Alcohol Impaired Driving Laws By State
Alcohol-Impaired Driving (DWI/DUI Laws by State
State |
Learner Stage |
Intermediate Stage |
Unrestricted Stage |
|||||
Min. entry age |
Mandatory holding period |
Min. amount of supervised driving |
Min. entry age |
Nighttime restrictions |
Passenger restrictions (family members excepted unless noted) |
Nighttime restrictions may be lifted |
Passenger restrictions may be lifted |
|
AL |
151 |
6 months1 |
50 hours (none with driver education) |
16 |
midnight-6 a.m. |
no more than one passenger |
17 and licensed for 6 months (min. age: 17) |
17 and licensed for 6 months (min. age: 17) |
AK |
14 |
6 months |
40 hours, 10 of which must be at night or in inclement weather |
16 |
1 a.m.-5 a.m. |
no passengers younger than 21 |
6 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
6 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
AZ |
15, 6 months2 |
6 months |
30 hours, 10 of which must be at night (none with driver education) |
16 |
midnight-5 a.m. secondary enforcement |
no more than 1 passenger younger than 18 secondary enforcement |
6 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
6 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
AR |
143 |
6 months3 |
none |
164 |
11 p.m.-4 a.m. |
no more than 1 passenger younger than 21 |
until age 18 (min. age: 18) |
until age 18 (min. age: 18) |
CA |
15, 6 months5 |
6 months |
50 hours, 10 of which must be at night |
165 |
11 p.m.-5 a.m. secondary enforcement |
no passengers younger than 20 (limited exception for immediate family) secondary enforcement |
12 months after initial license (min. age: 17) |
12 months after initial license (min. age: 17) |
CO |
156 |
12 months |
50 hours, 10 of which must be at night |
16 |
midnight-5 a.m. secondary enforcement |
first 6 months—no passengers; second 6 months—no more than one passenger secondary enforcement |
12 months or until age 18, whichever occurs first (min. age: 17) |
12 months or until age 18, whichever occurs first (min. age: 17) |
CT |
167 |
6 months7 (4 months with driver education) |
40 hours7 |
16, 4 months7 |
11 p.m. - 5 a.m. |
first 6 months—no passengers other than parents or a driving instructor; second 6 months—no passengers other than parents, driving instructor or members of the immediate family |
until age 18 (min. age: 18) |
12 months or until age 18, whichever occurs first (min. age: 17, 4 mos.) |
DE |
168 |
6 months8 |
50 hours, 10 of which must be at night8 |
16, 6 months8 |
10 p.m.-6 a.m.8 |
no more than 1 passenger8 |
6 months or the issuance of a class D license (min. age: 17) |
6 months or the issuance of a class D license (min. age: 17) |
DC |
169 |
6 months9 |
40 hours in learner’s stage; 10 hours at night in intermediate stage |
16, 6 months10 |
September–June: 11 p.m.-6 a.m. Sun.–Thur., 12:01 a.m.-6 a.m. Sat.–Sun.; July–August: 12:01 a.m.-6 a.m.10 |
no passengers10 |
6 months or until age 21, whichever occurs first (min. age: 18)10 |
6 months or until age 21, whichever occurs first (min. age: 18)10 |
FL |
1511 |
12 months |
50 hours, 10 of which must be at night |
16 |
11 p.m.-6 a.m. for 16 year-olds; 1 a.m.-5 a.m. for 17 year-olds |
none |
until age 18 (min. age: 18) |
none |
GA |
15 |
12 months |
40 hours, 6 of which must be at night |
1612 |
midnight-5 a.m. secondary enforcement |
first 6 months—no passengers; second 6 months—no more than 1 passenger younger than 21; thereafter, no more than 3 passengers secondary enforcement |
until age 18 (min. age: 18) |
until age 18 (min. age: 18) |
HI |
15, 6 months |
6 months |
50 hours, 10 of which must be at night |
1613 |
11 p.m.-5 a.m. |
no more than 1 passenger younger than 18 (household members excepted) |
6 months and age 17 (min. age: 17) |
6 months and age 17 (min. age: 17) |
ID |
14, 6 months14 |
6 months |
50 hours, 10 of which must be at night |
1514 |
sunset to sunrise |
licensees 16 and younger can have no more than 1 passenger younger than 17 |
until age 16 (min. age: 16) |
