DUI Penalties by State – Complete Overview and FAQs

Driving under the influence not only puts you and other people in danger, but it also can earn you a hefty fine. Residents in some states may even have to serve jail time or do community service. Repeating offenders risk losing the license for good, too. What DUI punishment you face for driving while impaired depends on where you live. That’s why it’s essential to know the DUI penalties by state. Below, we will go over the fines, jail time, and license suspension you’re facing for DUI in every state. Discover the worst state to get a DUI alongside the typical punishments for your 1st, 2nd, and 3rd offense.

Penalties for Drunk Driving Across the US

A DUI is a severe offense, regardless of where you make it. Still, in some states, the financial burden of driving under the influence can be much higher. In our first table, you can see the DUI punishments by state for 1st, 2nd, and 3rd offenses. Repeating offenders naturally face more severe fines than first-time offenders. In this section, we’ll focus on cash DUI penalties. Further along, however, we’ll also cover the possible jail, license restrictions, and Ignition Interlock Device (IID) DUI punishments.

State	1st Offense Fine	2nd Offense Fine	3rd Offense Fine
Alabama	$600 to $2,100	$1,100 to $5,100	$2,100 to $10,100
Alaska	$1,500 to $25,000	$3,000 to $25,000	$4,000 to $25,000
Arizona	$1,480 to at least $3,250	$3,000 to at least $4,250	$3,000 to at least $4,250
Arkansas	$150 to $1,000	$400 to $3,000	$900 to $5,000
California	$390 to $1,000	$390 to $1,000	Up to $1,800
Colorado	$600 to $1,000	$600 to $1,500	$600 to $1,500
Connecticut	$500 to $1,000	$1,000 to $4,000	$2,000 to $8,000
D.C.	$1,000	$2,500 to $5,000	$2,500 to $10,000
Delaware	$500 to $1,500	$750 to $2,500	Up to $5,000
Florida	$500 to $2,000	$1,000 to $4,000	$2,000 to $5,000
Georgia	$300 to $1,000	$600 to $1,000	$1,000 to $5,000
Hawaii	$250 to $1,000	$1,000 to $3,000	$2,000 to $5,000
Idaho	Up to $1,000 or up to $2,000 (BAC .20% or greater)	Up to $2,000 or up to $5,000 (BAC .20% or greater)	Up to $5,000
Illinois	$500 to $2,500	$1,250 to $2,500	$2,500 to $25,000
Indiana	Up to $500 / up to $5,000 (BAC .15% or greater)	Up to $500 / up to $5,000 (BAC .15% or greater)	Up to $500 / up to $5,000 (BAC .15% or greater)
Iowa	$625 to $1,250	$1,875 to $6,250	$3,125 to $9,375
Kansas	Up to $1,000	Up to $1,750	Up to $2,500
Kentucky	$200 to $500	$350 to $500	$500 to $1,000
Louisiana	$300 to $1,000	$750 to $1,000	$2,000
Maine	$500 to $2,000	$700 to $2,000	$1,100 to $5,000
Maryland	Up to $1,000	Up to $2,000	Up to $5,000
Massachusetts	$500 to $5,000	$600 to $10,000	$1,000 to $15,000
Michigan	$100 to $500	$200 to $1,000	$500 to $5,000
Minnesota	Up to $1,000	Up to $3,000	Up to $3,000
Mississippi	$250 to $1,000	$600 to $1,500	$2,000 to $5,000
Missouri	Up to $1,000	Up to $2,000	Up to $10,000
Montana	$600 to $1,000	$1,200 to $2,000	$2,500 to $5,000
Nebraska	$500	$500 or $1,000 (if BAC .15% or more)	$1,000 or Up to $10,000 (if BAC is .15% or more)
Nevada	$400 minimum	$750 minimum	$2,000 minimum
New Hampshire	$500 to $1,200	$750 to $2,000	$750 to $2,000
New Jersey	$250 to $400	$500 to $1,000	$1,000
New Mexico	Up to $500	$500 to $1,000	$750 to $1,000
New York	$500 to $1,000	$1,000 to $5,000	$2,000 to $10,000
North Carolina	Max $200 (level 5)	Max $500 (level 4)	Max $1,000 (level 3)
North Dakota	$500 to $1,500 (minimum $750 if .16% or more BAC)	$1,500	$2,000 to $3,000
Ohio	$375 to $1,075	$525 to $1,625	$850 to $2,750
Oklahoma	Up to $1,000	Up to $2,500	Up to $5,000
Oregon	$1,000 / $2,000 if BAC is .15% or more to $6,250	$1,500 / $2,000 if BAC is .15% or more to $6,250	$2,000 (if the person is not sentenced to a term of imprisonment) to $125,000
Pennsylvania	$300 to $5,000	$300 to $10,000	$500 to $10,000
Rhode Island	$100 to $500	$400 to over $1,000	$400 to $5,000
South Carolina	$400 to $1,000	$2,100 to $6,500	$3,800 to $10,000
South Dakota	Up to $2,000	Up to $2,000	Up to $4,000
Tennessee	$350 to $1,500	$600 to $3,500	$1,100 to $10,000
Texas	Up to $2,000 / up to $4,000 with BAC .15% or more)	Up to $4,000	Up to $10,000
Utah	At least $1,310	At least $1,560	At least $2,850
Vermont	Up to $750	Up to $1,500	Up to $2,500
Virginia	$250 to $2,500	$500 to $2,500	$1,000 to $2,500
Washington	$350 to $5,000	$500 to $5,000	$1,000 to $5,000
West Virginia	$100 to $500 ($200 to $1,000 if .15% BAC or greater)	$1,000 to $3,000	$3,000 to $5,000
Wisconsin	$150 to $300	$350 to $1,100	$600 to $2,000

