DUI Under 21 Laws by State

Relevant Statute

Use/Lose Law?

Penalties for Underage DUI

Alabama

Alabama Code § 32-5A-191:

"A person who is under the age of twenty-one years shall not drive or be in actual physical control of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood."

Yes (Mandatory)

First time violations result in a 30 day license suspension. Additional penalties can include revocation and required participation in a DUI or substance abuse program.

Alaska

Alaska Statutes § 28.35.280:

"A person who is at least fourteen years of age but not yet twenty-one years of age commits the offense of minor operating a vehicle after consuming alcohol if the person operates or drives a motor vehicle... after having consumed any quantity of alcohol."

No

A minor operating a vehicle after consumption of alcohol is an infraction.

First time violations are punishable by a fine of $500 and between 20-40 hours of community service.

Second violations are punishable by a fine of $1,000 and 40-60 hours of community service.

Where there are two or more past violations, the court must impose a fine of $1,500 and require 60-80 hours of community service.

Arizona

Arizona Revised Statutes § 4-244:

"It is unlawful...for a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person's body."

Yes (Discretionary)

For a first time violation, penalties can include up to 10 days in prison, up to $1,600 in fines and license suspension for up to 360 days.

Arkansas

Arkansas Code § 5-65-303:

"A person commits the offense of driving...under the influence while underage if he or she is underage and operates or is in actual physical control of a...motor vehicle while...[u]nder the influence of an alcoholic beverage or similar intoxicant; or [has] an alcohol concentration of [at least 0.02] in his or her breath, blood, urine, or saliva..."

Yes (Mandatory)

Penalties can include license suspension for up to 6 months, a jail sentence for 24 hours or up to 1 year, a fine of up to $1,000 and public service work.

California

California Vehicle Code § 23140:

"It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Yes (Mandatory)

Penalties can include driver's license suspension and mandatory attendance in a DUI prevention program.

Colorado

Colorado Revised Statutes § 42-4-1301:

"It is a class A traffic infraction for any person under twenty-one years of age to drive a motor vehicle when the person's BAC...is at least 0.02 but not more than 0.05 at the time of driving or within two hours after driving..."

NOTE: A BAC between 0.05 and 0.08 for any driver gives rise to the inference that the driver is impaired.

Yes (Mandatory)

First offenses can be punished with a three month license suspension, fines and community service.

Connecticut

Connecticut General Statutes § 14-227g:

"No person who is less than twenty-one years of age shall operate a motor vehicle while the ration of alcohol in the blood of such person is two-hundredths of one percent [0.02] or more of alcohol by weight."

Yes (Mandatory)

First offenses can be punished by:

• Fines between $500 and $1,000;
• Imprisonment for up to six months;
• License suspension for up to 45 days;
• Required use of an ignition interlock system for up to 1 year

Delaware

Delaware Code § 4177L:

"Whoever, being under the age of 21 years, drives, operates or has actual physical control of a vehicle...while consuming or after having consumed alcoholic liquor..."

NOTE: This does not specify a BAC and indicates that any alcohol in a minor's system could violate the statute.

Yes (Mandatory)

District of Columbia

District of Columbia Code § 25-1002:

"No person who is under 21 years of age shall purchase, attempt to purchase, possess, or drink an alcoholic beverage in the District."

NOTE: D.C. is a zero tolerance jurisdiction for underage DUI as it is illegal for minors to operate a motor vehicle with any measurable amount of alcohol in their system.

Yes (Mandatory)

First time offenses can be punished by a fine of up to $300, by 90 days in jail and by a 90-day driver's license suspension.

Florida

Florida Statutes § 322.2616:

"[I]t is unlawful for a person under the age of 21 who has a blood-alcohol or breath-alcohol level of 0.02 or higher to drive or be in actual physical control of a motor vehicle."

Yes (Mandatory)

First time offenses can be punished with suspension of a driver's license. If the BAC is 0.05 or higher, the suspension stays in place until completion of a substance abuse course.

Georgia

Georgia Code § 40-6-391(k):

"A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.02 grams or more at any time within three hours after such driving..."