6 months or age 17 (min. age: 15, 6 mos.) |
IL |
1515 |
9 months |
50 hours, 10 of which must be at night |
1616 |
starts 10 p.m. Sun.-Thur., 11 p.m. Fri.-Sat., ends 6 a.m. |
first 12 months—no more than 1 passenger younger than 20 |
until age 18 (min. age: 18) |
12 months or until age 18 (min. age: 17) |
IN |
1517 |
6 months |
50 hours, 10 of which must be at night |
16, 3 months17 |
first 6 months, 10 p.m.-5 a.m.; thereafter, 11 p.m.-5 a.m. Sun.–Fri.; 1 a.m.-5 a.m. Sat.–Sun.18 |
no passengers18 |
6 months and age 18 or until age 21, whichever occurs first (min. age 18)18 |
6 months or until age 21, whichever occurs first (min. age: 16, 9 or 17, 3 mos. without driver education)18 |
IA |
1419 |
12 months19 |
20 hours, 2 of which must be at night20 |
12:30 a.m.-5 a.m. |
parental discretion 22 |
12 months and age 17 or until age 18, whichever occurs first (min. age: 17) |
none |
|
KS |
1423 |
12 months |
25 hours, in learner phase; 25 hours before age 16; 10 of the 50 hours must be at night23 |
1623 |
9 p.m. - 5 a.m. |
no more than one passenger younger than 18 |
6 months or age 17, whichever occurs first (min. age: 16, 6 mos.) |
6 months or age 17, whichever occurs first (min. age: 16, 6 mos.) |
KY |
1624 |
6 months24 |
60 hours, 10 of which must be at night24 |
16, 6 months25 |
midnight-6 a.m. |
no more than 1 passenger younger than 20 unless supervised by a driving instructor secondary enforcement |
6 months or age 18, whichever occurs first (min. age: 17) |
6 months or age 18, whichever occurs first (min. age: 17) |
LA |
15 |
6 months |
50 hours, 15 of which must be at night |
16 |
11 p.m. - 5 a.m. |
no more than one passenger younger than 21 between the hours of 6 pm-5 am; no passenger restriction from 5 am-6 pm |
until age 17 (min. age: 17) |
until age 17 (min. age: 17) |
ME |
1526 |
6 months26 |
70 hours, 10 of which must be at night |
1626 |
midnight-5 a.m.26 |
no passengers26 |
9 months (min. age: 16, 9 mos.)26 |
9 months (min. age: 16, 9 mos.)26 |
MD |
15, 9 months27 |
9 months28 |
60 hours, 10 of which must be at night29 |
16, 6 months |
midnight-5 a.m.30 |
no passengers younger than 1830 secondary enforcement |
until age 18 (min. age: 18) |
5 months or until age 18, whichever occurs first (min. age: 16, 11 mos.) |
MA |
1631 |
6 months31 |
40 hours32 |
16, 6 months33 |
12:30 a.m.-5 a.m. (between 12:30 a.m.-1 a.m. and 4 a.m.-5 a.m. the night driving and passenger restrictions are subject to secondary enforcement; enforcement is primary at all other times) |
no passengers younger than 18 (between 12:30 am–1 am and 4 am–5 am the night driving and passenger restrictions are secondarily enforced; enforcement is primary at all other times) |
until age 18 (min. age: 18) |
6 months or until age 18, whichever occurs first (min. age: 17) |
MI |
14, 9 months34 |
6 months |
50 hours, 10 of which must be at night |
1635 |
10 p.m.-5 a.m. |
no more than 1 passenger younger than 21 |
6 months and age 17 or until age 18 (min. age 17) |
6 months and age 17 or until age 18 (min. age 17) |
MN |
1536 |
6 months37 |
40 hours, 15 of which must be at night38 |
1639 |
midnight-5 a.m. |
no more than 1 passenger younger than 20; second 6 months—no more than 3 passengers younger than 20 |
6 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
12 months or at age 18, whichever occurs first (min. age: 17) |
MS |
15 |
12 months |
none |
16 |
10 p.m.-6 a.m. Sun.-Thur., 11:30 p.m.-6 a.m. Fri.-Sat. |
none |
6 months or age 18, whichever occurs first (min. age: 16, 6 mos.) |
none |
MO |
15 |
6 months |
40 hours, 10 of which must be at night |
16 |
1 a.m.-5 a.m. |
first 6 months—no more than 1 passenger younger than 19; thereafter, no more than 3 passengers younger than 19 |
entire intermediate stage (min. age: 17, 11 mo.) |
entire intermediate stage (min. age: 17, 11 mo.) |
MT |
14, 6 months40 |
6 months |
50 hours, 10 of which must be at night41 |
1542 |
11 p.m.-5 a.m. |
first 6 months—no more than 1 passenger younger than 18; second 6 months—no more than 3 passengers younger than 18 |
