DUI Penalties by State 2026: Fines, Jail, License, Interlock

DUI Penalties by State: First and Second Offense Checker

Choose a state and whether it is a first offense or a second offense inside that state's look-back period. The checker shows the fine, the jail term, the license suspension or revocation, the ignition interlock rule and the look-back period, each in the words of the state statute, with a link to the section.

Heavier tiers, such as a very high blood alcohol level, a child in the car or a crash that injures someone, carry larger penalties. They are named as not covered for each state instead of being estimated.

DUI penalties in all 50 states and DC: first offense

Values are short statute wording for the base first offense. Tap a state name to open it in the checker, including its second offense rules. "Not verified" means no official source could be confirmed for that cell.

State	Per se BAC	First offense fine	First offense jail	License suspension	Ignition interlock	Look-back period	Statute
Alabama	0.08	$600 to $2,100	Up to 1 year (fine, jail or both)	Suspended 90 days	Optional: the 90 day suspension is stayed if the offender elects to use an IID for 90 days	10 years	Code of Ala. 32-5A-191
Alaska	0.08	At least $1,500 (a class A misdemeanor fine can be up to $25,000)	At least 72 consecutive hours, served at a community residential center or by electronic monitoring at home where available (class A misdemeanor maximum: 1 year)	Revoked for at least 90 days	Required for at least 6 months after the person regains the privilege to drive	15 years	AS 28.35.030
Arizona	0.08	At least $250, plus two additional assessments of $500 each	At least 10 consecutive days; the judge may suspend all but 1 day if the person completes court ordered screening, education or treatment	Administrative suspension of at least 90 consecutive days after the arrest	Required for 12 months after the conviction (the department may end it after 6 months if the person completes the alcohol education requirements)	84 months	A.R.S. 28-1381
Arkansas	0.08	$150 to $1,000	24 hours to 1 year; the court may order public service instead	Suspended 6 months (administrative, by the Office of Driver Services)	Required for a period equal to the license suspension before reinstatement; an IID restricted license is available immediately	10 years for the jail term; 5 years for the fine and the license suspension	Ark. Code Ann. 5-65-103, 5-65-111, 5-65-112 (Justia copy)
California	0.08	$390 to $1,000	96 hours to 6 months in county jail, at least 48 hours of it continuous	Suspended 6 months	Court may order an IID for up to 6 months from the conviction; otherwise the person may apply for a restricted license	10 years	Cal. Vehicle Code 23152, 23536, 23540
Colorado	0.08	$600 to $1,000; the court may suspend the fine	5 days to 1 year; the court may suspend the 5 day minimum if the offender completes an alcohol and drug evaluation and program; plus 48 to 96 hours of public service	Revoked 9 months	Optional: a driver 21 or older may get early reinstatement at any time with an interlock-restricted license for the rest of the 9 month revocation	Any prior conviction at the time of sentencing (the statute states no period)	C.R.S. 42-4-1301, 42-4-1307
Connecticut	0.08	$500 to $1,000	Up to 6 months with 48 consecutive hours mandatory, or up to 6 months fully suspended with probation that requires 100 hours of community service	Suspended 45 days	Required for 1 year after the license is restored	10 years	Conn. Gen. Stat. 14-227a
Delaware	0.08	$500 to $1,500 (fine, jail or both)	Up to 12 months; any jail term may be suspended	Revoked 12 months	IID license available after 30 days of the revocation; reinstatement through the IID program needs at least 12 months with the IID (BAC below .15)	10 years	21 Del. C. 4177
District of Columbia	0.08	$1,000 (fine, jail or both)	Up to 180 days (fine, jail or both)	Revoked 6 months (DC license holders)	Mandatory enrollment in the DMV IID program for the revocation period (6 months) for DC license holders cited after 12/19/2022	15 years, counted from the end of the prior sentence (incarceration, supervised release, parole or probation) to the new arrest	D.C. Code 50-2206.11, 50-2206.13
Florida	0.08	$500 to $1,000	Up to 6 months; the court must also order up to 1 year of probation with at least 50 hours of community service	Revoked 180 days to 1 year	Court may order an IID for at least 6 continuous months	5 years (for the mandatory jail term and the 5 year revocation)	Fla. Stat. 316.193
