DUI Laws by State

Learn about the drunk driving laws in all 50 states.

The consequences of a first-offense DUI (driving under the influence) vary by state. (Some states use the term “DWI” (driving while intoxicated) or “OUI” (operating under the influence) instead of DUI.)  Common penalties include jail time, community service, fines, license suspension, and having to install an ignition interlock device (IID) in your vehicle. The minimum penalties for a first-offense DUI are often increased if you had a high blood alcohol concentration (BAC) (usually .15% or more) or were involved in an accident where someone was injured. Here are some of the penalties for a first DUI listed out by state:

State Minimum Jail Fines & Fees Minimum License Suspension Ignition Interlock Device Required
Alabama None $600 to $2,100 90 Days No
Alaska Min. 72 hours $1,500 Min. 90 days Yes
Arizona Min. 24 hours $250 base fine 90 to 360 days Yes
Arkansas 24 hours to 1 year $150 to $1,000 6 months Yes
California 4 days to 6 months $1,400 to $2,600 30 days to 10 months Yes, in some counties
Colorado Up to 1 year (DUI), or up to 180 days (DWAI) Up to $1,000 (DUI), or up to $500 (DWAI) 9 months (DUI), none for DWAI No
Connecticut 2 days up to 6 months $500 to $1,000 1 year No
Delaware Max. 6 months $500 to $1,1500 1 to 2 years No
D.C. Max 90 days $300 to $1,100 6 months No
Florida 6 to 9 months $500 to $2,000 180 days to 1 year Yes
Georgia 24 hours to 1 year $300 to $1,000 Up to 1 year No
Hawaii None $150 to $1,000 90 days No
Idaho Up to 6 months Up to $1,000 90 to 180 days No
Illinois Up to 1 year Up to $2,500 Min. 1 year Yes
Indiana 60 days to 1 year $500 to $5,000 Up to 2 years No
Iowa 48 hours up to 1 year $625 to $1,200 180 days Yes, if BAC above .10
Kansas 48 hour min. $750 to $1,000 30 days Yes
Kentucky None $600 to $2,100 90 days No
Louisiana 2 days to 6 months $1,000 90 days Possible
Maine 30 days $500 90 days No
Maryland Up to 1 year (DUI); up to 2 months (DWI) Up to $1,000 (DUI); up to $500 (DWI) Min 6 months (DUI & DWI) No
Massachusetts Up to 30 months $500 to $5,000 1 year No
Michigan Up to 93 days From $100 to $500 Up to 6 months Possible
Minnesota Up to 90 days $1,000 Up to 90 days Yes
Mississippi Up to 48 hours $250 to $1,000 90 days No
Missouri Up to 6 months Up to $500 30 days Possible
Montana 2 days to 6 months $300 to $1,000 6 months Possible
Nebraska 7 to 60 days Up to $500 Up to 60 days No
Nevada 2 days to 6 months $400 to $1,000 90 days Possible
New Hampshire None $500 to $1,200 6 months No
New Jersey Up to 30 days $250 to $500 3 months to 1 year Possible
New Mexico Up to 90 days Up to $500 Up to 1 year Yes
New York None $500 to $1,000 6 months Yes
North Carolina 24 hours (for level 5 offender) (however, if 3 aggravated factors are present -- Level 1A --  minimum of 12 months) $200 (for level 5 offendor) 60 days to 1 year No
North Dakota None $500 to $750 91 to 180 days No
Ohio 3 days to 6 months $250 to $1,000 6 months to 3 years No
Oklahoma 5 days to 1 year Up to $1,000 30 days No
Oregon 2 days or 80 hours community services $1,000 to $6,250 1 year Yes
Pennsylvania None $300 No Yes, if refusal to take chemical test
Rhode Island Up to 1 year $100 to $500 2 to 18 months No
South Carolina 48 hours to 90 days $400 to $1,000 6 months No
South Dakota Up to 1 year $1,000 30 days to 1 year No
Tennessee 48 hours up to 11 months $350 to $1,500 1 year Yes
Texas 3 to 180 days Up to $2,000 90 to 365 days No
Utah 48 hours min. $700 min. 120 days No
Vermont Up to 2 years Up to $750 90 days No
Virginia Min. 5 days Min. $250 1 year Yes (if BAC .15 or above)
Washington 24 hours to 1 year $865.50 to $5,000 90 days to 1 year Yes
West Virginia Up to 6 months $100 to $1,000 15 to 45 days Possible
Wisconsin None $150 to $300 6 to 9 months No
Wyoming Up to 6 months Up to $750 90 days Yes - if BAC .15 or above
FEATURED LISTINGS FROM NOLO
Swipe to view more

Talk to a Lawyer

Want to talk to an attorney? Start here.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Connect with local attorneys
NOLODRUPAL-web3:DRU1.6.12.2.20161011.41205