Skip to main content
Find a Lawyer

Find a Qualified Attorney Near You

Find a Qualified Attorney Near You

Search by legal issue and/or location

Enter information in one or both fields. (Required)

State-by-State DUI Penalties

By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last updated
Legally Reviewed

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

Fact-Checked

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

The potential penalties of a DUI conviction vary by state laws, the number of prior offenses, and any aggravating factors. In general, states often impose fines, jail time, and driver’s license suspension.

Driving under the influence of alcohol or drugs is a crime in every state. It may go by various terms. Some states call it driving under the influence (DUI) or operating under the influence (OUI). Others use the term driving while intoxicated (DWI) or operating while intoxicated (OWI).

Fatalities in drunk driving accidents are preventable. States are strengthening their drugged and drunk driving laws to protect the public and reduce DUI incidents. In many cases, this means increasing the penalties to discourage DUI offenses.

Every state sets its own penalties for first-time and repeat DUIs. Since state laws differ, it will be important to consult with a DUI defense lawyer in your state. They can help you understand the stakes in your case and ways to potentially reduce the penalties.

State Laws for DUI Penalties

Find the state for your DUI case in the table below to see how it penalizes DUI offenses. You can then learn about each type of penalty in the following sections. If you have questions, consult with a lawyer for more details and legal advice.

Disclaimer: State laws are subject to change through the passage of new legislation, ballot initiatives, rulings in the higher courts, including federal decisions, and by other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are exploring.

