Comparison Table · Checked October 2026

DUI Laws by State: Comparison Table

How Do DUI Penalties Compare Across States?

Most states set the adult limit at 0.08 BAC; Utah (0.05) is lower. First-offense penalties, license-hearing deadlines and felony rules vary widely. 1 jurisdictions don't allow sobriety checkpoints. The table compares all 51 jurisdictions; each state's page has the full rules and sources.

DUI Laws in Every State

DUI laws compared by state
StateTermBAC (adult / CDL / under 21)First offense: jailFirst offense: fineHearing deadlineFelonyInsurance filingCheckpoints
DUI laws in AlabamaDUI0.08 / 0.04 / 0.02up to 1 year$600 to $2,10010 daysA fourth or later DUI within 10 years is a Class C felony: 1 year and 1 day to 10 years (at least 10 days served in county jail), a $4,100 to $10,100 fine, 5-year revocation and 4 years of interlock. Once you have a felony DUI, every later DUI is a felony no matter how old the felony is.
DUI laws in AlaskaDUI0.08 / 0.04 / 0at least 72 consecutive hours, up to 1 yearat least $1,500, up to $25,0007 daysA DUI is a class C felony if you have two or more prior convictions since January 1, 1996 within the 10 years before the offense, or if felony DUI or felony refusal punishment was imposed within the last 10 yearsSR-22, 5 years from the end of the revocation for a first DUI or refusal conviction, 10 years for a second, 20 years for a third, and for life for a fourth
DUI laws in ArizonaDUI0.08 / 0.04 / 0at least 10 consecutive days; the judge may suspend all but 1 day if you complete court-ordered alcohol or drug screening, education or treatment; up to 6 monthsat least $250, up to $2,500, plus two $500 assessments30 daysA third DUI within 84 months is aggravated DUI, a class 4 felony. DUI on a suspended, revoked or restricted license, while required to use an interlock, or driving the wrong way is also a class 4 felony; DUI with a child under 15 in the vehicle is a class 6 felony.SR-22, 3 years from the end date of your suspension
DWI laws in ArkansasDWI0.08 / 0.04 / 0.0224 hours to 1 year; 7 days to 1 year if a passenger under 16 was in the vehicle. The court may order public service instead.7 daysA fourth DWI within 10 years of the first offense is an unclassified felony (1 to 6 years); a fifth within 10 years is an unclassified felony (2 to 10 years); a sixth or later within 20 years is a Class B felony
DUI laws in CaliforniaDUI0.08 / 0.04 / 0.0196 hours (at least 48 continuous) to 6 months in county jail$390 to $1,00010 daysA fourth DUI within 10 years may be punished by imprisonment under Penal Code § 1170(h) instead of county jail; any DUI within 10 years of a prior felony DUI, or after a prior vehicular manslaughter conviction under Pen. Code § 191.5(a), is punishable by state prison or up to 1 year in county jailSR-22 (California Insurance Proof Certificate, SR 22/SR 1P)Allowed
DUI laws in ColoradoDUI0.08 / 0.04 / 0.025 days to 1 year in county jail (the minimum can be suspended if you complete a Level I or II alcohol and drug program); 10 days to 1 year if BAC was 0.20 or more$600 to $1,0007 daysDUI, DUI per se or DWAI is a class 4 felony if it occurs after three or more prior convictions from separate episodes for DUI, DUI per se, DWAI, vehicular homicide or vehicular assault, with no time limit on the priors. If the court grants probation it must order 90 to 180 days in county jail, or 120 days to 2 years through work or school release. No DUI Colorado lists 2 to 6 years in prison and a $2,000 to $500,000 fine for a fourth DUI.SR-22, 3 years from the date last required; for a single DUI, DUI per se, DWAI or revocation with no accident, only as long as the license is under restraint, up to 3 years, starting at reinstatement
DUI laws in ConnecticutDUI0.08 / 0.04 / 0.02up to 6 months, with 48 consecutive hours that cannot be suspended or reduced; or up to 6 months fully suspended with probation that requires 100 hours of community service$500 to $1,0007 daysa second DUI within 10 years carries up to 2 years and a third up to 3 years; any offense punishable by more than 1 year is a felony in Connecticut
DUI laws in DelawareDUI0.08 / 0.04 / 0.02up to 12 months; any jail term may be suspended$500 to $1,50015 daysa third DUI at any time after 2 prior offenses is a Class G felony, with no time limit on the priorsAllowed
DUI laws in District of ColumbiaDUI0.08 / 0.04 / 0up to 180 days; mandatory minimums apply at high BAC (10 days at 0.20 or more, 15 days above 0.25, 20 days above 0.30) or with certain drugs in the blood or urine (15 days)$1,00010 daysD.C. DUI and OWI penalties top out at 1 year in jail at every offense level; the impaired-driving statutes create no felony DUI tierSR-22, 3 years from the date of conviction
