State-by-State DUI Penalties

By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed March 17, 2024

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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).

A person dies every 39 minutes in the United States in drunk driving accidents. These fatalities are preventable. As a public health crisis, states are strengthening their drugged and drunk driving laws to protect the public and reduce DUI incidents.

DUI Law Basics

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 (1st, 2nd, 3rd Offense) Fines

Mandatory Alcohol Education or Assessment and Treatment

Vehicle Confiscation or Forfeture Possible

Ignition Interlock Device Required

Alabama
  1. 90 days
  2. 1 year
  3. 3 years
  1. 1 year
  2. 5 days to 1 year
  3. 60 days mandatory up to 1 year
  1. $600 - $1,200
  2. $1,100- $5,100
  3. $2,000- $10,00

Both

Yes

Yes

Alaska
  1. 90 days
  2. 1 year
  3. 3 years
  1. 1 year
  2. 5 days to 1 year
  3. 60 days to one year
  1. $600 - $1,200
  2. $1,100- $5,100
  3. $4,000- $25,000

Both

Yes

Yes

Arizona
  1. 90 days
  2. 1 year
  3. 3 years
  1. 10 days
  2. 30 to 90 days
  3. 4 months minimum to 2 years
  1. $1,250
  2. $3,000
  3. $4,000

Both

 Yes

Mandatory

Arkansas
  1. 6 months
  2. 2 years
  3. 30 months
  1. 1 day to 1 year
  2. 7 days to 1 year
  3. 90 days to 1 year
  1. $150- $1,000
  2. $400- $3,000
  3. $900- $5000

Both

 Yes

Mandatory

California
  1. 6 months
  2. 2 years
  3. 3 years
  1. 96 hours to 6 months
  2. 90 days to 12 months
  3. 120 days to 1 year
  1. $1,000
  2. $1,000
  3. $1,000

Both

Yes

Yes

Colorado
  1. 9 months
  2. 1 year
  3. 2 years
  1. 5 days to 1 year
  2. 10 days to 1 year
  3. 60 days minimum to 1 year
  1. $1,000
  2. $1,500
  3. $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
  2. 120 days to 2 years
  3. 1 to 3 years
  1. $500- $1,000
  2. $1,000- $4,000
  3. $2,000 - $8,000

Both

Yes

Yes

Delaware
  1. 12 months
  2. 18 months
  3. 24 months
  1. Up to 12 months
  2. 60 days to 18 months
  3. 3 months minimum up to 2 years
  1. $1,500
  2. $2,500
  3. $5,000
 Both

Yes

Yes

District of Columbia
  1. 6 months
  2. 1 year
  3. 2 years
  1. Up to 180 days
  2. 10 days to 1 year
  3. 15 days to 1 year
  1. $1,000
  2. $2,500- $5,000
  3. $2,500- $10,000

No

No

Yes

Florida
  1. 6 months
  2. 1 year
  3. 2 year
  1. Up to 6 months
  2. Up to 9 months
  3. Up to 12 months
  1. $500- $1,000
  2. $1,000- $2,000
  3. $2,000- $5,000

Education

Yes

Yes

Georgia
  1. 1 year
  2. 3 years
  3. 5 years
  1. 24 hours to 1 year
  2. 48 hours to 1 year
  3. 120 days to 1 year
  1. $300- $1,000
  2. $600- $1,000
  3. $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
  2. 5 to 30 days
  3. Up to 5 years
  1. $250- $1,000
  2. $1,000- $3,000
  3. $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
  2. 10 days to 1 year
  3. 30 days to five years
  1. $1,000
  2. $2,000
  3. $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. 5 days to 1 year
  3. 3 to 7 years
  1. $2,500
  2. $5,000
  3. $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
  2. 5 days to 3 years
  3. 10 days to 3 years
  1. $5,000
  2. $10,000
  3. $10,000

Both, if recommended

Yes

Yes

Iowa
  1. 180 days
  2. 1 year
  3. 6 years
  1. 48 hours to 1 year
  2. 7 days to 2 years
  3. 30 days to 5 years
  1. $1,250
  2. $1,875- $6250
  3. $3125- $9,375

