVUII (Operating a Vehicle Under the Influence of an Intoxicant) instead of DUI/DWI:

HRS § 291E-61 makes it illegal to operate a vehicle with a BAC of 0.08% or higher (0.04% for commercial drivers)
Hawaii uses implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. — refusal to submit to chemical testing results in automatic 1-year license revocation (HRS § 291E-68)
Sobriety checkpoints are legal in Hawaii and are regularly conducted, particularly on weekend nights
First offense OVUII carries: up to 5 days jail (or 72 hours community service), $150–$1,000 fine, 1-year license revocation, and a substance abuse assessment
Hawaii has an ignition interlock device program — required for repeat offenders and available for restricted driving privileges
Highly intoxicated offenders (BAC 0.15% or higher) face enhanced penalties
Third offense within 10 years is a Class C felony

Idaho

Primary statute: Idaho Code § 18-8004 — driving under the influence (0.08% BAC limit)

Idaho DUI laws include implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. but notably ban sobriety checkpoints:

Idaho Code § 18-8004 makes it illegal to drive with a BAC of 0.08% or higher (0.04% for commercial drivers, 0.02% for under 21)
Idaho uses implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. — refusal to submit to chemical testing results in automatic 1-year license suspension (Idaho Code § 18-8002)
Sobriety checkpoints are banned in Idaho — the Idaho Supreme Court ruled in State v. Henderson (1990) that they violate the Idaho Constitution's search and seizure protections
First offense DUI is a misdemeanor: up to 6 months jail, $1,000 fine, and 90–180 day license suspension
Idaho has an ignition interlock device program for restricted driving privileges
Third DUI within 10 years is a felony with up to 10 years in prison

Illinois

Primary statute: 625 ILCS 5/11-501 — Illinois DUI statute (0.08% BAC threshold, enhanced penalties at 0.16%)

Full Illinois guide →

Indiana

Primary statute: Indiana Code § 9-30-5 — OWI (operating while intoxicated) offenses

Indiana's Operating While Intoxicated (OWI) laws carry significant penalties:

Indiana uses the term OWI (Operating While Intoxicated) rather than DUI/DWI (IC § 9-30-5)
The standard BAC limit is 0.08% for drivers 21 and over, and 0.02% for drivers under 21
Indiana allows DUI/sobriety checkpoints — they have been upheld by Indiana courts
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: by driving in Indiana, you consent to BAC testing. Refusal results in an automatic 1-year license suspension
First offense OWI: Class C misdemeanor (up to 60 days jail, fine up to $500) or Class A misdemeanor if BAC is 0.15% or higher (up to 1 year jail, fine up to $5,000)
Indiana requires a mandatory license suspension — typically 180 days for first offense with possible specialized driving privileges
Indiana may require an ignition interlock device (IID) for repeat offenders or high-BAC first offenders

Iowa

Primary statute: Iowa Code § 321J.2 — Iowa OWI Offense (BAC limits and penalties)

Iowa OWI (Operating While Intoxicated) law (Iowa Code § 321J.2) provides important rights during a DUI stop and arrest:

Iowa uses the term OWI — the legal BAC limit is 0.08% for drivers 21+; 0.02% for drivers under 21; 0.04% for CDL holders
Iowa allows sobriety checkpoints — properly operated checkpoints are constitutionally permitted
Iowa has an implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. law — by driving in Iowa, you consent to chemical testing; refusal results in a 1-year license revocation (first offense)
You have a 10-day window to request an administrative hearing to contest your license revocation after arrest
You have the right to contact an attorney before deciding whether to submit to chemical testing, but only if it does not unreasonably delay the test
You have the right to an independent chemical test at your own expense in addition to the law enforcement test

Kansas

Primary statute: K.S.A. § 8-1567 — DUI Offenses

Kansas DUI laws carry significant penalties, including mandatory jail time for first offenses:

Kansas DUI law (K.S.A. § 8-1567) sets the standard BAC limit at 0.08% for drivers 21 and over, and 0.02% for drivers under 21
Kansas allows DUI/sobriety checkpoints — they have been upheld by Kansas courts
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: by driving in Kansas, you consent to BAC testing. Refusal results in an automatic 1-year license suspension and can be used as evidence against you
First offense DUI: mandatory 48 consecutive hours in jail (or 100 hours of community service), fine of $750-$1,000, and license suspension of 30 days followed by 330 days of restricted driving
Kansas has mandatory minimum jail time even for first offenders — one of the stricter states
A mandatory ignition interlock device (IID) is required for most DUI convictions
Kansas uses a lifetime lookback period — all prior DUI convictions count for sentence enhancement regardless of how old they are