Georgia	0.08	$300 to $1,000; the fine cannot be suspended, stayed or probated except as subsection (g) allows	10 days to 12 months; the judge may suspend, stay or probate it, but when the BAC was 0.08 or more at least 24 hours must be served; plus at least 40 hours of community service	Suspended 12 months (first conviction in 5 years); the driver may apply for reinstatement after 120 days with proof of a DUI risk reduction program	Not verified	10 years, measured from the prior arrest to the current arrest (the license suspension uses 5 years)	O.C.G.A. 40-6-391 (Justia copy)
Hawaii	0.08	$250 to $1,000 as one of the sentencing options (the court imposes one or more of: this fine, 72 hours of community service, or 48 hours to 5 days in jail), plus a $25 surcharge	48 hours to 5 days, as one of the sentencing options; no probation or suspended sentence	Revoked 1 year to 18 months	Required on all vehicles the person operates during the revocation period	10 years	HRS 291E-61
Idaho	0.08	Up to $1,000	Up to 6 months	Suspended 30 days with no driving at all, then at least 60 and up to 150 more days during which the court may allow restricted driving	Required within 10 days after the absolute suspension ends, until 1 year after the suspension period ends (unless an exception is granted)	10 years	Idaho Code 18-8004, 18-8005
Illinois	0.08	Up to $2,500 (Class A misdemeanor)	Less than 1 year (Class A misdemeanor)	Not verified	Not verified	20 years for the 5 year license rule; the second offense minimum jail rule states no period	625 ILCS 5/11-501
Indiana	0.08	Up to $500 (Class C misdemeanor)	Up to 60 days (Class C misdemeanor)	Administrative suspension of 180 days after a failed chemical test; the court may also suspend the license after a conviction	The court may require an ignition interlock device	Not verified	Ind. Code 9-30-5-1 (Justia copy)
Iowa	0.08	$1,250; the court may waive up to $625 if no one was hurt and the person holds a temporary restricted license	48 hours to 1 year	Revoked 180 days to 1 year	Required on all vehicles the person drives if the person seeks a temporary restricted license	12 years (older convictions are deleted from driving records and not counted)	Iowa Code 321J.2
Kansas	0.08	$750 to $1,000	48 consecutive hours to 6 months, or 100 hours of public service at the court's discretion	Suspended 30 days, then restricted to interlock-equipped vehicles	Required for 180 days after the suspension (1 year for people with certain earlier violations or license actions)	Convictions and diversions on or after July 1, 2001 count (no rolling period)	K.S.A. 8-1567
Kentucky	0.08	$200 to $500 (fine, jail or both)	48 hours to 30 days (fine, jail or both); the judge may allow 48 hours to 30 days of community labor instead	Suspended 6 months, or 4 months for a person with an ignition interlock license who meets the 90 consecutive day requirement	An ignition interlock license is the only license available during the suspension; it can shorten the suspension (see license)	10 years	KRS 189A.010
Louisiana	0.08	$300 to $1,000	10 days to 6 months; the sentence may be suspended on probation if the offender serves 48 hours in jail or does 32 hours of community service, and completes substance abuse and driver improvement programs	Suspended 12 months on conviction; a restricted license is available once the vehicle has an ignition interlock device	As a probation condition, no driving for at least 6 months unless the vehicle has an ignition interlock device	10 years (time spent awaiting trial, on probation or parole, or in prison is not counted)	La. R.S. 14:98, 14:98.1 and 14:98.2
Maine	0.08	At least $500 (up to $2,000 for a Class D crime)	No minimum jail for the base offense; up to less than 1 year (Class D crime). A 48 hour minimum applies with aggravating facts such as BAC 0.15 or more	Court-ordered suspension of 150 days	Optional: the license may be reinstated after 30 days of the suspension if an ignition interlock device is installed for the rest of it	10 years	29-A M.R.S. 2411
Maryland	0.08	Up to $1,200	Up to 1 year	Revoked by the MVA (12 points); after a first revocation the MVA may reinstate after 6 months	Required: ignition interlock program for 6 months	5 years (for the mandatory minimum jail term)	Md. Code, Transp. 21-902
Massachusetts	0.08	$500 to $5,000, plus a $250 assessment	Up to 2 1/2 years	Revoked; not restored until 1 year after conviction (hardship license hearing possible after 3 months). A first offender placed on a 24D disposition instead gets a 45 to 90 day suspension	Not verified	No time limit stated: any earlier conviction or alcohol program assignment for a like violation counts	M.G.L. c. 90, 24(1)(a)(1)
Michigan	0.08	$100 to $500	Up to 93 days; the court imposes 1 or more of jail, a fine or up to 360 hours of community service	Suspended 180 days; a restricted license is possible after the first 30 days	Court may order an ignition interlock device as a condition of probation	7 years	MCL 257.625