States With the Highest Fines for Drunk Driving

Alaska, Arizona, Massachusetts, and Texas have the worst DUI fines by state, or when it comes to the 1st offense, in any case. In Alaska, the minimum fine is a hefty $1,500, and for severe cases, drivers can get hit with up to $25,000 penalty. Arizona fines the first DUI with $1,480, while in Massachusetts, the penalties go between $500 and $5,000. In Texas, first-time offenders face a fine of up to $2,000 or up to $4,000 if their BAC is 0.15% or greater.

Alaska, Arizona, D.C., Iowa, Massachusetts, and New York lead the way in the strictest drunk driving penalties by state for second-time offenders. Alaska’s maximum fine of $25,000 is the highest here, but its minimum penalty of $3,000 shouldn’t be overlooked either. Arizona and D.C. have penalties ranging from $3,000 to at least $4,250 and from $2,000 to $5,000, respectively. Your 2nd DUI can result in a fine between $1,875 and $6,250 in Iowa, and between $600 and $10,000 in Massachusetts. A penalty between $1,000 and $5,000 for their 2nd offense awaits drunk drivers in New York State.

Alaska, D.C., Illinois, Massachusetts, New York, and Oregon have the worst DUI penalties by state for third-time offenders. In Alaska, a 3rd DUI gets you a fine between $4,000 and $25,000. In D.C., the penalties go up to $10,000, just like in New York. A 3rd offense penalty of between $1,000 and $15,000 applies in Massachusetts. A special shout out here goes to Oregon, where the maximum fine can be a stunning $125,000.

States With the Lowest Fines for Drunk Driving

Arkansas, Rhode Island, West Virginia, and Wisconsin have the lowest DUI punishment by state for first-time offenders. Kentucky, Wisconsin, and Wyoming lead the list of states with most lenient drunk driving laws for a 2nd DUI. Finally, the lowest punishments for DUI for a 3rd DUI goes to Indiana. Here, drivers with blood alcohol content (BAC) of under 0.15% pay up to $500. Colorado, Kentucky, and Rhode Island also have generally low penalties in this category.