Both

Yes, 2nd offense

Yes

Kansas
  1. 30 days
  2. 1 year
  3. 3 years
  1. Up to 6 months
  2. 90 days to 1 year
  3. 90 days to 1 year
  1. $750- $1,000
  2. $1,250- $1,750
  3. $1,750- $2,500

Both

Yes

Yes

Kentucky
  1. 6 months
  2. 18 months
  3. 36 months
  1. 48 hours to 30 days
  2. 7 days to 6 months
  3. 30 days to 1 year
  1. $500
  2. $500
  3. $1,000

Both

Yes

Yes

Louisiana
  1. 1 year
  2. 2 years
  3. 3 years
  1. 10 days to 6 months
  2. 30 days to 6 months
  3. 1 year to 5 years
  1. $300- $1,000
  2. $750 to $1,000
  3. $2,000

Both

Yes

Yes

Maine
  1. 150 days
  2. 3 years
  3. 6 years
  1. Up to 1 year
  2. 7 days
  3. 6 months
  1. $500
  2. $700
  3. $2,100

Both

Yes

Yes

Maryland
  1. 6 months
  2. 1 year
  3. 18 months
  1. Up to 1 year
  2. 7 days to 2 years
  3. 10 days to 3 years
  1. $1,000
  2. $2,000
  3. $3,000

Yes

Yes

Yes

Massachusetts
  1. 1 year
  2. 2 years
  3. 8 years
  1. Up to 2.5 years
  2. 60 days to 2.5 years
  3. 180 days to 5 years
  1. $500- $5,000
  2. $600- $10,000
  3. $1,000- $15,000

Both

Yes

Yes

Michigan
  1. 180 days
  2. 1 year
  3. 1 year
  1. 93 days
  2. 5 days to 1 year
  3. 30 days to 5 years
  1. $100- $500
  2. $200- $1,000
  3. $500- $5,000

Both

Yes, 2nd offense

2nd offense

Minnesota
  1. 90 days
  2. 1 year
  3. Indefinite
  1. Up to 90 days
  2. 30 days
  3. 90 days
  1. $1,000
  2. $1,000
  3. $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
  2. 5 days to 6 months
  3. 1 year to 5 years
  1. $1,000
  2. $1,500
  3. $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
  2. 10 days to 1 year
  3. 30 days to 15 years
  1. $500
  2. $1,000
  3. $5,000

Both

 Yes

Yes

Montana
  1. 6 months
  2. 1 year
  3. 1 year
  1. 24 hours to 6 months
  2. 7 days to 1 year
  3. 30 days to 1 year
  1. $600- $1,000
  2. $1,200- $2,000
  3. $2,500- $5,000

Both

Yes

Yes

Nebraska
  1. 6 months
  2. 18 months
  3. 15 years
  1. 7 days to 6 months
  2. 30 days to 2 years
  3. 180 days minimum
  1. $500
  2. $500
  3. $1,000

Yes

No

Yes

Nevada
  1. 180 days
  2. 1 year
  3. 3 years
  1. 2 days
  2. 10 days
  3. 1 to 6 years
  1. $400- $1,000
  2. $ 750- $ 1,000
  3. $2,000- $5,000

Both

No

Yes

New Hampshire
  1. 9 months
  2. 3 years
  3. Indefinitely
  1. None
  2. 17 to 60 days
  3. 180 days
  1. $500
  2. $750
  3. $750

Both

No

Yes

New Jersey
  1. 3 months
  2. 2 years
  3. 10 years
  1. Up to 30 days
  2. 48 hours to 90 days
  3. 180 days
  1. $250- $400
  2. $500- $1,000
  3. $1,000

Both

No

Yes

New Mexico
  1. 1 year
  2. 2 years
  3. 3 years
  1. 90 days
  2. 96 hours to 1 year
  3. 30 days to 1 year
  1. $500
  2. $1,000
  3. $1,000

Both

No

2nd offense

New York
  1. 6 months
  2. 1 year
  3. 1 year
  1. 1 year
  2. 4 years
  3. 7 years
  1. $500- $1,000
  2. $1,000- $5.000
  3. $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
  2. Repeat offenses vary in penalties possible
  1. $200
  2. Repeat offenses vary in penalties available