Minnesota	0.08	Up to $1,000	Up to 90 days	Revoked for at least 30 days	Optional: during the revocation the person may apply for a license restricted to vehicles with an ignition interlock device	10 years	Minn. Stat. 169A.20 and 169A.27
Mississippi	0.08	$250 to $1,000	Up to 48 hours; the court may substitute a victim impact panel for the jail time	Suspended 120 days after conviction, unless the person drives on an interlock-restricted license	Optional: a person who installs an ignition interlock device may drive on an interlock-restricted license instead of serving the suspension	5 years	Miss. Code Ann. 63-11-30
Missouri	0.08	Up to $1,000	Up to 6 months; a suspended imposition of sentence requires at least 2 years of probation	8 points: suspended 30 days, then 60 days of restricted driving privilege	Optional: with a certified ignition interlock device there is no suspension, only a 90 day restricted driving privilege	5 years	RSMo 577.010
Montana	0.08	$600 to $1,000	24 consecutive hours to 6 months (for the 0.08 per se violation: up to 6 months, no minimum); the minimum may not be served under home arrest	Suspended 6 months	Court may require an ignition interlock device or 24/7 sobriety monitoring as a condition of a probationary license	10 years	MCA 61-8-1002 and 61-8-1007
Nebraska	0.08	$500	7 to 60 days (7 days is the mandatory minimum), unless the court grants probation or suspends the sentence	Revoked 6 months (60 days if the court grants probation or suspends the sentence)	Required: the person must get an ignition interlock permit and have a device installed during the revocation	15 years	Neb. Rev. Stat. 60-6,196 and 60-6,197.03
Nevada	0.08	$400 to $1,000	2 days to 6 months in jail or residential confinement, or 48 to 96 hours of community service	Revoked at least 185 days (the judge may count time already served under the administrative revocation)	Required for 185 days as a condition of the interlock privilege that reinstates driving	7 years	NRS 484C.110 and 484C.400
New Hampshire	0.08	At least $500, up to $1,200 (Class B misdemeanor)	No jail: a Class B misdemeanor sentence may not include incarceration	Revoked 9 months to 2 years; the court may suspend up to 6 months of it if the person completes the screening, evaluation, service plan and impaired driver education program	Court may require an ignition interlock device during any reduction of the revocation	10 years	RSA 265-A:2 and 265-A:18
New Jersey	0.08	$250 to $400, plus fees and a $1,000 yearly surcharge for 3 years	Up to 30 days at the court's discretion, plus 12 to 48 hours at an Intoxicated Driver Resource Center	Forfeited until an ignition interlock device is installed	Required for 3 months	10 years	N.J.S.A. 39:4-50
New Mexico	0.08	Up to $500; the court may add a $300 fine	Up to 90 days; at least 24 hours of community service is required	Revoked 1 year (an ignition interlock license may be available)	Required for 1 year	No time limit stated: anyone previously adjudicated guilty of DWI is a subsequent offender	NMSA 1978, 66-8-102
New York	0.08	$500 to $1,000	Up to 1 year	Revoked for at least 6 months	Required as a condition of probation or conditional discharge, for at least 12 months (it can end after 6 months with proof of installation)	10 years	N.Y. Veh. and Traf. Law 1192 and 1193
North Carolina	0.08	Up to $500 at Level Four (no factors, or balanced factors); up to $200 at Level Five (mitigating factors substantially outweigh aggravating ones)	48 hours to 120 days at Level Four, or 24 hours to 60 days at Level Five; the term may be suspended if the defendant serves 48 hours (Level Four) or 24 hours (Level Five) in jail or does that many hours of community service	Revoked 1 year	Not verified	7 years (a prior conviction within 7 years is a grossly aggravating factor)	N.C.G.S. 20-138.1 and 20-179
North Dakota	0.08	At least $500, up to $1,500	No minimum for the base offense; up to 30 days (Class B misdemeanor). At least 2 days applies to an aggravated first offense (BAC 0.16 or more)	Administrative suspension of 91 days (BAC 0.08 to under 0.18)	Not verified	7 years	N.D.C.C. 39-08-01
Ohio	0.08	$565 to $1,075	Mandatory 3 consecutive days (72 hours), or a 3 day drivers intervention program instead; total jail up to 6 months	Suspended for 1 to 3 years (the court may grant limited driving privileges)	Court may grant unlimited driving privileges with an ignition interlock device during the suspension	10 years	Ohio Rev. Code 4511.19
Oklahoma	0.08	Up to $1,000	10 days to 1 year, plus an alcohol assessment and its recommendations	Revoked for at least 180 days and until the person completes the Impaired Driver Accountability Program	Required through the Impaired Driver Accountability Program for the revocation period (at least 180 days)	10 years after the prior sentence or deferred judgment was completed	47 O.S. 11-902