Other Significant DUI Penalties by State

Besides a cash fine, most states also impose mandatory jail time, community service, license suspensions, and IIDs. Again, the exact DUI penalty you get depends on where you make the offense. Some jurisdictions have stricter penalties than others.

Drunk Driving Penalties – Jail Time

Below, you can find the DUI laws by state when it comes to jail time imposed on first-time, second-time, and third-time offenders.

State	1st Offense Jail Time	2nd Offense Jail Time	3rd Offense Jail Time
Alabama	Up to 1 year	5 days to 1 year	60 days to 1 year
Alaska	72 hours to 1 year	20 days to 1 year	60 days to 1 year
Arizona	10 to at least 45	90 to at least 180	90 to at least 180
Arkansas	24 hours to 1 year	7 days to 1 year	90 days to 1 year
California	Up to 6 months	96 hours to 1 year	120 days to 1 year
Colorado	5 days to 1 year	10 days to 1 year	60 days to 1 year
Connecticut	48 hours to up to 6 months	120 days to 2 years	1 to 3 years
D.C.	Up to 180 days	10 days to 1 year	15 days to 1 year
Delaware	Up to 12 months	60 days to 18 months	1 to 2 years of prison
Florida	Up to 6 months (9 if aggravated)	Up to 9 months (12 if aggravated)	Up to 12 months
Georgia	10 days to 12 months	90 days to 12 months	120 days to 12 months
Hawaii	48 hours to 5 days	5 to 30 days	5 years
Idaho	Up to 6 months or up to 1 year (BAC .20% or greater)	10 days to 1 year or 30 days to 5 years (BAC .20% or greater)	30 days to 10 years
Illinois	Up to 364 days	5 to 364 days	10 days or at least 90 days (BAC 16% or more)
Indiana	Up to 60 days / up to 1 year if BAC .15% or greater	Up to 60 days / up to 1 year if BAC .15% or greater)	Up to 60 days / up to 1 year if BAC .15% or greater)
Iowa	48 hours to 1 year	7 days to 2 years	30 days to 5 years
Kansas	48 hours to 6 months	5 days to 12 months	90 days to 1 year
Kentucky	48 hours to 30 days	7 days to 6 months	30 days to 12 months
Louisiana	10 days to 6 months	30 days to 6 months	1 to 5 years
Maine	Up to 1 year	7 days to 1 year	30 days to 5 years
Maryland	Up to 1 year	Up to 2 years	Up to 5 years
Massachusetts	Up to 2 ½ years	60 days to 2 ½ years	180 days to 2 ½ years jail or 2 ½ to 5 years prison
Michigan	Up to 93 days	5 days to 1 year	1 to 5 years
Minnesota	Up to 90 days	Minimum 30 days in jail	Minimum 90 days in jail
Mississippi	Up to 48 hours	5 days to 6 months	1 to 5 years
Missouri	Up to 6 months	Up to 1 year	Up to 4 years
Montana	Up to 6 months	Up to 1 year	Up to 1 year
Nebraska	7 to 60 days	30 to 180 days or90 days to 1 year (if BAC .15% or more)	90 days to 1 year or180 days to 3 years (if BAC .15% or more)
Nevada	180-day maximum	180-day maximum	1 to 6 years
New Hampshire	None	17 days to 1 year	180 days to one year
New Jersey	Up to 30 days	48 hours to 90 days	180 days
New Mexico	Up to 90 days	96 hours to 364 days	30 to 364 days
New York	Up to1 year	1 to 4 years	1 to 7 years
North Carolina	24 hours to 60 days (level 5)	48 hours to 120 days (level 4)	72 hours to 6 months (level 3)
North Dakota	Up to 30 days	10 to 30 days	120 to 360 days
Ohio	3 days to 6 months	10 days to 6 months	30 days to 1 year
Oklahoma	10 days to 1 year	1 to 5 years	1 to 10 years
Oregon	48 hours to 1 year	48 hours to 1 year	90 days to 5 years
Pennsylvania	6 months of probation	5 days to 5 years	10 days to 5 years
Rhode Island	Up to 1 year	10 days to 12 months	1 to 5 years
South Carolina	48 hours to 1 year	5 days to 3 years	60 days to 5 years
South Dakota	Up to 1 year	Up to 1 year	Up to 2 years in prison
Tennessee	48 hours to 11 months / 7-day minimum if BAC .20% or more	45 days to 11 months	120 days to 11 months
Texas	72 hours to six months / 12-month maximum if BAC .15% or more)	30 days to 12 months	2 to 10 years
Utah	Maximum 180 days	Maximum 180 days	Maximum 5 years
Vermont	Max 2 years	Max 2 years	Max 5 years
Virginia	Up to 12 months	10 days to 12 months	90 days to 5 years
Washington	1 to 364 days	30 to 364 days	90 to 364 days
West Virginia	Up to 6 months (minimum 48 hours if .15% BAC or greater)	6 months to 1 year	2 to 5 years
Wisconsin	None	5 days to 6 months	45 days to 1 year

