Penalties for Drinking & Driving

The Zero Tolerance Law provides that minors can have their driving privileges suspended even if they're not intoxicated at the .08 level. The following table shows the length of time your driving privileges may be suspended under the Zero Tolerance Law (for BAC of .01 or greater) and DUI Laws (for BAC of .08 or greater). The loss of driving privileges is greater if you refuse to take a sobriety test.

Under Zero Tolerance Law

  • Test Taken
    1st Violation 3 Months
    2nd Violation 1 Year
  • Test Refused
    1st Violation 6 Months
    2nd Violation 2 Years

Under DUI Laws

  • Test Taken
    1st Violation 6 Months
    2nd Violation 1 Year
  • Test Refused
    1st Violation 12 Months
    2nd Violation 3 Years

Effect on Your Driving Record

  • Zero Tolerance (BAC of .01 or greater) -- Except during suspension period, not on public driving record as long as there is no subsequent suspension
  • DUI Conviction (BAC of .08 or greater) -- Permanently on public driving record

Under certain conditions, you may be charged with DUI even though your BAC is below .08.