12 months or at age 18, whichever occurs first (min. age: 16) |
12 months or at age 18, whichever occurs first (min. age: 16) |
NE |
1543 |
6 months |
50 hours, 10 of which must be at night (none with driver education) |
16 |
midnight-6 a.m. secondary enforcement |
no more than 1 passenger younger than 19 secondary enforcement |
12 months or at age 18, whichever occurs first (min. age: 17) |
6 months or age 18, whichever occurs first (min. age: 16, 6 mos.) |
NV |
15, 6 months |
6 months |
50 hours, 10 of which must be at night (none with defensive driving course) |
1644 |
10 p.m.-5 a.m. secondary enforcement |
no passengers younger than 18 secondary enforcement |
until age 18 (min. age: 18) |
6 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
NH |
15, 6 months45 |
none |
40 hours, 10 of which must be at night |
16 |
1 a.m.-4 a.m. |
no more than 1 passenger younger than 25 |
until age 18 (min. age: 18) |
6 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
NJ |
1646 |
6 months46 |
none |
1746 |
11 p.m. - 5 a.m. |
no more than 1 passenger (exception is limited to drivers' dependents) |
12 months or until age 21, whichever occurs first (min. age: 18) |
12 months or until age 21, whichever occurs first (min. age: 18) |
NM |
1547 |
6 months |
50 hours, 10 of which must be at night |
15, 6 months48 |
midnight-5 a.m. |
no more than 1 passenger younger than 21 |
12 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
12 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
NY |
16 |
6 months |
50 hours, 15 of which must be at night |
16, 6 months |
9 p.m.-5 a.m. except for NYC (unsupervised driving prohibited at all times) and Long Island (limited daytime unsupervised driving)49 |
no more than 1 passenger younger than 2149 |
until age 17 with driver education; until age 18 without (min. age: 17)50 |
until age 17 with driver education; until age 18 without (min. age: 17)50 |
NC |
6 months52 |
60 hours, 10 of which must be at night, learner phase; 12 hours, 6 of which must be at night, intermediate phase |
9 p.m.-5 a.m. |
no more than 1 passenger younger than 21; if a family member younger than 21 is already a passenger then no other passengers younger than 21 who are not family members |
6 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
6 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
||
ND |
14 |
<16: 12 months; 16: 6 months or until age 18, whichever comes first |
<16: 50 hours; ≥ 16: none |
16; 15 for a parent requested restricted license56 |
The holder of a restricted license may only drive a car belonging to a parent or guardian and may not drive between the later of sunset or 9 p.m. and 5 a.m. |
none |
until age 16 (min. age: 16) |
none |
OH |
15, 6 months |
6 months |
50 hours, 10 of which must be at night |
1657 |
midnight-6 a.m. (first 12 months), 1 a.m.-5 a.m. (second 12 months) secondary enforcement |
first 12 months—no more than 1 passenger |
24 months (min. age: 18) |
12 months (min. age: 17) |
OK |
15, 6 months58 |
6 months |
50 hours, 10 of which must be at night59 |
16 |
10 p.m.-5 a.m. |
no more than 1 passenger60 |
6 months with driver education, 12 months without or until age 18 (min age: 16, 6 mos.) |
6 months with driver education, 12 months without or until age 18 (min age: 16, 6 mos.) |
OR |
15 |
6 months |
50 hours61(100 hours without driver education) |
1661 |
midnight-5 a.m. |
first 6 months–no passengers younger than 20; second 6 months–no more than 3 passengers younger than 20 |
12 months or age 18, whichever occurs first (min. age: 17) |
12 months or age 18, whichever occurs first (min. age: 17) |
PA |
16 |
6 months |
65 hours, 10 of which must be at night and 5 of which must be in inclement weather |
16, 6 months |
11 p.m.-5 a.m. |
first 6 months— no more than 1 passenger younger than 18; thereafter, no more than 3 passengers |
12 months and age 17 if completed driver education or age 18 (min. age: 17) |
12 months and age 17 if completed driver education or age 18 (min. age: 17) |