 The most common DUI punishment by state for a 1st offense is either up to one year or up to six months. States like Alabama, Arkansas, and Colorado have these typical penalties. Vermont is the only state where your first DUI can get you up to two years in jail. Wisconsin and New Hampshire don’t have any jail time penalties for drunk driving. In Mississippi, first-time offenders get up to 48 hours in prison.

The situation shifts when we focus on driving while intoxicated penalties for second-time offenders. Here, Hawaii and Nevada have the most lenient DUI laws by state. For the former, the maximum jail time stands at 30 days, while in the latter, it’s 180 days. As for strict states, we have New York (up to four years), Pennsylvania (up to five years), and South Carolina (up to three years).

In Idaho, Oklahoma, and Texas, third-time offenders can get up to 10 years in jail. These are also the strictest penalties for drunk driving in the US. Most of the other states have maximum jail time of up to one or five years. Arizona is an exception with its lowest drunk driving penalties in the category. Here, the jail time on the table is 90 days or at least 180 days, depending on the circumstances.

DUI Penalties by State – License Suspension and IID

Besides cash fines for drunk driving and jail time, many states also impose license suspensions and IIDs. The table below will give you the toughest DUI laws by state in this regard.

State	1st Offense License Suspension	2nd Offense License Suspension	3rd Offense License Suspension	1st Offense IID	2nd Offense IID	3rd Offense IID
Alabama	90 days	1-year revocation	3-year revocation	6 months / 2 years if BAC .15% or more, passenger under age 14, injury accident, or BAC test refusal	2 years / 4 years if BAC .15% or more or BAC test refusal	3 years / 6 years if BAC .15 or more or BAC test refusal
Alaska	90 days	1 year	3 years	6 months	12 months	18 months
Arizona	90 days	1 year	1 year	1 year (possible 6-month reduction)	1 year	1 year
Arkansas	6 months	24 months	30 months	Equal to suspension period	Equal to suspension period	Equal to suspension period
California	6 months	2 years	3 years	Up to 6 months or 12-month restricted license	1 year	2 years
Colorado	9 months	1 year	Indefinite period of revocation (possible to remove after 2 years)	8 months	2 to 5 years	2 to 5 years
Connecticut	45 days	45 days	Permanent	1 year	3 years	N/A
D.C.	6 months	1 year	2 years	6 months	1 year	2 years
Delaware	12 to 24 months	18 to 30 months	24 to 36 months	4 to 23 months	16 to 28 months	21 to 33 months
Florida	180 days to 1 year	180 days to 1 year	180 days to 1 year	6 months if aggravated	2 years	2 years
Georgia	12 months	3 years	Permanent (possible to remove after 3 years)	Unlikely	1 year	1 year
Hawaii	1 year	18 months	2 years	1 year	18 months	2 years
Idaho	90 to 210 days or 1 year (BAC .20% or greater)	at least 1 year or 1 to 5 years (BAC .20% or greater)	1 to 5 years	1 year	at least 1 year	at least 1 year
Illinois	1 year	5 years	10 years	unlikely	1 year	1 year
Indiana	180 days	At least 1 year	At least 1 year	Up to 60 days or up to 1 year (BAC .15% or greater)	Up to 60 days or up to 1 year (BAC .15% or greater)	Up to 60 days or up to 1 year (BAC .15% or greater)
Iowa	180 days or 1 year	1 year or 2 years	6 years	Equal to the TRL	1 year (reduced by the TRL period)	1 year (reduced by the TRL period)
Kansas	30 days or 1 year (BAC .15 g/ml or greater)	1 year	1 year	180 days or 1 year (BAC .15 g/ml or greater)	1 year or 2 years (BAC .15 g/ml or greater)	2 years or 3 years (BAC .15 g/ml or greater)