Kentucky

Primary statute: KRS § 189A.010 — DUI Offenses

Kentucky has strict DUI laws with a 10-year look-back period:

Kentucky DUI law (KRS § 189A.010) sets the standard BAC limit at 0.08% (0.04% for commercial drivers, 0.02% for under 21)
DUI checkpoints: Kentucky allows sobriety checkpoints — they are constitutional under Kentucky and federal law
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: By driving in Kentucky, you consent to BAC testing. Refusal results in an automatic license suspension and can be used as evidence against you at trial
Look-back period: Kentucky uses a 10-year look-back for prior DUI offenses when determining penalties for subsequent offenses
First offense DUI: 48 hours to 30 days in jail, $200–$500 fine, 30–120 day license suspension, substance abuse treatment, and possible ignition interlock device
Aggravated DUI: Enhanced penalties for BAC of 0.15% or higher, accidents causing injury, minors in the vehicle, or excessive speed

Louisiana

Primary statute: Louisiana DWI Statute, La. R.S. § 14:98

Louisiana has strict DUI (called DWI — Driving While Intoxicated) laws with implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. requirements:

BAC limit: 0.08% for drivers 21 and over; 0.02% for under 21; 0.04% for commercial drivers
DWI checkpoints: Louisiana allows DWI/sobriety checkpoints — they are legal under both state and federal law
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: By driving in Louisiana, you consent to chemical testing. Refusing a test can be used as evidence against you at trial and results in license suspension
First DWI penalties: 10 days to 6 months in jail (may be suspended), $300–$1,000 fine, 90-day license suspension
Substance abuse program: First-time offenders must complete a substance abuse evaluation and recommended treatment
Felony DWI: Fourth DWI is a felony, carrying 10–30 years in prison at hard labor

Maine

Primary statute: 29-A M.R.S.A. § 2411 — Operating Under the Influence (OUI)

Full Maine guide →

Maryland

Primary statute: Maryland DUI/DWI, MD Transportation § 21-902

Full Maryland guide →

Massachusetts

Primary statute: MGL c. 90, § 24 — Massachusetts OUI (Operating Under the Influence) statute

Massachusetts OUI (Operating Under the Influence) laws have several features that are unusually favorable to defendants:

MA uses the term OUI (Operating Under the Influence) rather than DUI/DWI (MGL c. 90, § 24)
The legal BAC limit is 0.08% (0.02% for drivers under 21)
MA allows DUI/sobriety checkpoints — they have been upheld as constitutional
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: refusing a breathalyzer triggers an automatic license suspension (180 days for first offense), but refusal evidence is NOT admissible at trial (MGL c. 90, § 24(1)(e)) — this is unusual and favorable to defendants
First OUI offense: up to 2.5 years in jail, $500–$5,000 fine, 1-year license suspension
The 24D disposition (alternative disposition) is available for first-time offenders — typically results in probation, alcohol education program, and license suspension reduction
MA has a "lifetime lookback" for prior offenses — all prior OUI convictions count regardless of when they occurred

Michigan

Primary statute: MCL § 257.625 — Michigan OWI (operating while intoxicated)

Michigan uses the term OWI (Operating While Intoxicated) rather than DUI/DWI, with tiered penalties:

Standard OWI: BAC of 0.08% or higher (MCL § 257.625)
High BAC / Super Drunk: BAC of 0.17% or higher carries enhanced penalties including up to 180 days in jail and mandatory 1 year of ignition interlock
Michigan allows DUI/sobriety checkpoints if conducted according to established constitutional guidelines
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: refusal to take a chemical test results in a 1-year driver's license suspension and 6 points on your driving record
First OWI offense: up to 93 days in jail, fine of $100-$500, up to 360 hours of community service, and license restrictions
Michigan has sobriety court diversion programs in many counties that offer treatment-based alternatives to incarceration
Operating While Visibly Impaired (OWVI) is a lesser charge with reduced penalties