State Administrative Driver’s License Suspension
(1st, 2nd, 3rd Offense)		 Minimum Required Jail Sentence and Fines (1st, 2nd, 3rd Offense) Mandatory Alcohol Education or Assessment and Treatment Vehicle Confiscation or Forfeiture Possible Ignition Interlock Device Required
Alabama
  1. 90 days
  2. 1 year
  3. 3 years
  1. 1 year, $600 – $1,200
  2. 5 days to 1 year, $1,100 – $5,100
  3. 60 days mandatory up to 1 year, $2,000 – $10,00
 Both Yes Yes
Alaska
  1. 90 days
  2. 1 year
  3. 3 years
  1. 3 days to 1 year, $1,500 – $10,000
  2. 20 days to 1 year, $3,000 – $10,000
  3. 60 days to 1 year, $4,000 – $10,000
 Both Yes Yes
Arizona
  1. 90 days
  2. 1 year
  3. 3 years
  1. 10 days, $1,250
  2. 30 to 90 days, $3,000
  3. 4 months minimum to 2 years, $4,000
 Both Yes Mandatory
Arkansas
  1. 6 months
  2. 2 years
  3. 30 months
  1. 1 day to 1 year, $150 – $1,000
  2. 7 days to 1 year, $400 – $3,000
  3. 90 days to 1 year, $900 – $5000
 Both Yes Mandatory
California
  1. 6 months
  2. 2 years
  3. 3 years
  1. 96 hours to 6 months, $390 – $1,000
  2. 90 days to 12 months, $390 – $1,000
  3. 120 days to 1 year, $390 – $1,000
 Both Yes Yes
Colorado
  1. 9 months
  2. 1 year
  3. 2 years
  1. 5 days to 1 year, $1,000
  2. 10 days to 1 year, $1,500
  3. 60 days minimum to 1 year, $1,500
 Both Yes Yes
Connecticut
  1. 45 days, then 1 year IID
  2. 45 days, then 3 years IID
  3. Permanent
  1. 2 days to 6 months, $500 – $1,000
  2. 120 days to 2 years, $1,000 – $4,000
  3. 1 to 3 years, $2,000 – $8,000
 Both Yes Yes
Delaware
  1. 12 months
  2. 18 months
  3. 24 months
  1. Up to 12 months, $1,500
  2. 60 days to 18 months, $2,500
  3. 3 months minimum up to 2 years, $5,000
 Both Yes Yes
District of Columbia
  1. 6 months
  2. 1 year
  3. 2 years
  1. Up to 180 days, $1,000
  2. 10 days to 1 year, $2,500 – $5,000
  3. 15 days to 1 year, $2,500 – $10,000
 No No Yes
Florida
  1. 6 months
  2. 1 year
  3. 2 year
  1. Up to 6 months, $500 – $1,000
  2. Up to 9 months, $1,000 – $2,000
  3. Up to 12 months, $2,000 – $5,000
 Education Yes Yes
Georgia
  1. 1 year
  2. 3 years
  3. 5 years
  1. 24 hours to 1 year, $300 – $1,000
  2. 48 hours to 1 year, $600 – $1,000
  3. 120 days to 1 year, $5,000
 Both Yes, with habitual violator status Yes
Hawaii
  1. 1 year
  2. 2-3 years
  3. 3-5 years
  1. 3 to 5 days, $250 – $1,000
  2. 5 to 30 days, $1,000 – $3,000
  3. Up to 5 years, $2,000 – $5,000
 Both Yes, 3rd offense Yes
Idaho
  1. 3-6 months
  2. 1 year
  3. 5 years
  1. Up to 6 months, $1,000
  2. 10 days to 1 year, $2,000
  3. 30 days to five years, $5,000
 Both, if recommended Yes Yes
Illinois
  1. 1 year
  2. 5 years
  3. Up to 10 years
  1. Up to 1 year, $2,500
  2. 5 days to 1 year, $5,000
  3. 3 to 7 years, $25,000
 Both Yes Yes
Indiana
  1. 30 days to 2 years
  2. 180 days to 2 years
  3. Up to 10 years
  1. Up to 1 year, $5,000
  2. 5 days to 3 years, $10,000
  3. 10 days to 3 years, $10,000
 Both, if recommended Yes Yes
Iowa
  1. 180 days
  2. 1 year
  3. 6 years
  1. 48 hours to 1 year, $1,250
  2. 7 days to 2 years, $1,875 – $6,250
  3. 30 days to 5 years, $3,125 – $9,375
 Both Yes, 2nd offense Yes
Kansas
  1. 30 days
  2. 1 year
  3. 3 years
  1. Up to 6 months, $750 – $1,000
  2. 90 days to 1 year, $1,250 – $1,750
  3. 90 days to 1 year, $1,750 – $2,500
 Both Yes Yes
Kentucky
  1. 6 months
  2. 18 months
  3. 36 months
  1. 48 hours to 30 days, $500
  2. 7 days to 6 months, $500
  3. 30 days to 1 year, $1,000
 Both Yes Yes
Louisiana
  1. 1 year
  2. 2 years
  3. 3 years
  1. 10 days to 6 months, $300 – $1,000
  2. 30 days to 6 months, $750 – $1,000
  3. 1 year to 5 years, $2,000
 Both Yes Yes
Maine
  1. 150 days
  2. 3 years
  3. 6 years
  1. Up to 1 year, $500
  2. 7 days, $700
  3. 6 months, $2,100
 Both Yes Yes
Maryland
  1. 6 months
  2. 1 year
  3. 18 months
  1. Up to 1 year, $1,000
  2. 7 days to 2 years, $2,000
  3. 10 days to 3 years, $3,000
 Yes Yes Yes
Massachusetts
  1. 1 year
  2. 2 years
  3. 8 years
  1. Up to 2.5 years, $500 – $5,000
  2. 60 days to 2.5 years, $600 – $10,000
  3. 180 days to 5 years, $1,000 – $15,000
 Both Yes Yes
Michigan
  1. 180 days
  2. 1 year
  3. 1 year
  1. 93 days, $100 – $500
  2. 5 days to 1 year, $200 – $1,000
  3. 30 days to 5 years, $500 – $5,000
 Both Yes, 2nd offense 2nd offense
Minnesota
  1. 90 days
  2. 1 year
  3. Indefinite
  1. Up to 90 days, $1,000
  2. 30 days, $1,000
  3. 90 days, $3,000
 Education for first offense; Treatment and assessment for 2nd or subsequent Yes Yes