Kentucky	30 to 120 days	12 to 18 months	24 to 36 months	6 months	12 months	30 months
Louisiana	12 months or 2 years (BAC 0.20% or greater)	24 months or 4 years (BAC 0.20% or greater)	36 months	Possible during probation	At least 6 months and during probation	During probation and treatment
Maine	150 days	3 years	6 years	During the probation	2 year	3 years
Maryland	Up to 6 months	Up to 9 months	Up to 12 months	6 months	3 years	3 years
Massachusetts	1 year	2 years	8 years	2 years	2 years	3 years
Michigan	180 days	1 year	5 year	1 year	1 year	1 year
Minnesota	90 days	1 year	3 years	Possible during probation	Possible during probation	Possible during probation plus 2 years after probation
Mississippi	90 days to 1 year	2 years	5 years	Unlikely	At least 6 months	At least 6 months
Missouri	30 days plus 60 days license restriction	5 years	10 years	Possible during restricted license period	At least 6 months	At least 6 months
Montana	6 months	1 year	1 year	Period of probation	Period of probation	Period of probation
Nebraska	6 months or1 year (if BAC .15% or more)	18 months or 18 months to 15 years (if BAC .15% or more)	15 years	Eligible	45 days before eligible	45 days before eligible
Nevada	At least 185 days	1 year	3 years	185 days if BAC is less than .18%, 1 to 3 years if BAC is .18% or more	185 days if BAC is less than .18%, 1 to 3 years if BAC is .18% or more	1 to 3 years
New Hampshire	9 months to 2 years	3 years	Lifetime revocation	12 months to 2 years	12 months to 2 years	12 months to 2 years
New Jersey	3 months / 7 to 12 months if BAC .10% or more or under influence of drugs	2 years	10 years	6 months to 1 year	1 to 3 years	1 to 3 years
New Mexico	1 year	2 years	3 years	1 year	2 years	3 years
New York	6 months	1 year	Permanent (possible to remove after 5 years)	6 months to 1 year	During the revocation period and possibly longer	During the revocation period and possibly longer
North Carolina	1 year	4 years	Permanent	1 year	3 years	7 years
North Dakota	91 to 180	365 days to 2 years	2 to 3 years	Possible	Possible	Possible
Ohio	1 to 3 years	1 to 7 years	2 to 12 years	15 days	45 days	180 days
Oklahoma	180 days	1 year	3 years	18 months if refused test or BAC of .15% or more	4 years	5 years
Oregon	1 year	3 years	Permanent (possible to restore license after 10 years)	1 year	2 years	2 to 5 years
Pennsylvania	None to 12 months	12 to 18 months	12 to 18 months	Unlikely	1 year	1 year
Rhode Island	30 to18 months	1 to 2 years	2 to 3 years	3 months to 1 year	6 months to 2 year	1 to 4 years
South Carolina	6 months	2 years	3 years	Period of probation	Period of probation	Period of probation
South Dakota	30 days up to 1 year	At least 1 year	At least 1 year	Unlikely	Unlikely	Unlikely
Tennessee	1 year	2 years	6 years	Possible	Possible	Possible
Texas	90 days to 12 months	180 days to 2 years	180 days to 2 years	Only as a condition	1 year	1 year
Utah	120 days	Revoked for 2 years	Revoked for 2 years	1 year mandatory with BAC of .16% or more	2 years	2 years
Vermont	90 days	18 months	Lifetime	6 months	18 months	3 years
Virginia	1 year	3 years	Indefinitely	At least 6 months, as a condition	At least 6 months	At least 6 months
Washington	at least 90 days	2 years	3 years	At least 1 year	At least 5 years	At least 10 years
West Virginia	6 months	10-year revocation	Lifetime revocation	120 to 270 days	120 to 270 days	120 to 270 days
Wisconsin	6 to 9 months	12 to 18 months	2 to 3 years	At least 1 year	At least 1 year	At least 1 year