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
  2. 10 days
  3. 120 days
  1. $500
  2. $1,500
  3. $2,000

Assessment & treatment

Yes

Yes

Ohio
  1. 1 year
  2. 1 year
  3. 12 years
  1. 3 days to 180 days
  2. 10 days minimum
  3. 1 year
  1. $375- $1,075
  2. $1,625
  3. $2,750

Assessment & treatment

Yes, 4th offense

Yes

Oklahoma
  1. 6 months
  2. 1 year
  3. 3 years
  1. 10 days to 1 year
  2. 1 to 2 years
  3. 1 to 10 years
  1. $1,000
  2. $2,500
  3. $5,000

Both

Yes

Yes

Oregon
  1. 1 year
  2. 3 years
  3. Indefinitely
  1. 48-hours to 1 year
  2. 48-hours to 1 year
  3. 90 days minimum
  1. $1,000- $6,250
  2. $1,500- $6,250
  3. $2,000- $125,000
 Assessment & treatment

Yes

Yes

Pennsylvania
  1. None
  2. 1 year
  3. 1 year
  1. 6 months probation
  2. 5 days
  3. 10 days
  1. $300
  2. $2,500
  3. $5,000

Both

No

Required with 2nd offense

Rhode Island
  1. 30 days
  2. 1 year
  3. 2 years
  1. 1 year
  2. 10 days to 1 year
  3. 1 to 3 years
  1. $100- $300
  2. $400
  3. $400

Both

Yes, 3rd offense

Yes

South Carolina
  1. 6 months
  2. 1 year
  3. 2 years
  1. 30 days
  2. Up to 1 year
  3. Up to 3 years
  1. $400
  2. $5,100
  3. $6,300

Both

Yes

Yes

South Dakota
  1. 30 days
  2. 1 year
  3. 1y following imprisonment
  1. Up to 1 year
  2. Up to 1 year
  3. Up to 2 years
  1. $2,000
  2. $2,000
  3. $4,000

Both

No

Not required, discretionary

Tennessee
  1. 1 year
  2. 2 years
  3. 6 years
  1. 48 hours
  2. 45 days
  3. 120 days
  1. $350- $1,500
  2. $600- $3,500
  3. $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. 30 days to 1 year
  3. Up to 10 years
  1. $2,000
  2. $4,000
  3. $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
  2. 10 days
  3. 1,500 hours to 5 years
  1. $1,390
  2. $1,580
  3. $2,850

Both

Yes

Yes

Vermont
  1. 90 days
  2. 18 months
  3. Permanent
  1. Up to 2 years
  2. 60 hours to 2 years
  3. 96 hours to 5 years
  1. $750
  2. $1,500
  3. $2,500

Both

Yes, 3rd offense

Required for limited license

Virginia
  1. 1 year
  2. 3 years
  3. Indefinite
  1. None
  2. Up to 1 year
  3. 1 to 5 years
  1. $250
  2. $500
  3. $1,000

Both

Yes

Yes

Washington
  1. 90 days
  2. 2 years
  3. 3 years
  1. 24 hours to 1 year
  2. 30 days to one year
  3. 90 days to 1 year
  1. $350- $5,000
  2. $500- $5,000
  3. $1,000- $5,000

Both

Yes

Yes

West Virginia
  1. 6 months
  2. 10 years
  3. Lifetime
  1. Up to 6 months
  2. 6 months to 1 year
  3. 2 to 5 years
  1. $100- $500
  2. $1,000- $3,000
  3. $3,000- $5,000

Both

No

Yes

Wisconsin
  1. 6 months
  2. 1 year
  3. 2 years
  1. None
  2. 5 days to 6 months
  3. 45 days to 12 months
  1. $300
  2. $1,100
  3. $2,000

Both

No

Yes

Wyoming
  1. 90 days
  2. 1 year
  3. 3 years
  1. Up to 6 months
  2. 7 days to 6 months
  3. 30 days to 6 months
  1. $750
  2. $750
  3. $3,000
 Both

No

 Yes

Note: Persons 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.

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