Oregon	0.08	At least $1,000, up to $6,250 (Class A misdemeanor maximum)	At least 48 hours in jail or community service set by the court (cannot be suspended); up to 364 days	Suspended 1 year	Required for 1 year after the suspension ends, and during any hardship permit	5 years (for the longer license suspension)	ORS 813.010
Pennsylvania	0.08	$300	No mandatory jail: a mandatory minimum of 6 months of probation, alcohol highway safety school and any required treatment; up to 6 months in jail is allowed	No suspension for a first offense under the general impairment penalties	Not required for a first offense under the general impairment penalties	10 years	75 Pa.C.S. 3804
Rhode Island	0.08	$100 to $300	Up to 1 year, and/or 10 to 60 hours of public community restitution	Suspended 30 to 180 days	The judge may require an ignition interlock (and/or blood and urine testing) as a condition of driving	10 years	R.I. Gen. Laws 31-27-2
South Carolina	0.08	$400, which the statute sets as an alternative to jail	48 hours to 30 days, or the $400 fine instead; the court may allow 48 hours of public service in place of the minimum jail	Suspended until the person enrolls in the ignition interlock program and gets an interlock restricted license	Required for 6 months on an interlock restricted license	10 years	S.C. Code 56-5-2930
South Dakota	0.08	Up to $2,000 (Class 1 misdemeanor)	Up to 1 year in county jail (Class 1 misdemeanor)	Revoked for at least 30 days; the court may extend the revocation or restrict the license for up to 1 year more	Not verified	10 years	SDCL 32-23-1 to 32-23-3
Tennessee	0.08	$350 to $1,500	48 consecutive hours to 11 months 29 days	Prohibited from driving for 1 year; the person may apply for a restricted license	Court may order one for up to 1 year after reinstatement; a first offender may also ask for one in place of limits on a restricted license	10 years	Tenn. Code Ann. 55-10-401 and 55-10-402 (Justia copy)
Texas	0.08	Up to $2,000	72 hours to 180 days	Suspended 90 days to 1 year, as set by the court	Court may require one as a condition of community supervision; required if BAC was 0.15 or more	No time limit stated: one earlier DWI conviction of any age makes the offense a Class A misdemeanor	Tex. Penal Code 49.04 and 49.09
Utah	0.05	At least $700, up to $1,000 (Class B misdemeanor maximum)	At least 2 days, or at least 48 hours of compensatory service work; up to 6 months (Class B misdemeanor)	Suspended 120 days (or 120 days as an interlock restricted driver instead)	Required during probation unless the court states on the record that it is not necessary	10 years	Utah Code 41-6a-502 and 41-6a-505
Vermont	0.08	Up to $750 (fine, jail or both)	Up to 2 years (fine, jail or both)	Suspended 90 days and until the reinstatement conditions of section 1209a are met	Optional: an eligible person may drive during the suspension with an ignition interlock RDL or certificate	20 years	23 V.S.A. 1201, 1210
Virginia	0.08	At least $250 (mandatory minimum), up to $2,500 (Class 1 misdemeanor)	Up to 12 months (Class 1 misdemeanor); mandatory jail applies only at 0.15 or more (not covered)	Loses the privilege to drive for 1 year from the judgment (a restricted license may be granted)	Required for any restricted license, for at least 12 consecutive months without interlock violations	10 years (with a stricter tier for a prior within 5 years)	Va. Code 18.2-270
Washington	0.08	$350 to $5,000 ($350 cannot be suspended unless the court finds the person indigent)	24 consecutive hours to 364 days; instead of the minimum the court may order at least 15 days of electronic home monitoring or a 90-day 24/7 sobriety program	Suspended 90 days, or until evaluation and enrollment in a 90-day 24/7 sobriety program (never fewer than 2 days)	Required after the license loss, for at least 1 year for a person not restricted before	7 years	RCW 46.61.5055
West Virginia	0.08	$100 to $500	Up to 6 months	Revoked 6 months, or for a period tied to the Test and Lock (IID) program	Optional Test and Lock program: after at least 15 days of revocation, an IID for at least 125 days (BAC under 0.15)	10 years before the date of arrest	W. Va. Code 17C-5-2
Wisconsin	0.08	Forfeiture of $150 to $300	The statute sets a forfeiture only; no jail term is listed for a first offense	Revoked 6 to 9 months; an occupational license is available at any time	Court must order an IID only if the person refused a test or had a BAC of 0.15 or more	10 years	Wis. Stat. 346.63, 346.65
Wyoming	0.08	Up to $750	Up to 6 months	Suspended 90 days	Required for 6 months only when the alcohol concentration was 0.15 or more (that tier is not covered here)	10 years	W.S. 31-5-233