The typical drinking and driving penalties for 1st, 2nd, and 3rd DUIs are one year, three years, and five years. The jurisdictions with the harshest DUI punishments by state impose permanent license restrictions. Such states are Colorado, Connecticut, Georgia, New Hampshire, New York, North Carolina, Oregon, Vermont, Virginia, and West Virginia. In some of them, it’s possible to get your license back after a specific number of years has passed.

As for the IID punishment for DUI, it’s an option in some states and unlikely in others. The IDD, typically, is required as long as the license restriction applies. The most common duration of this type of penalty for drunk driving, however, lasts between one and three years.

Frequently Asked Questions

Does DUI carry from state to state?

Not necessarily, but very likely. DUI arrests don’t go on your record, but DUI convictions do. So, if you’re facing a judge in another state, they will treat you as a previous offender. It doesn’t matter whether the prior offense happened within their jurisdiction.

Also, in case your license is suspended, the DMV will add your details in the National Driver Register database. Before issuing a permit, state authorities always check this list. So regardless of the different DUI penalties by state, they won’t issue you a new driver’s license if your old one has been revoked in another state.

There are some exceptions where your DUIs affect your possibilities in one state only. However, a past offense is likely to have consequences everywhere you go.

What is the typical punishment for a DUI?

The answer depends on several factors. First, is this your first DUI or not? Second, where did you make the offense? Finally, what are the circumstances and consequences of your actions? 

Typically, your first DUI will result in a cash penalty, alcohol treatment, and license restriction and/or suspension. Less than 10% of first-time offenders serve jail time.

Does DUI affect credit score?

Not directly. While not among the factors that impact your credit score, DUI convictions usually result in penalties, fees, and higher insurance premiums. All these can lead to amassing debt, maxing your credit card, or taking out a loan. Each of these will negatively impact your credit history.

How much does your car insurance go up after a DUI?

Depending on your state, your car insurance can increase between 80% and 370% after a DUI conviction. Insurance providers have the right to cancel your current coverage and then boost the prices for a new deal. 

If you are a repeating offender, you can expect a significant increase in your car insurance premium. It usually takes about 10 years before your auto insurance price goes down.

Does a DUI affect buying a car?

To buy a car, in most US states, you need proof of identification, place of residence, and car insurance. While a DUI can revoke your driver’s license, you can use your passport as a valid identification document. So, you can technically purchase a car with a DUI on your record. 

While the drunk driving penalties by state don’t include restrictions on buying cars, there is the issue of mandatory car insurance. Providers will check your records and offer expensive rates when they see the DUI. Meaning, buying a vehicle with a DUI offense on your record is more of a money issue than anything else. Also, you can’t drive the car if your license is suspended.

The Bottom Line

Every US state has its driving while intoxicated laws and penalties. In the states with strictest DUI laws, multiple offenses can result in you losing your license and hefty fines. If you ever find yourself in such a situation, therefore, it’s essential to know the DUI penalties by state. That way, you’ll know what to expect and prepare for the possible consequences accordingly.