Mississippi
  1. 120 days
  2. 1 year
  3. 3 years
  1. 48 hours, $1,000
  2. 5 days to 6 months, $1,500
  3. 1 year to 5 years, $5,000
 Education for a first offense; Assessment and treatment for 2nd or more Yes Yes
Missouri
  1. 90 days
  2. 1 year
  3. 10 years
  1. Up to 6 months, $500
  2. 10 days to 1 year, $1,000
  3. 30 days to 15 years, $5,000
 Both Yes Yes
Montana
  1. 6 months
  2. 1 year
  3. 1 year
  1. 24 hours to 6 months, $600 – $1,000
  2. 7 days to 1 year, $1,200 – $2,000
  3. 30 days to 1 year, $2,500 – $5,000
 Both Yes Yes
Nebraska
  1. 6 months
  2. 18 months
  3. 15 years
  1. 7 days to 6 months, $500
  2. 30 days to 2 years, $500
  3. 180 days minimum, $1,000
 Yes No Yes
Nevada
  1. 180 days
  2. 1 year
  3. 3 years
  1. 2 days, $400 – $1,000
  2. 10 days, $750 – $ 1,000
  3. 1 to 6 years, $2,000 – $5,000
 Both No Yes
New Hampshire
  1. 9 months
  2. 3 years
  3. Indefinitely
  1. None, $500
  2. 17 to 60 days, $750
  3. 180 days, $750
 Both No Yes
New Jersey
  1. 3 months
  2. 2 years
  3. 10 years
  1. Up to 30 days, $250 – $400
  2. 48 hours to 90 days, $500 – $1,000
  3. 180 days, $1,000
 Both No Yes
New Mexico
  1. 1 year
  2. 2 years
  3. 3 years
  1. 90 days, $500
  2. 96 hours to 1 year, $1,000
  3. 30 days to 1 year, $1,000
 Both No 2nd offense
New York
  1. 6 months
  2. 1 year
  3. 1 year
  1. 1 year, $500 – $1,000
  2. 4 years, $1,000 – $5.000
  3. 7 years, $2,000 – $10,000
 Both Yes, 2nd offense Yes
North Carolina
  1. 1 year
  2. 4 years
  3. Indefinitely
  1. 24 hours to 60 days, $200
  2. Repeat offenses vary in penalties possible
 Both Yes, with habitual offender status Yes
North Dakota
  1. 91 days
  2. 1 year
  3. 2 years
  1. N/A if BAC is under %0.16, $500
  2. 10 days, $1,500
  3. 120 days, $2,000
 Assessment & treatment Yes Yes
Ohio
  1. 1 year
  2. 1 year
  3. 12 years
  1. 3 days to 180 days, $375 – $1,075
  2. 10 days minimum, $1,625
  3. 1 year, $2,750
 Assessment & treatment Yes, 4th offense Yes
Oklahoma
  1. 6 months
  2. 1 year
  3. 3 years
  1. 10 days to 1 year, $1,000
  2. 1 to 2 years, $2,500
  3. 1 to 10 years, $5,000
 Both Yes Yes
Oregon
  1. 1 year
  2. 3 years
  3. Indefinitely
  1. 48-hours to 1 year, $1,000 – $6,250
  2. 48-hours to 1 year, $1,500 – $6,250
  3. 90 days minimum, $2,000 – $125,000
 Assessment & treatment Yes Yes
Pennsylvania
  1. None
  2. 1 year
  3. 1 year
  1. 6 months probation, $300
  2. 5 days, $2,500
  3. 10 days, $5,000
 Both No Required with 2nd offense
Rhode Island
  1. 30 days
  2. 1 year
  3. 2 years
  1. 1 year, $100 – $300
  2. 10 days to 1 year, $400
  3. 1 to 3 years, $400
 Both Yes, 3rd offense Yes
South Carolina
  1. 6 months
  2. 1 year
  3. 2 years
  1. 30 days, $400
  2. Up to 1 year, $5,100
  3. Up to 3 years, $6,300
 Both Yes Yes
South Dakota
  1. 30 days
  2. 1 year
  3. 1 year following imprisonment
  1. Up to 1 year, $2,000
  2. Up to 1 year, $2,000
  3. Up to 2 years, $4,000
 Both No Not required, discretionary
Tennessee
  1. 1 year
  2. 2 years
  3. 6 years
  1. 48 hours, $350 – $1,500
  2. 45 days, $600 – $3,500
  3. 120 days, $1,100 – $10,000
 Both Yes, 2nd offense Yes
Texas
  1. 90 days
  2. 180 days
  3. 180 days
  1. 72 hours to 90 days, $2,000
  2. 30 days to 1 year, $4,000
  3. Up to 10 years, $10,000
 Education Yes, 3rd offense After 2nd offense
Utah
  1. 120 days
  2. 2 years
  3. 2 years
  1. 48 hours to 6 months, $1,390
  2. 10 days, $1,580
  3. 1,500 hours to 5 years, $2,850
 Both Yes Yes
Vermont
  1. 90 days
  2. 18 months
  3. Permanent
  1. Up to 2 years, $750
  2. 60 hours to 2 years, $1,500
  3. 96 hours to 5 years, $2,500
 Both Yes, 3rd offense Required for limited license
Virginia
  1. 1 year
  2. 3 years
  3. Indefinite
  1. None, $250
  2. Up to 1 year, $500
  3. 1 to 5 years, $1,000
 Both Yes Yes
Washington
  1. 90 days
  2. 2 years
  3. 3 years
  1. 24 hours to 1 year, $350 – $5,000
  2. 30 days to one year, $500 – $5,000
  3. 90 days to 1 year, $1,000 – $5,000
 Both Yes Yes
West Virginia
  1. 6 months
  2. 10 years
  3. Lifetime
  1. Up to 6 months, $100 – $500
  2. 6 months to 1 year, $1,000 – $3,000
  3. 2 to 5 years, $3,000 – $5,000
 Both No Yes
Wisconsin
  1. 6 months
  2. 1 year
  3. 2 years
  1. None, $300
  2. 5 days to 6 months, $1,100
  3. 45 days to 12 months, $2,000
 Both No Yes
Wyoming
  1. 90 days
  2. 1 year
  3. 3 years
  1. Up to 6 months, $750
  2. 7 days to 6 months, $750
  3. 30 days to 6 months, $3,000
 Both No Yes