Hurt by a drunk driver? The criminal penalties above are separate from a civil injury claim. You can estimate your claim below or read what to do after a drunk driving accident.

DUI penalty questions

What is the legal blood alcohol limit for driving in each state?

Utah sets its per se limit at 0.05. The other 49 states and the District of Columbia set 0.08 for adult drivers. This page covers adult drivers of ordinary vehicles, not commercial drivers or drivers under 21.

What is a DUI look-back period?

It is the window in which an earlier conviction makes a new DUI count as a second offense for sentencing. The length depends on the state: Arizona uses 84 months, Washington 7 years, Ohio 10 years and Alaska 15 years. Kansas instead counts convictions and diversions on or after July 1, 2001.

Does a first DUI mean jail time?

It depends on the statute. Some set a mandatory minimum, such as at least 10 consecutive days in Arizona, where the judge may suspend all but 1 day after treatment, or 3 consecutive days in Ohio. Others set only a maximum, such as up to 6 months in Wyoming. Under its general impairment tier, Pennsylvania sets a mandatory minimum of 6 months of probation and no mandatory jail.

Is an ignition interlock required after a first DUI?

It depends on the state. Arizona requires one for 12 months, Virginia requires one for any restricted license for at least 12 consecutive months, and Kansas limits driving to interlock equipped vehicles for 180 days after the suspension. Pennsylvania does not require one for a first offense under its general impairment tier, and Wyoming requires one for a first offense only at 0.15 or more.

Why do some cells say Not verified?

Each value on this page had to match a quote from an official source: the state legislature's code or the state agency that runs the program. When no official page could be reached, or the page did not state the rule, the cell says Not verified instead of guessing. The statute link for that state is still listed so you can check it yourself.

Which DUI penalties are not covered here?

Aggravated tiers such as a high blood alcohol level, a child passenger, injury or death, refusal of a chemical test, and third or later offenses are outside this page. Each state result lists the tiers its statute adds, so you can see what applies beyond the base offense.