Minnesota

Primary statute: Minn. Stat. § 169A.20 — Driving While Impaired

Full Minnesota guide →

Mississippi

Primary statute: Miss. Code Ann. § 63-11-30 — Mississippi DUI law

Mississippi DUI law (Miss. Code Ann. § 63-11-30) provides important rights during a DUI stop and arrest:

The legal BAC limit is 0.08% for drivers 21+; 0.02% for drivers under 21 ("zero tolerance"); 0.04% for CDL holders
Mississippi allows DUI checkpoints — properly operated sobriety checkpoints are constitutional
Mississippi has an implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. law — by driving in Mississippi, you consent to chemical testing; refusal results in a 90-day license suspension (first offense)
You have the right to consult an attorney after arrest, but Mississippi does not require officers to wait for an attorney before administering the chemical test
You have the right to an independent chemical test at your own expense in addition to the law enforcement test
Mississippi applies a zero tolerance standard for drivers under 21 — any detectable BAC of 0.02% or above can result in a DUI charge

Missouri

Primary statute: Missouri DWI Statute, RSMo § 577.010

Missouri DWI/DUI law (Mo. Rev. Stat. § 577.010) provides important rights during a DUI stop and arrest:

Missouri uses both the terms DWI (driving while intoxicated) and DUI — the legal BAC limit is 0.08% for drivers 21+; 0.02% for drivers under 21; 0.04% for CDL holders
Missouri allows sobriety checkpoints — properly operated checkpoints are constitutional under Missouri law
Missouri has an implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. law — by driving in Missouri, you consent to chemical testing; refusal results in a 1-year license revocation (first offense)
You have the right to contact an attorney before deciding whether to submit to chemical testing, but only if it does not unreasonably delay the test
A limited driving privilege may be available during suspension — apply through the Missouri Department of Revenue
You have the right to an independent chemical test at your own expense in addition to the law enforcement test

Montana

Primary statute: Mont. Code Ann. § 61-8-401 — DUI (driving under the influence)

Full Montana guide →

Nebraska

Primary statute: Neb. Rev. Stat. § 60-6,196 — DUI Offense

Nebraska DUI laws are strict and include implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. and sobriety checkpoint provisions:

Nebraska's DUI statute is Neb. Rev. Stat. § 60-6,196 — it is illegal to drive with a BAC of 0.08% or higher (0.04% for commercial drivers, 0.02% for minors)
Nebraska uses implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. — by driving on Nebraska roads, you consent to chemical testing; refusal results in automatic 1-year license revocation
Sobriety checkpoints are legal in Nebraska and have been upheld by the Nebraska Supreme Court
First offense DUI is a Class W misdemeanor: 7–60 days jail, $500 fine, and 6-month license revocation
Nebraska has an ignition interlock device program that may allow restricted driving privileges during revocation
Nebraska has enhanced penalties for high BAC (0.15% or higher) and repeat offenders — third offense is a felony

Nevada

Primary statute: NRS 484C.110 — Driving Under the Influence

Nevada DUI law provides significant penalties with some alternative sentencing options:

Nevada DUI law (NRS 484C.110) sets the standard BAC limit at 0.08%
Nevada allows DUI checkpoints (sobriety checkpoints) — particularly common in Las Vegas during holidays and special events
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: by driving in Nevada, you consent to BAC testing. Refusal results in an automatic 1-year license revocation
First offense DUI: 2 days to 6 months in jail, or 48–96 hours of community service as an alternative. Fines of $400–$1,000 plus assessments
A mandatory DUI school attendance is required for all DUI convictions
Felony DUI: third DUI within 7 years, or DUI causing death or substantial bodily harm, is a felony
Nevada has a DUI court program offering treatment-based alternatives for qualifying offenders

New Hampshire

Primary statute: RSA 265-A:2 — NH DWI statute and BAC limits

New Hampshire has strict DUI/DWI enforcement with some unique protections reflecting the state's libertarian tradition:

DWI law (RSA 265-A:2): It is illegal to drive with a BAC of 0.08% or higher (0.04% for commercial drivers, 0.02% for drivers under 21). New Hampshire also prohibits driving under the influence of drugs.
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. (RSA 265-A:4): By driving in New Hampshire, you consent to chemical testing if lawfully arrested for DWI. Refusal to submit to testing results in an automatic 180-day license suspension (first offense).
No sobriety checkpoints: New Hampshire does not conduct DUI/DWI sobriety checkpoints. This is consistent with the state's "Live Free or Die" philosophy and strong tradition against government intrusion.
Penalties (first offense): Fines of $500–$1,200, license revocation for 9 months to 2 years, completion of an impaired driver education program, and possible jail time. A first offense is a misdemeanor.
Administrative license revocation: NH imposes an immediate administrative license revocation separate from criminal proceedings. You have 30 days to request a hearing to contest the administrative suspension.

