At what blood alcohol level do drunk-driving penalties increase, state by state?
Every state’s answer, and the District of Columbia’s, from its own manual or code: 27 have a rule on this, quoted below with where it is written; 24 say nothing on it.
Statutes fetched between 6 and 9 October 2026; manuals fetched between 14 September and 4 October 2026. How the answers are made
| State | The rule | Where it is written | As of |
|---|---|---|---|
| Alabama | (i) When any person convicted of violating this section is found to have had at least 0.15 percent or more by weight of alcohol in his or her blood while operating or being in actual physical control of a vehicle, he or she shall be sentenced to at least double the minimum punishment that the person would have received if he or she had had less than 0.15 percent by weight of alcohol in his or her blood. This subsection does not apply to the duration of time an ignition interlock device is required by this section. If the adjudicated offense is a misdemeanor, the minimum punishment shall be imprisonment for one year, all of which may be suspended except as otherwise provided for in subsections (f) and (g). | Alabama law, Ala. Code § 32-5A-191(i) | 6 Oct 2026 |
| District of Columbia | (1) A 10-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or | District of Columbia law, D.C. Code § 50-2206.13(a)(1) | 7 Oct 2026 |
| Florida | (4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished: | Florida law, Fla. Stat. § 316.193(4) | 7 Oct 2026 |
| Idaho | An alcohol concentration of .20 or more carries even stiffer penalties in Idaho. | July 2026 Idaho Driver's Handbook, p.131 | 14 Sep 2026 |
| Illinois | A driver convicted of DUI with a blood-alcohol concentration of .16% or more, or while transporting a child under age 16, may face enhanced penalties. | Illinois Rules of the Road 2026, p.50 | 14 Sep 2026 |
| Iowa | (2) A person is not eligible for a deferred judgment under section 907.3 if the person has been convicted of a violation of this section or the person’s driver’s license has been revoked under this chapter, and any of the following apply: (a) If the defendant’s alcohol concentration established by the results of an analysis of a specimen of the defendant’s blood, breath, or urine withdrawn in accordance with this chapter exceeds .15, regardless of whether or not the alcohol concentration indicated by the chemical test minus the established margin of error inherent in the device or method used to conduct the test equals an alcohol concentration of .15 or more. (b) If the defendant has previously been convicted of a violation of subsection 1 or a statute in another state substantially corresponding to subsection 1. | Iowa law, Iowa Code § 321J.2(3)(2) | 7 Oct 2026 |
| Kansas | (E) on the person's fifth or subsequent occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for 10 years to driving only a motor vehicle equipped with an ignition interlock device. (2) Except as provided by subsection (e) and K.S.A. 8-2,142, and amendments thereto, if a person fails a test or has an alcohol or drug-related conviction in this state and the person's blood or breath alcohol concentration is 0.15 or greater, the division shall: | Kansas law, K.S.A. 8-1014(b)(1)–(2) | 7 Oct 2026 |
| Kentucky | An alcohol concentration in the blood or breath of .15 or higher within two hours of driving is an aggravating circumstance in Kentucky. | Kentucky Driver Manual, p.27 | 14 Sep 2026 |
| Louisiana | (b) In addition to any penalties imposed under this Section and except as provided in R.S. 32:414(A)(1)(d) or 667(H)(1)(b), upon conviction of a first offense, if the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, the driver's license of the offender shall be suspended for two years. | Louisiana law, La. R.S. 14:98.1(A)(2) | 7 Oct 2026 |
| Maine | Tougher first-offense OUI penalties apply if your alcohol level is 0.15 or more, you are going 30 mph or more over the limit, you try to elude an officer, you refuse the test, or you carry a passenger under 21. | Maine Driver’s License Manual, p.32 | 4 Oct 2026 |
| Massachusetts | Section 24Q. A mandatory condition of any sentence imposed for: (1) a conviction or an assignment to an alcohol or controlled substance education, treatment or rehabilitation program if evidence in the prosecution of a violation of this chapter or chapter 90B was that a person's blood alcohol percentage, by weight, was not less.20 or (2) an assignment to an alcohol or controlled substance education, treatment or rehabilitation program or a conviction for violating paragraph (a) of subdivision (1) of section 24, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, section 24L, subsection (a) of section 8 of chapter 90B, section 8A or 8B of chapter 90B, or section 131/2 of chapter 265 or, in the case of any other jurisdiction, for any like offense, if the person being sentenced has previously been so assigned or convicted of a like offense, shall be that such person complete an alcohol or drug assessment conducted by the department of public health or other court-approved program. The assessment shall include, but not be limited to, an assessment of the level of the offender's addiction to alcohol or drugs, and the department's recommended course of treatment. Such assessment and recommended course of treatment shall be reported to the offender's probation or parole officer. No person shall be excluded from an assessment for inability to pay if the offender files an affidavit of indigency or inability to pay with the court and an investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to the offender or his family, and the court enters written findings relative thereto. The commissioner of public health may make such rules and regulations as are necessary or proper to carry out this section. | Massachusetts law, Mass. Gen. Laws ch. 90, § 24Q | 7 Oct 2026 |
| Minnesota | Penalties are more severe with prior DWI arrests, an alcohol concentration of 0.16 percent or above, a child under 16 in the vehicle, or a driver under 21. | Minnesota Driver’s Manual, p.92 | 14 Sep 2026 |
| Missouri | 5. If a person is not granted a suspended imposition of sentence for the reasons described in subsection 4 of this section: (1) If the individual operated the vehicle with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than forty-eight hours; (2) If the individual operated the vehicle with greater than twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than five days. | Missouri law, Mo. Rev. Stat. § 577.012(5) | 8 Oct 2026 |