Know what your drunk driving crash claim is worth before you answer

When a drunk driver causes your injuries, the legal landscape expands beyond a standard car accident claim. You may recover compensatory damages for medical bills and lost income, but many jurisdictions also recognize punitive damages, a separate category intended to punish the driver's reckless choice to operate a vehicle while impaired. Dram shop laws may add another liable party entirely. The estimator on this page factors in these additional avenues of recovery.

How this works

Three steps, no phone number required

Most people arrive here after an insurance adjuster has already named a figure. The point of this page is simple: give you an independent second number, and the reasoning behind it, before you answer.

Step 01

Gather what you can document

Medical bills and expected future care, wages you actually lost, repair or total-loss figures, and the out-of-pocket costs people usually forget, travel to appointments, braces and devices, paid help at home.

Step 02

Run the estimator

It applies the multiplier method adjusters commonly use to non-economic damages, then adjusts for your state's comparative-fault rule and the policy limit that actually caps most claims.

Step 03

Take the range to a licensed attorney

The output is a discussion range, never a valuation. Bring it to a lawyer licensed in your state, most personal-injury consultations are free and fees are contingent, and let them price the parts a calculator cannot see.

By situation

Guides for your situation

Fault rules, insurance layers and typical evidence differ sharply between these. Start with the one that matches your facts.

Drunk Driving Victim Claim Process

How civil and criminal tracks run together and what you control.

Drunk Driving Victim Settlement Timeline

Phase-by-phase timeline and why DUI cases often move differently.

What to Do After a Drunk Driving Accident

Immediate actions to protect your health and your legal options.

Drunk Driving Victim Insurance Tactics

Insurer playbooks in DUI claims and how to handle each one.

By state

State rules that change what a claim is worth

Comparative fault, filing deadlines, damage caps, minimum liability limits and no-fault requirements are all set state by state. Pick yours.

Legal notice

DrunkDrivingAccidentLawyer.us is an informational website, not a law firm. It is operated by Mustafa Bilgic, an individual who is not a licensed attorney. Nothing here is legal advice, nothing creates an attorney-client relationship, and no calculator output is a valuation or an offer.

We do not take cases, review documents, contact insurers or refer you to a particular lawyer. Deadlines and fault rules vary by state and a missed deadline can end a valid claim permanently, consult a licensed attorney in your state before you accept, reject or file anything. Your state bar's referral service and the American Bar Association's Find Legal Help directory are independent starting points.

Questions

Questions people ask before they answer the adjuster

Do I need the drunk driver to be convicted before I can file a civil claim?

No. Civil and criminal cases are separate proceedings with different standards of proof. You can file your injury claim regardless of whether the driver is charged, convicted, or acquitted. A conviction can help your case, but it is not a prerequisite.

What are punitive damages in a drunk driving accident case?

Punitive damages are a financial penalty imposed on top of compensatory damages. They are designed to punish especially reckless conduct, like choosing to drive while intoxicated, and to discourage similar behavior. Not every jurisdiction awards them in every DUI case, so the rules of your state matter.

Can I sue the bar that served the drunk driver?

Possibly. Dram shop laws in many states allow injury victims to hold licensed establishments liable when they serve alcohol to someone who is visibly intoxicated and that person then causes a crash. The strength of this claim depends on your state's specific statute and the available evidence of over-service.

What if the drunk driver's insurance denies the claim?

Some auto policies exclude coverage for criminal or intentional acts. If the at-fault driver's insurer denies the claim on that basis, your own uninsured motorist coverage may step in. An attorney can review both policies to identify the best available recovery path.

Are drunk driving accident settlements larger than typical car accident settlements?

They can be, primarily because punitive damages and dram shop claims add layers of potential recovery that do not exist in ordinary negligence cases. Reported outcomes vary widely based on injury severity, available insurance, and jurisdiction. The estimator on this page can help you understand how these additional factors apply to your situation.

Published and maintained by

Mustafa Bilgic: independent operator, DrunkDrivingAccidentLawyer.us

Not an attorney and not affiliated with any law firm. Pages here summarise publicly available law, federal agency data and documented insurance practice, with sources listed on each page.

Sources used across this site: state comparative-fault statutes · Insurance Information Institute · Bureau of Labor Statistics · IRS Pub. 4345 · NHTSA
Last reviewed 2026-08-25.