Yes (Mandatory)

First time offenses are deemed misdemeanors and can be punished by participation in a alcohol risk reduction program, a fine of up to $1,000, imprisonment for up to 12 months, or up to 40 hours of community service.

Hawaii

Hawaii Revised Statutes § 291E-64:

"It shall be unlawful for any person under the age of twenty-one years to operate any vehicle with a measurable amount of alcohol."

Yes (Mandatory)

For first time violations, the minor and his or her guardian must attend an alcohol abuse education and counseling program. In addition, minors under 18 face a prompt 180 day license suspension. Those between ages 18-20 face a 30 day suspension with limited use after the suspension for up to 180 days.

Idaho

Idaho Statutes § 18-8004:

"It is unlawful for any person under the age of twenty-one (21) years who has an alcohol concentration of at least 0.02 but less than 0.08...to drive or be in actual physical control of a motor vehicle..."

Yes (Mandatory)

Violations are considered misdemeanors and punishments for first time offenses can include fines of up to $1,000, license suspension for one year; and participation in an alcohol evaluation.

Illinois

Illinois Statutes, Chapter 625 § 5/11-501.8(c):

"A person [under 21 years of age and with] an alcohol concentration of more than 0.00, may [lose their] privilege to operate a motor vehicle."

NOTE: Illinois law exempts situations where the presence of alcohol is from participation in a religious service or the ingestion of medication.

Yes (Mandatory)

Violations result in license suspension for three to six months, among other penalties.

Indiana

Indiana Code § 9-30-5-8.5:

"A person who: (1) is less than twenty-one (21) years of age; and (2) operates a vehicle with an alcohol concentration equivalent to at least two-hundredths (0.02) [BAC] but less than eight-hundredths (0.08) [BAC]...commits a Class C infraction."

No

Iowa

Iowa Code § 321J.2A:

"A person who is under the age of twenty-one shall not operate a motor vehicle while having an alcohol concentration...of .02 or more."

Yes (Discretionary)

For first time offenses with a BAC level less than 0.08, minors will have their licenses suspended for six months and are not eligible for a temporary restricted license for an additional 60 days. For offenses involving a BAC of 0.08 or higher, punishments can include license suspension as well as up to one year in prison, and a fine of up to $1,250.

Kansas

Kansas Statutes § 8-1567a:

"It shall be unlawful for any person less than 21 years of age to operate or attempt to operate a vehicle in this state with a breath or blood alcohol content of .02 or greater."

Yes (Mandatory)

First time offenders with a BAC of between 0.02 and 0.08 can be punished with a thirty day suspension of their license. If a minor has a BAC of 0.08 or higher, they also face license suspension for 30 days with restrictions for an additional 330 days as well as up to 1 year in prison and up to $1,000 in fines.

Kentucky

Kentucky Revised Statutes § 189A.010:

"A person shall not operate or be in physical control of a motor vehicle anywhere in this state...[h]aving an alcohol concentration of 0.02 or more as measured...within two (2) hours cessation of operation or physical control of a motor vehicle, if the person is under the age of twenty-one (21).

No

For first time offenses not involving a BAC of 0.08 or higher, minors will have their license suspended for 30-180 days and face fines of up to $500 or up to 20 hours of community service. For first offenses involving a BAC of 0.08 or higher, minors can face up to $500 in fines, or up to 30 days in prison as well as community service and license suspension for up to 18 months.

Louisiana

Louisiana Revised Statutes, Title 14, § 98.6:

"The crime of underage operating a vehicle while intoxicated is the operating of any motor vehicle...when the operator's blood alcohol concentration is 0.02 percent or more...if the operator is under the age of 21."

Yes (Mandatory)

First time offenses are punishable by fines of up to $250, prison for up to 3 months, community service and license suspension.

Maine

Maine Revised Statutes § 2472:

"The Secretary of State shall suspend, without preliminary hearing, a juvenile provisional license of a person who:

A. Receives an OUI conviction;

B. Operates a motor vehicle with an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath; or

C. Operates a motor vehicle under the influence of drugs."

No

In Maine, juveniles with any measurable amount of alcohol in their system while operating a motor vehicle will have their licenses suspended for one year for first time violations. Juveniles that refuse to take a chemical test face a license suspension of 18 months.