RI |
1662 |
6 months |
50 hours, 10 of which must be at night |
16, 6 months63 |
1 a.m.-5 a.m. |
no more than 1 passenger younger than 21 |
12 months or age 18, whichever occurs first (min. age: 17, 6 mos.) |
12 months or age 18, whichever occurs first (min. age: 17, 6 mos.) |
SC |
15 |
6 months |
40 hours, 10 of which must be at night |
15, 6 months |
6 p.m.-6 a.m. EST; 8 p.m.-6 a.m. EDT |
no more than 2 passengers younger than 21 unless transporting students to and from school |
12 months and age 17 if intermediate license has been held for at least 6 months (min. age: 16, 6 mos.) |
12 months and age 17 if intermediate license has been held for at least 6 months (min. age: 16, 6 mos.) |
SD |
1464 |
9 months (6 months with driver education) |
50 hours, 10 of which must be at night and 10 of which must be during inclement weather |
14, 9 months (14, 6 months with driver education) |
10 p.m.-6 a.m. |
first 6 months—no passengers; thereafter—no more than 1 passenger younger than 18 |
until age 16 (min. age: 16) |
6 months or at age 16, whichever occurs first (min. age: 15, 6 mos.) |
TN |
1565 |
6 months |
50 hours, 10 of which must be at night65 |
16 |
11 p.m.-6 a.m. |
no more than 1 passenger |
12 months or until age 18, whichever occurs first (min. age: 17) |
12 months or until age 18, whichever occurs first (min. age: 17) |
TX |
1566 |
6 months |
30 hours, 10 of which must be at night |
1667 |
midnight-5 a.m. secondary enforcement |
no more than 1 passenger younger than 21 secondary enforcement |
until age 18 (min. age: 18) |
until age 18 (min. age: 18) |
UT |
1568 |
6 months |
1670 |
midnight-5 a.m. |
no passengers secondary enforcement |
until age 17 (min. age: 17) |
6 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
|
VT |
15 |
12 months |
40 hours, 10 of which must be at night |
1671 |
none |
first 3 months—no passengers without exception; second 3 months—no passengers secondary enforcement |
none |
6 months or until age 18, whichever occurs first (min. age: 16, 6 mos.) |
VA |
15, 6 months72 |
9 months72 |
45 hours, 15 of which must be at night |
16, 3 months73 |
midnight-4 a.m. 72 secondary enforcement |
first 12 months—no more than 1 passenger younger than 21; thereafter, no more than 3 passengers younger than 21 secondary enforcement |
until age 18 (min. age: 18) |
until age 18 (min. age: 18) |
WA |
1574 |
6 months |
50 hours, 10 of which must be at night |
1675 |
1 a.m.-5 a.m. secondary enforcement |
first 6 months—no passengers younger than 20; second 6 months—no more than 3 passengers younger than 20 secondary enforcement |
12 months or until age 18, whichever occurs first (min. age: 17) |
12 months or until age 18, whichever occurs first (min. age: 17)76 |
WV |
1577 |
6 months77 |
50 hours, 10 of which must be at night (none with driver education) |
16 |
10 p.m. - 5 a.m. |
first 6 months—no passengers younger than 20; second 6 months–no more than 1 passenger younger than 20 |
12 months and age 17 or until age 18, whichever occurs first (min. age: 17) |
12 months and age 17 or until age 18, whichever occurs first (min. age: 17) |
WI |
1578 |
6 months78 |
50 hours, 10 of which must be at night78 |
1679 |
midnight-5 a.m. |
no more than 1 passenger |
9 months or until age 18, whichever occurs first (min. age: 16, 9 mos.) |
9 months or until age 18, whichever occurs first (min. age: 16, 9 mos.) |
WY |
15 |
10 days |
50 hours, 10 of which must be at night |
1680 |
11 p.m.-5 a.m. |
no more than 1 passenger younger than 18 |
6 months or until age 17, whichever occurs first (min. age: 16, 6 mos.)80 |
6 months or until age 17, whichever occurs first (min. age: 16, 6 mos.)80 |
Source: Insurance Institute for Highway Safety
Legislation is continually changing. Therefore, this information is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact appropriate legal counsel for advice. Design © 2020-2022 Zywave, Inc. All rights reserved.
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