DUI Penalties by State

DUI-related criminal and administrative penalties by state:

State Administrative License
(1st - 2nd - 3rd Offense)
Mandatory Alcohol
Education and Treatment/
Vehicle Confiscation
Ignition Interlock
Device Possible?
AK 90d - 1yr - 3yrs Education 2nd offense Yes
AL 90d - 1yr - 3yrs Both No No
AR 120d - 16m - 30m Both 4th offense Yes
AZ 90d - 90d - 90d Both 3rd offense 2nd offense
CA 4m - 1yr - 1yr Education (under 21) 3rd offense Yes
CO 1yr - 1yr - 1yr Both No Yes
CT 90d - 9m - 2yrs Both No 2nd offense
DC 6m - 1yr - 2yrs No No Yes
DE 3m - 1yr - 18m Both No Yes
FL 6m - 1yr - 2yrs Both No Yes
GA 120d - 18m - 2yrs Both 4th offense 2nd offense
HI 3m - 1yr - 2yrs Both No No
IA 180d - 1yr - 1yr Education No Yes
ID 90d - 1yr - 1yr No No Yes
IL 90d - 1yr - varied Treatment/Assessment 3rd offense 2nd offense
IN 180d - 180d - 180d No No Yes
KS 30d - 1yr - 1yr Both No 2nd offense
KY 30d - 1yr - 2yrs Treatment/Assessment Yes Yes
LA 90d - 1yr - 1yr No 3rd offense 2nd offense
MA 90d - 90d - 90d Education No No
MD 45d - 90d - 90d No No Yes
ME 90d - 18m - 4yrs Both No Yes
MI 30d - 1yr - 5yrs Both 2nd offense 2nd offense
MN 90d - 180d - 1yr Treatment/Assessment
for 3rd offense
3rd offense No
MO 30d - 1yr - 1yr Both In limited circumstances No
MS 90d - varied - varied Both 3rd offense No
MT Varied Both 3rd offense Yes
NC 1yr - 4yrs - varied Both - in limited circumstances 4th offense Yes
ND 91d - 1yr - 2yrs Treatment/Assessment 2nd offense Yes
NE 60d - 1yr - 1yr No No Yes
NH 6m - 2yrs - 2yrs Both No Yes
NJ 6m - 2yrs - 10yrs Both No Yes
NM 90d - varied - varied Both No 2nd offense
NV 90d - 90d - 90d Both - in limited circumstances No Yes
NY 6m - 1yr - 1yr Both 2nd offense Yes
OH 6m - 1yr - 1yr Treatment/Assessment
for 3rd offense
4th offense Yes
OK 30d - 6m - 1yr Both - in limited circumstances In limited circumstances Yes
OR 90d - 1yr - 1yr Both Yes Yes
PA 1yr - 1yr - 1yr Both for 2nd offense Yes 2nd offense
RI 45d - 1yr - 2yrs Both 3rd offense Yes
SC 6m - 1yr - 4yrs Both - in limited circumstances 4th offense Yes
SD 30d - 1yr - varied No No No
TN 1yr - 2yrs - 3yrs Both - in limited circumstances 2nd offense Yes
TX 90d - 180d - 180d Education - under 21 3rd offense In limited circumstances
UT 90d - 1yr - 1yr Both No Yes
VA 7d - varied - varied Treatment/Assessment No Yes
VT 90d - 18m - 2yrs Education
in limited circumstances
3rd offense No
WA 90d - 2yrs - 2yrs No 2nd offense Yes
WI 6m - 1yr - 2yrs Both
in limited circumstances
3rd offense Yes
WV 6m - 1yr - 1yr Both
in limited circumstances
No Yes
WY 90d - 90d - 90d Treatment/Assessment
for 3rd offense
No Yes

DUI Penalties

Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur total fines of up to $2000, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.

Administrative License Suspension/Revocation

The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically those that occur within five years of a prior DUI offense.

Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws. Most states recognize different sanctions for these types of DUI offenses.

Mandatory Alcohol Education and Assessment/Treatment

Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

Vehicle Confiscation

Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.

Ignition Interlock

A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.

Back to Chart