Juveniles with a BAC of 0.08 or higher face prosecution for an OUI with a license suspension of at least one year, fines of up to $500 and at least 2 days in prison.

Maryland

Maryland Transportation Code § 16-113:

"[T]he Administration shall impose on each licensee under the age of 21 years an alcohol restriction that prohibits the licensee from driving or attempting to drive a motor vehicle while having alcohol in the licensee's blood."

NOTE: All drivers under the age of 21 have an automatic alcohol restriction on their licenses.

Yes (Discretionary)

First time violators must automatically participate in the ignition interlock program. Minors convicted of a DUI (0.08 BAC or higher) face license suspension, fines of up to $1,000 and up to one year in jail.

Massachusetts

Massachusetts General Laws, Chapter 90, § 24P:

"[A] person under the age of 21, after having been arrested for or charged [with] a blood alcohol percentage of two one-hundredths [0.02] or greater...shall have his license or permit to operate a motor vehicle suspended..."

Yes (Mandatory)

First time violators between the ages of 18-20 will have their licenses suspended for 180 days. Violators under age 18 will have their licenses suspended for one year. In addition, violators could face up to $5,000 in fines and jail for up to 2.5 years as well as participation in a Youth Alcohol Program.

Michigan

Michigan Compiled Laws, Chapter 257, § 257.625:

"A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any bodily alcohol content."

NOTE: Any presence of alcohol includes a BAC of 0.02 or higher, but can also include "any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony."

No

First time offenders face fines of up to $250, up to 360 hours of community service, a license restriction for 30 days, as well as a Driver Responsibility Fee of $500 for two years.

Minnesota

Minnesota Statutes, Chapter 60 § 169A.33:

"It is a crime for a person under the age of 21 years to drive, operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person's body."

No

Mississippi

Mississippi Code, Title 63 § 63-11-30:

"It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person...[h]as an alcohol concentration [of] Two one-hundredths percent (.02%) or more for a person who is below the legal age to purchase alcoholic beverages under state law..."

Yes (Mandatory)

First time offenders with a BAC of under 0.08 face fines of up to $250, participation in an alcohol safety education program, license suspension for up to 90 days and attendance at a victim impact panel. Offenders with a BAC of 0.08 or higher face fines of up to $1,000 and up to two days in prison in addition to the other restrictions listed above.

Missouri

Missouri Revised Statutes, Title XIX, § 302.505:

"The department shall suspend or revoke the license of any person...where such person was less than twenty-one years of age when stopped and was stopped upon probable cause to believe such person was driving while intoxicated...with a blood alcohol content of two-hundredths of one percent or more by weight [0.02]."

Yes (Mandatory)

Offenders with a BAC under 0.08 face license suspension for 30 days, participation in a substance abuse program, a fee of up to $249 as well as license reinstatement fees.

Montana

Montana Title 61 § 61-8-410:

"It is unlawful for a person under the age of 21 who has an alcohol concentration of 0.02 or more to drive or be in actual physical control of a vehicle upon ways of this state open to the public. Absolute liability, as provided for in 45-2-104, is imposed for a violation of this section."

Yes (Mandatory)

First time offenders with a BAC under 0.08 face fines of up to $500, participation in a chemical dependency education course, license suspension for 90 days, and license reinstatement fees.

Nebraska

Nebraska Revised Statutes, Chapter 60, § 60-6,211.01:

"It shall be unlawful for any person under twenty-one years of age to operate or be in the actual physical control of any motor vehicle:
(1) When such person has a concentration of two-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood...or (2) When such person has a concentration of two-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath..."

Yes (Discretionary)

First time violators face a license suspension for up to 6 months, fines of up to $500 and imprisonment for up to 60 days.

Nevada

Nevada Revised Statutes, Title 43, § 483.461:

"If the result of a test...shows that a person less than 21 years of age had a concentration of alcohol of 0.02 or more but less than 0.08 in his or blood or breath at the time of the test, the person's license, permit or privilege to drive must be suspended..."

