DUI Laws by State

Learn about the drunk driving laws in all 50 states.

By , Attorney · George Mason University Law School

The consequences of a first-offense DUI (driving under the influence) vary by state. (Some states use other terms like "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 in each state. These penalties are for standard DUIs (without an elevated BAC or other aggravated factors). If a motorist had a high BAC, was in an accident, or had a minor in the car, these penalties likely will be higher. An IID might not be required for a first offense in your state, but it often is required to obtain a restricted license during the license suspension period:

State Minimum Jail Fines & Fees Minimum License Suspension Ignition Interlock Device Required
Alabama Up to 1 year $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 days Yes
Arkansas 24 hours to 1 year $150 to $1,000 6 months Yes
California 4 days to 6 months $390 to $1,000 6 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 45 days Yes
Delaware Max. 6 months $500 to $1,500 1 to 2 years Yes
D.C. Max 180 days $1,000 6 months Yes
Florida Max 6 months $500 to $1,000 180 days to 1 year No
Georgia 24 hours to 1 year $300 to $1,000 Up to 1 year No
Hawaii 48 hours to 5 days $250 to $1,000 1 year to 18 months Yes
Idaho Up to 6 months Up to $1,000 90 to 180 days Yes
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 $1,250 180 days Yes, to obtain a temporary restricted license
Kansas 48 hours $750 to $1,000 30 days Yes
Kentucky 48 hours $200 to $500 6 months No
Louisiana 10 days to 6 months $300 to $1,000 12 months No
Maine Up to 1 year $500 150 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) Yes
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 No
Minnesota 48 hours $1,000 30 to 90 days No
Mississippi Up to 48 hours $250 to $1,000 120 days No
Missouri Up to 6 months Up to $1,000 30 days No
Montana 2 days to 6 months $600 to $1,000 6 months No
Nebraska 7 to 60 days Up to $500 Up to 6 months No
Nevada 2 days to 6 months $400 to $1,000 185 days Yes
New Hampshire None $500 to $1,200 9 months No
New Jersey Up to 30 days $250 to $400 3 months Yes
New Mexico Up to 90 days Up to $500 Up to 1 year Yes
New York Up to 1 year $500 to $1,000 6 months Yes
North Carolina 24 hours (for level 5 offenders) $200 (for level 5 offenders) 60 days to 1 year No
North Dakota Up to 30 days $500 91 to 180 days No
Ohio 3 days to 6 months $375 to $1,075 1 to 3 years No
Oklahoma 10 days to 1 year Up to $1,000 30 days No
Oregon 2 days or 80 hours community service $1,000 1 year Yes
Pennsylvania None, unless BAC is above 0.10 $300 No, unless BAC is above 0.10 Yes, if refusal to take a chemical test
Rhode Island Up to 1 year $100 1 to 6 months No
South Carolina 48 hours $400 6 months Yes
South Dakota Up to 1 year $2,000 30 days to 1 year No
Tennessee 48 hours $350 to $1,500 1 year Yes, to obtain a restricted license during the suspension period
Texas 3 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 Up to 1 year No
Washington 24 hours to 1 year $350 90 days to 1 year Yes
West Virginia Up to 6 months $100 min. 6 months No
Wisconsin None $150 to $300 6 to 9 months No
Wyoming Up to 6 months Up to $750 90 days No
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