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 or

90 days to 1 year (if BAC .15% or more)

90 days to 1 year or

180 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 or

1 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.

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