Note: A person arrested for DUI may be subject to additional criminal law penalties not addressed here, such as community service and probation. Such criminal penalties are typically more discretionary than those identified in this chart. They are, therefore, more difficult to predict accurately. Generally, first-time DUI offenders can expect to incur a fine and face the possibility of jail time. Repeat DUI offenders will incur harsher fines and will almost certainly serve a number of days in jail. Penalties will be severe if an accident occurred that caused bodily injury or death to another.

Administrative License Suspension or Revocation

The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose blood alcohol concentration (BAC) is above the state limit for intoxication. They also refer to drivers who refuse to submit to BAC testing. A state agency, such as a department of motor vehicles, distinct from any criminal court penalties, usually carries out administrative suspension or revocation of a driver’s license.

You serve this suspension regardless of what happens with your criminal case. You may receive additional license suspension after a conviction.

Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.

Note: The penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated zero tolerance or underage DUI laws and enhanced penalty DUI laws. Most states recognize different sanctions for these types of DUI offenses.

Implied Consent Laws

All states now have implied consent laws. By having a driver’s license or driving on state roads, the law deems that you consent to chemical tests when a police officer requests them. If you refuse to cooperate with chemical tests, you can lose your driving privileges, or face a fine or even a criminal charge.

Alcohol Education, Assessment, and Treatment

Alcohol education and assessment with treatment are typically part of a DUI sentence. Most DUI penalties include mandatory attendance at DUI prevention programs and assessment of potential substance dependency problems. You will need to complete the assessment before your sentencing hearing.

These programs are often made conditions of a suspended sentence or probation. This means that you can avoid jail time and payment of hefty fines if you complete participation in the program.

Vehicle Confiscation or Forfeiture

Vehicle confiscation or forfeiture penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender’s vehicle. These seizures may be permanent or for a set time. Such penalties typically apply only to repeat DUI offenders. Often, the return of the vehicle requires payment of fines and significant administrative costs.

Ignition Interlock Device

A vehicle ignition interlock device (IID) measures your BAC before you can start your vehicle. If the IID detects more than a minimal amount of alcohol, usually a BAC of .02%, you won’t be able to drive. DUI offenders must pay for installing, renting, and maintaining an ignition interlock device. Some states offer programs to assist or lower these fees if you qualify.

The court may order you to install an IID. An IID is usually required by your state’s department of motor vehicles (DMV) if you request a restricted license to drive to work or school.

Learn More About DUI Penalties in Your State—Talk to a Lawyer

State laws differ quite a lot about penalties for impaired driving offenses. The law can also be confusing. If charged with a DUI or recently arrested, consult an experienced DUI defense attorney. An attorney can provide valuable legal advice and help protect your rights.

Was this helpful?

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex DUI situations usually require a lawyer
  • DUI defense attorneys can challenge Breathalyzer/Intoxilyzer or blood test results
  • A lawyer can seek to reduce or eliminate DUI penalties
  • A lawyer can help get your license back

Get tailored advice and ask your legal questions. Many attorneys offer free consultations.

If you need an attorney, find one right now.

Helpful Links

Attorney Directory

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
SPONSORED

Next Steps

Contact a qualified DUI attorney to make sure your rights are protected.

Enter information. (Required)

Find Help for These Areas:

Copied to clipboard