New Jersey

Primary statute: NJ DWI statute, N.J.S.A. 39:4-50

Full New Jersey guide →

New Mexico

Primary statute: NMSA § 66-8-102 — New Mexico DWI law (0.08% BAC; 0.16% aggravated; felony on 4th)

New Mexico has some of the most serious DUI penalties in the nation:

New Mexico DUI law (NMSA § 66-8-102) sets the standard BAC limit at 0.08% and aggravated DWI at 0.16%
New Mexico allows DUI checkpoints (sobriety checkpoints) — they are common, especially during holidays
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: by driving in New Mexico, you consent to BAC testing. Refusal results in an automatic 1-year license revocation
First offense DWI: up to 90 days in jail, fines up to $500, license revocation for 1 year, mandatory screening, and possible ignition interlock
Felony DWI: fourth or subsequent DWI offense is a fourth-degree felony with up to 18 months in prison — New Mexico treats repeat DWI very seriously
New Mexico requires ignition interlock devices for all DWI convictions, including first offenses
New Mexico has a DWI/Drug Court program offering treatment-based alternatives

New York

Primary statute: NY Vehicle & Traffic Law § 1192 — DWI and DWAI offenses

Full New York guide →

North Carolina

Primary statute: N.C. Gen. Stat. § 20-138.1 — DWI offense

Full North Carolina guide →

North Dakota

Primary statute: N.D. Cent. Code § 39-08-01 — DUI Offense

Full North Dakota guide →

Ohio

Primary statute: Ohio Rev. Code § 4511.19 — OVI (operating vehicle impaired) statute

Ohio uses the term OVI (Operating a Vehicle Impaired) rather than DUI or DWI. Ohio's OVI laws include several unique provisions:

BAC limits: 0.08% standard, with a low tier (0.08–0.169%) and a high tier (0.17%+) carrying enhanced penalties
DUI checkpoints: Ohio allows sobriety checkpoints — they have been upheld as constitutional
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: By operating a vehicle in Ohio, you consent to chemical testing. Refusing a test results in an automatic 1-year license suspension
Administrative License Suspension (ALS): Your license is suspended at the time of arrest, before any court conviction
First offense: Mandatory minimum of 3 days in jail OR a 3-day Driver Intervention Program, plus fines and license suspension
Ohio has a 10-year lookback period for prior OVI offenses

Oklahoma

Primary statute: Oklahoma DUI Statute, Okla. Stat. tit. 47 § 11-902

Oklahoma has strict DUI laws with both criminal and administrative penalties:

Oklahoma DUI law (Okla. Stat. tit. 47 § 11-902) sets the standard BAC limit at 0.08% (0.04% for commercial drivers, under 21 any detectable amount)
DUI checkpoints: Oklahoma allows sobriety checkpoints — they are constitutional under Oklahoma and federal law
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: By driving in Oklahoma, you consent to BAC testing. Refusal results in an automatic license revocation of 180 days (first refusal) to 3 years (subsequent refusals)
Look-back period: Oklahoma uses a 10-year look-back for prior DUI offenses
First offense DUI: 10 days to 1 year in jail, $100–$1,000 fine, 30-day to 180-day license revocation, substance abuse evaluation, possible ignition interlock device
DWI (Driving While Impaired): Oklahoma has a separate, lesser DWI offense for BAC of 0.05%–0.079% — punishable as a misdemeanor

Oregon

Primary statute: Oregon DUII statute — ORS § 813.010

Full Oregon guide →

Pennsylvania

Primary statute: Pennsylvania DUI statute, 75 Pa.C.S. § 3802

Full Pennsylvania guide →

Rhode Island

Primary statute: R.I. Gen. Laws § 31-27-2 — DUI/driving under the influence

Rhode Island has strict DUI enforcement with both criminal and administrative penalties:

DUI law (R.I. Gen. Laws § 31-27-2): It is illegal to drive with a BAC of 0.08% or higher (0.04% for commercial drivers, 0.02% for drivers under 21). Rhode Island also prohibits driving under the influence of drugs.
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. (R.I. Gen. Laws § 31-27-2.1): By driving in Rhode Island, you consent to chemical testing if lawfully arrested for DUI. Refusal results in penalties including 6–12 month license suspension (first offense), a $200–$500 fine, and mandatory community service.
DUI checkpoints: Rhode Island allows DUI sobriety checkpoints and conducts them regularly, particularly on holiday weekends and during summer months.
Penalties (first offense): Fine of $100–$500, 10–60 hours of community service, mandatory DUI education, and license suspension for 30–180 days. A first offense is a misdemeanor. Rhode Island also imposes a highway safety assessment of $500.
Hardship license: Rhode Island may allow a hardship or restricted driving permit for first-time offenders who need to drive to work, school, or medical appointments during the suspension period.

South Carolina

Primary statute: S.C. Code § 56-5-2930 — DUI Statute

South Carolina has strict DUI laws with implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. requirements:

BAC limit: 0.08% for drivers 21 and over; 0.02% for under 21; 0.04% for commercial drivers
DUI checkpoints: SC allows DUI/sobriety checkpoints — they are legal under both state and federal law
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: By driving in SC, you consent to chemical testing. Refusing a test results in an automatic 6-month license suspension
First DUI penalties: 48 hours to 30 days in jail (or 48 hours community service), $400 fine, 6-month license suspension
ADSAP program: First-time offenders must complete the Alcohol and Drug Safety Action Program (ADSAP)
Felony DUI: Fourth or subsequent DUI is a felony in SC, carrying 1–7 years in prison

South Dakota

Primary statute: SDCL § 32-23-1 — DUI Offense

Full South Dakota guide →

Tennessee

Primary statute: TCA § 55-10-401 — DUI Statute

Full Tennessee guide →

Texas

Primary statute: Texas DWI Statute, Tex. Penal Code § 49.04

Full Texas guide →

Utah

Primary statute: Utah DUI Statute — Utah Code § 41-6a-502

Utah has the lowest BAC limit in the United States at 0.05%, enacted in 2018:

Utah DUI law (Utah Code § 41-6a-502) sets the standard BAC limit at 0.05% — the lowest in the nation, effective since December 30, 2018
Utah allows DUI checkpoints (sobriety checkpoints) if conducted under constitutional guidelines
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: by driving in Utah, you consent to BAC testing. Refusal results in an automatic 18-month license suspension
First offense DUI: minimum 48 hours in jail (or equivalent community service), fines starting at $1,310, and mandatory license suspension
A mandatory ignition interlock device (IID) may be required for DUI convictions
Admin per se suspension: your license can be suspended at the time of arrest, before any court conviction — 120 days for first offense
Utah's 0.05% BAC limit means even moderate drinking can result in a DUI charge

Vermont

Primary statute: 23 V.S.A. § 1201 — Vermont DUI prohibition

Full Vermont guide →

Virginia

Primary statute: Virginia DUI Statute, Va. Code § 18.2-266

Virginia DUI law carries significant penalties and uses an implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. framework:

Va. Code § 18.2-266 sets the BAC limit at 0.08%, with enhanced penalties at 0.15% and 0.20% BAC
Virginia allows DUI checkpoints (sobriety checkpoints) conducted under a predetermined plan
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: refusal to submit to a breath or blood test results in a 1-year license suspension (civil penalty) and a 7-day mandatory jail sentence for a second refusal (criminal penalty)
First DUI offense: Class 1 misdemeanor, up to 12 months in jail, fine of $250 to $2,500, and 1-year license revocation
Virginia requires completion of the Alcohol Safety Action Program (ASAP) for all DUI convictions
A restricted driver's license may be available for work, school, and other essential travel during the revocation period
Virginia DUI convictions cannot be expunged

Washington

Primary statute: RCW 46.61.502 — Driving Under the Influence

Washington DUI law (RCW 46.61.502) has notable features including a unique deferred prosecution option:

BAC limit: 0.08% (0.04% for commercial drivers, 0.02% for drivers under 21)
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: refusing a breathalyzer or blood test results in automatic 1-year license revocation
Washington technically allows DUI checkpoints but they are rarely used — the state constitution's strong privacy protections (Art. I, § 7) make them impractical
First DUI: gross misdemeanor, 1-365 days in jail, $350-$5,000 fine, 90-day license suspension
Mandatory ignition interlock device (IID) for all DUI convictions
Deferred prosecution: Washington uniquely allows a once-in-a-lifetime deferred prosecution where the defendant enters a 2-year treatment program in lieu of prosecution — if completed, the charges are dismissed
Felony DUI applies if 4+ prior offenses within 10 years, or prior vehicular homicide/assault

West Virginia

Primary statute: W. Va. Code § 17C-5-2 — DUI offenses and penalties

West Virginia has serious DUI penalties with mandatory consequences for refusal:

West Virginia DUI law (W. Va. Code § 17C-5-2) sets the standard BAC limit at 0.08% and aggravated DUI at 0.15%
West Virginia allows DUI checkpoints (sobriety checkpoints) under both state and federal law
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted.: by driving in West Virginia, you consent to BAC testing. Refusal results in an automatic 1-year license revocation for a first refusal
First offense DUI: 1 day to 6 months in jail, fines of $100–$500, and license revocation for 6 months
West Virginia requires ignition interlock devices for repeat DUI offenders and may require them for first offenses
Felony DUI: third DUI offense is a felony with 1–3 years in prison, and DUI causing death is a separate felony offense
West Virginia has a DUI court program in some jurisdictions offering treatment-based alternatives

Wisconsin

Primary statute: Wis. Stat. § 346.63 — OWI Statute

Wisconsin OWI (Operating While Intoxicated) law (Wis. Stat. § 346.63) is unique — the first OWI is a civil, not criminal, offense:

The legal BAC limit is 0.08% for drivers 21+; 0.02% for drivers under 21; 0.04% for CDL holders
First-offense OWI is a civil forfeiture (not a crime) in Wisconsin — this is unique among states. Second and subsequent offenses are criminal misdemeanors or felonies
Wisconsin does allow sobriety checkpoints in principle, though they are very rarely used in practice
Wisconsin has an implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. law — by driving in Wisconsin, you consent to chemical testing; refusal results in a 1-year license revocation (first offense)
You have the right to consult an attorney before deciding whether to submit to chemical testing, but only if it does not unreasonably delay the test
You have the right to an independent chemical test at your own expense in addition to the law enforcement test

Wyoming

Primary statute: Wyo. Stat. § 31-5-233 — DWUI (driving while under influence, 0.08% BAC)

Wyoming DUI laws are enforced under Wyo. Stat. § 31-5-233 with both criminal and administrative penalties:

DUI law (Wyo. Stat. § 31-5-233): It is illegal to drive with a BAC of 0.08% or higher (0.04% for commercial drivers). Wyoming also prohibits driving under the influence of any controlled substance. Wyoming uses the term "DWUI" (Driving While Under the Influence).
Implied consentBy driving on a public road, you are legally considered to have agreed to take a breath, blood, or urine test if police lawfully arrest you for DUI. Refusing usually triggers an automatic license suspension, even if you are later acquitted. (Wyo. Stat. § 31-6-102): By driving in Wyoming, you consent to chemical testing if lawfully arrested for DWUI. Refusal to submit to testing results in an automatic license suspension of 6 months (first refusal) to 18 months (subsequent refusals).
No DUI checkpoints: DUI sobriety checkpoints are not authorized in Wyoming. Law enforcement must have reasonable suspicionA lower bar than probable cause: specific, articulable facts that would make a reasonable officer suspect someone of criminal activity. It is enough to briefly stop and question a person, but not enough to arrest or search them thoroughly. to make individual traffic stops.
Penalties (first offense): Fine of up to $750, up to 6 months in jail, license suspension of 90 days. Wyoming has a 10-year lookback period for prior offenses.
Enhanced penalties: A third DWUI offense within 10 years is a felony punishable by up to 7 years in prison and a fine of up to $10,000. BAC of 0.15% or higher triggers enhanced penalties.