Yes (Mandatory)

First time offenders with a BAC less than 0.08 faces license suspension for 90 days, fines of up to $1,000 and prison for at least 2 days and up to 6 months. Underage offenders must also submit to a substance abuse evaluation.

New Hampshire

New Hampshire Statutes § 265-A:2:

"No person shall drive or attempt to drive a vehicle upon any way or operate or attempt to operate an OHRV...[w]hile such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21, 0.02 or more."

Yes (Discretionary)

First time offenders face license suspension for at least 9 months, fines of at least $500, referral to substance abuse screening and evaluation, required participation in a impaired driver education program.

New Jersey

New Jersey Statutes, Title 39 § 4-50.14:

"Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than...0.08%...shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State..."

Yes (Mandatory)

First time offenders face license suspension for up to 90 days, community service for up to 30 days and participation in an alcohol and traffic safety education program.

New Mexico

New Mexico Statutes § 66-8-111:

"The department, upon receipt of a statement signed under penalty of perjury from a law enforcement officer stating the officer's reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor and that the person submitted to chemical testing [which] indicated an alcohol concentration in the person's blood or breath of...two one hundredths or more [0.02] if the person is less than twenty-one years of age, shall revoke the person's license or permit to drive..."

Yes (Discretionary)

First time offenders face license revocation for one year, up to 15 days in jail or up to 2 years in a rehab facility as well as fines up to $500.

New York

New York Vehicle & Traffic Law § 1192-a:

"No person under the age of twenty-one shall operate a motor vehicle after having consumed alcohol...a person under the age of twenty-one is deemed to have consumed alcohol only if such person has .02 of one per centum or more but not more than .07 of one per centum by weight of alcohol in the person's blood..."

No

First time offenders with a BAC under 0.08 face license revocation for 6 months and a $125 civil penalty.

North Carolina

North Carolina General Statutes, Chapter 20, § 20-138.3:

"It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed..."

Yes (Mandatory)

First time offenders with a BAC under 0.08 face license suspension as well as up to $1,000 in fines and up to 30 days in jail.

North Dakota

North Dakota Century Code § 39-20-03.1:

"[A] person under twenty-one years of age [with] an alcohol concentration of at least two one-hundredths of one percent [0.02] by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle..."

No

First time offenders can face license suspension of 91 days, fines of up to $250 and up to 1 year in jail.

Ohio

Ohio Title XLV, § 4511.19:

"No person under twenty-one years of age shall operate any vehicle... if, at the time of the operation...[t]he person has a concentration of at least two-hundredths of one per cent [0.02]but less than eight-hundredths of one per cent [0.08] by weight per unit volume of alcohol in the person's whole blood."

No

First time offenders with a BAC under 0.08 can face a license suspension of 90 days, fines up to $250 and up to 30 days in jail.

Oklahoma

Oklahoma Statutes § 47-11-906.4:

"It is unlawful, and punishable...for any person under twenty-one (21) years of age to drive, operate, or be in actual physical control of a motor vehicle within this state who...[h]as any measurable quantity of alcohol in the person's blood or breath at the time of a test administered within two (2) hours after an arrest of the person..."

Yes (Mandatory)

First time offenders face seizure of their license at the time of their arrest, fines of up to $500, up to 20 hours of community service, and required participation in a treatment program.

Oregon

Oregon Revised Statutes § 813.130:

"The person will fail a test...if the test discloses a blood alcohol content of...[a]ny amount if the person was under 21 years of age."

Yes (Mandatory)

First time offenders can face a license suspension of up to one year, jail from two days to up to one year and fines of up to $1,000.

Pennsylvania

Pennsylvania Statutes § 3802:

"A minor 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 minor's blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle."

Yes (Mandatory)

First time offenders face two days of jail, fines of up to $5,000, required participation in an alcohol safety school, alcohol treatment.

Rhode Island

Rhode Island General Laws § 31-27-2.7:

"A person under the age of twenty-one (21) but at least eighteen (18) years of age...shall be determined to have been driving while impaired if [a] test determines the person's blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than eight one hundredths of one percent (.08%) by weight."

Yes (Mandatory)

First time offenders face license suspension of up to three months, required attendance at a course on intoxicated driving and at an alcohol treatment program.

