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.