| Montana | (a) the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.16 or more; | Montana law, Mont. Code Ann. § 61-8-1001(1)(a) | 8 Oct 2026 |
| Nebraska | (2) If such person has not had a prior conviction and, as part of the current violation, had a concentration of fifteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood or fifteen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath, such person shall be guilty of a Class W misdemeanor, and the court shall, as part of the judgment of conviction, revoke the operator's license of such person for a period of one year from the date ordered by the court. The revocation order shall require that the person apply for an ignition interlock permit pursuant to subdivision (1)(b) of section 60-6,197.01 for the revocation period and have an ignition interlock device installed on any motor vehicle he or she operates during the revocation period. Such revocation shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked. | Nebraska law, Neb. Rev. Stat. § 60-6,197.03(2) | 8 Oct 2026 |
| Nevada | (II) Order the person to perform not less than 48 hours, but not more than 96 hours, of community service; (3) Fine the person not less than $400 nor more than $1,000; and (4) If the person is found to have a concentration of alcohol of 0.16 or more in his or her blood or breath, order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360. | Nevada law, NRS 484C.400(1)(a) | 8 Oct 2026 |
| New Jersey | (b) In sentencing a first offender under subparagraph (ii) of paragraph (1) of subsection (a) of R.S.39:4-50 whose blood alcohol concentration was 0.10% or higher, but less than 0.15%, the court shall order, in addition to any other penalty imposed, the installation of an ignition interlock device in one motor vehicle owned, leased, or principally operated by the offender, whichever the offender most often operates, which shall remain installed for not less than seven months or more than one year. | New Jersey law, N.J. Stat. Ann. § 39:4-50.17(a)(1) | 8 Oct 2026 |
| New Mexico | D. Aggravated driving under the influence of intoxicating liquor or drugs consists of: (1) driving a vehicle in this state with an alcohol concentration of sixteen one hundredths or more in the driver's blood or breath within three hours of driving the vehicle and the alcohol concentration results from alcohol consumed before or while driving the vehicle; (2) causing bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence of intoxicating liquor or drugs; or (3) refusing to submit to chemical testing, as provided for in the Implied Consent Act [66-8-105 to 66-8-112 NMSA 1978], and in the judgment of the court, based upon evidence of intoxication presented to the court, the driver was under the influence of intoxicating liquor or drugs. | New Mexico law, NMSA 1978, § 66-8-102(D) | 8 Oct 2026 |
| New York | 2-a. Aggravated driving while intoxicated. (a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article. (b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle. | New York law, N.Y. Veh. & Traf. Law § 1192(2-a) | 8 Oct 2026 |
| North Carolina | (3) A person convicted of the offense of impaired driving under G.S. 20-138.1 that has been convicted of not more than one offense involving impaired driving within the preceding seven years is eligible for a limited driving privilege if all of the following requirements are met: a. At the time of the offense the person held either a valid driver's license or a license that had been expired for less than one year. b. At the time of the offense the person did not have an alcohol concentration of 0.15 or more. c. One of the following punishment levels was imposed for the offense of impaired driving: 1. Punishment Level Three, Four, or Five. 2. Punishment Level Two, but only if the Grossly Aggravating Factor determined to impose Punishment Level Two was the Grossly Aggravating Factor provided in G.S. 20-179(c)(1). | North Carolina law, N.C. Gen. Stat. § 20-179.3(b)(3) | 8 Oct 2026 |
| North Dakota | A first conviction with an AC of .16% or greater carries at least a $750 fine and 2 days imprisonment, which may be converted to community service. | North Dakota Noncommercial Driver License Manual, p.36 | 14 Sep 2026 |
| Ohio | (f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person's whole blood. | Ohio law, Ohio Rev. Code § 4511.19(A)(1) | 8 Oct 2026 |
| Pennsylvania | (b) High rate of alcohol.--An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. | Pennsylvania law, 75 Pa.C.S. § 3802(b) | 8 Oct 2026 |
| South Dakota | Any person convicted of a first offense pursuant to § 32-23-1 with a 0.17 percent or more by weight of alcohol in the person's blood shall, in addition to the penalties provided in § 32-23-2, be required to undergo a court-ordered evaluation by an addiction counselor licensed or certified by the Board of Addiction and Prevention Professionals pursuant to § 36-34-13.1 or a licensed or certified health care professional with specialized training in chemical dependency evaluation to determine if the defendant is chemically dependent. The cost of such evaluation shall be paid by the defendant. The recommendations of the evaluation shall be provided to the referring judge. | South Dakota law, SDCL § 32-23-2.1 | 8 Oct 2026 |
| Texas | (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor. | Texas law, Tex. Penal Code § 49.04(d) | 8 Oct 2026 |
| Virginia | A. Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person's blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 10 days. | Virginia law, Va. Code Ann. § 18.2-270(A) | 8 Oct 2026 |
| West Virginia | (3) For a person whose license has been revoked for a first offense for driving with a blood alcohol concentration of 0.15 percent or more, by weight, the minimum period of revocation for participation in the test and lock program is 45 days and the minimum period for the use of the ignition interlock device is 270 days; | West Virginia law, W. Va. Code § 17C-5A-3a(c)(3) | 9 Oct 2026 |
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No rule found in the manual or code of: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Indiana, Maryland, Michigan, Mississippi, New Hampshire, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, Wisconsin, Wyoming.
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