South Carolina

South Carolina Code of Laws § 56-1-286:

"The Department of Motor Vehicles shall suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration oftwo one-hundredths of one percent [0.02] or more...

Yes (Mandatory)

First time offenders can face license suspension for up to 6 months, jail for up to 30 days and fines of at least $400.

South Dakota

South Dakota Codified Laws § 32-23-21:

"It is a Class 2 misdemeanor for any person under the age of twenty-one years to drive, operate, or be in actual physical control of any vehicle...[i]f there is physical evidence of 0.02 percent or more by weight of alcohol in the person's blood as shown by chemical analysis of the person's breath, blood, or other bodily substance."

Yes (Discretionary)

First time offenders with a BAC under 0.08 can face license suspension for 30 days.

Tennessee

Tennessee Code § 55-10-415:

"A person sixteen (16) years of age or older but under twenty-one (21) years of age may not drive or be in physical control of an automobile or other motor driven vehicle while...[t]he alcohol concentration in the person's blood is more than two-hundredths of one percent (0.02%)..."

Yes (Mandatory)

First time offenders face a one year suspension of their drivers' licenses and a fine of $250.

Texas

Texas Transportation Code § 521.342:

"[T]he license of a person who was under 21 years of age at the time of the offense...is automatically suspended on conviction of [driving while intoxicated], committed as a result of the introduction of alcohol into the body."

Yes (Mandatory)

First time penalties include a 60-day driver license suspension, fines of up to $500, required attendance at alcohol awareness classes, and 20-40 hours of community service.

Utah

Utah Code § 41-6a-517:

" In cases not amounting to [driving under the influence of alcohol], a person may not operate or be in actual physical control of a motor vehicle within this state if the person has any measurable controlled substance or metabolite of a controlled substance in the person's body."

Yes (Mandatory)

Vermont

Vermont Statutes, Title 23, § 1216:

"A person under the age of 21 who operates, attempts to operate, or is in actual physical control of a vehicle on a highway when the person's alcohol concentration is 0.02 or more, commits a civil traffic violation..."

No

First time offenders face a six-month license suspension, required participation in an alcohol and driving education program and treatment assessment and possible use of an ignition interlock system.

Virginia

Virginia Code § 18.2-266.1:

"It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume...but less than 0.08 by weight by volume...shall be in violation of this section."

Yes (Mandatory)

First time offenses are punishable by a one-year license forfeiture, fines of at least $500, or a minimum of 50 hours of community service.

Washington

Washington Revised Code § 46.61.503:

"[A] person is guilty of driving or being in physical control of a motor vehicle after consuming alcohol or marijuana if the person operates or is in physical control of a motor vehicle within this state and the person:
(a) Is under the age of twenty-one; and (b) Has, within two hours after operating or being in physical control of the motor vehicle...[a]n alcohol concentration of at least 0.02 but less than [0.08]."

Yes (Mandatory)

First time offenders can face punishment of license suspension for 90 days, fines of $850 and jail for up to one year.

West Virginia

West Virginia Code § 17C-5-2:

"Any person under the age of twenty-one years who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more [0.02], by weight, but less than eight hundredths of one percent, by weight [0.08], for a first offense under this subsection is guilty of a misdemeanor..."

No

First time offenses are punishable by fines of up to $100 and up to 60 days of a suspended license.

Wisconsin

Wisconsin Statutes § 346.63:

"If a person has not attained the legal drinking age...the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08."

Yes (Discretionary)

First time offenders can face a 3-month suspension of their license, a fine of $200 and additional fines if there were other minor passengers.

Wyoming

Wyoming Statutes § 31-5-234:

"A person younger than twenty-one (21) years of age shall not operate or be in actual physical control of a vehicle in this state with an alcohol concentration of two one-hundredths of one percent (0.02%) or more nor operate or be in actual physical control of a vehicle in this state with an alcohol concentration of two one-hundredths of one percent (0.02%) or more as measured within two (2) hours after the time of driving or being in actual physical control following a lawful arrest resulting from a valid traffic stop."

Yes (Mandatory)

First time offenders can face a 90-day license suspension, fines of up to $750, and substance abuse assessment and treatment.