DUI laws in FloridaDUI0.08 / 0.04 / 0.02up to 6 months (up to 9 months if BAC was 0.15 or higher or a person under 18 was in the vehicle)$500 to $1,000 ($1,000 to $2,000 if BAC was 0.15 or higher or a person under 18 was in the vehicle)10 daysa third DUI conviction for an offense within 10 years after a prior DUI conviction, or a fourth or subsequent DUI conviction regardless of when the priors occurred, is a felony of the third degree; DUI causing serious bodily injury is a third-degree felony and DUI manslaughter is a second-degree (or first-degree) felonyFR-44, minimum of 3 years (FLHSMV: three years from reinstatement); limits $100,000/$300,000 bodily injury and $50,000 property damage, or a $350,000 certificate of deposit/combined single limit
DUI laws in GeorgiaDUI0.08 / 0.04 / 0.0210 days to 12 months; with a BAC of 0.08 or more, the judge may suspend, stay or probate all but 24 hours$300 to $1,00030 daysa fourth or later DUI conviction within 10 years, measured from the dates of previous arrests, counting only convictions or nolo contendere pleas on or after July 1, 2008; driving during a habitual violator revocation after 3 or more DUI convictions in 5 years is the separate felony of habitual impaired driving
OVUII laws in HawaiiOVUII0.08 / 0.04 / 0.02any one or more of: 72 hours of community service, 48 hours to 5 days in jail, or a $250 to $1,000 fine$250 to $1,000 (one of the sentencing options), plus a $25 neurotrauma surcharge and up to $25 trauma system surcharge if ordered6 daysOVUII becomes the Class C felony of habitually operating a vehicle under the influence when the person has two or more prior OVUII convictions within 10 years of the new offense, or one or more prior habitual OVUII convictions within 10 years; it is a Class B felony if the driver was also highly intoxicated (.15 or more)Allowed
DUI laws in IdahoDUI0.08 / 0.04 / 0.02up to 6 monthsup to $1,0007 daysA third DUI with two or more prior DUIs within 10 years is a felony. Any DUI within 15 years of a prior felony DUI, felony excessive-alcohol DUI, aggravated DUI or vehicular manslaughter under § 18-4006(3)(b) is also a felony. Aggravated DUI (causing great bodily harm) and a second 0.20-or-more DUI within 5 years are felonies.SR-22, 3 years, beginning at the end of the suspension period (DUI conviction)
DUI laws in IllinoisDUI0.08 / 0.04 / 0up to 364 days (Class A misdemeanor: less than one year)up to $2,50090 daysa third or subsequent DUI is aggravated DUI (third and fourth are Class 2 felonies, fifth is Class 1, sixth or more is Class X); other aggravating facts such as serious injury, death, a school bus or driving while revoked for DUI also make it a felonySR-22, 3 years after the proof is first filed
OWI laws in IndianaOWI0.08 / 0.04 / 0.02up to 60 days (Class C misdemeanor); up to 1 year if BAC 0.15 or higher or the driving endangered a person (Class A misdemeanor)up to $500 (Class C misdemeanor); up to $5,000 (Class A misdemeanor)an OWI is a Level 6 felony when you have a prior OWI conviction within the previous 7 years, or when a driver 21 or older has a passenger under 18 (with BAC 0.15+, a controlled substance, or endangerment); a prior OWI causing injury or death makes it a Level 5 felonySR-22, 3 years following the end of the suspension after an OWI convictionAllowed
OWI laws in IowaOWI0.08 / 0.04 / 0.0248 hours to 1 year in county jail$1,250 (the court may waive up to $625 if no one was hurt and no property was damaged and you hold a temporary restricted license)10 daysa third or subsequent OWI offense is a class D felonySR-22, 2 years from the first day of your revocation (not needed for a zero tolerance revocation)
DUI laws in KansasDUI0.08 / 0.04 / 0.0248 consecutive hours to 6 months, or in the court's discretion 100 hours of public service$750 to $1,00014 daysa fourth or later DUI conviction, or a third conviction when there is a prior conviction within the preceding 10 years (not counting time incarcerated), is a severity level 6, nonperson felony
DUI laws in KentuckyDUI0.08 / 0.04 / 0.0248 hours to 30 days, a fine, or both; at least 4 days that cannot be suspended if an aggravating circumstance is present$200 to $500a fourth or subsequent DUI within a 10-year period is a Class D felony, with a minimum of 120 days in jail (240 days with an aggravating circumstance) that cannot be suspended or probated
DWI laws in LouisianaDWI0.08 / 0.04 / 0.0210 days to 6 months; if suspended, probation requires 48 hours in jail or at least 32 hours of community service$300 to $1,000 ($750 to $1,000 at BAC 0.20 or more)30 daysa third DWI within the 10-year lookback is punishable by imprisonment with or without hard labor, which makes it a felony; a fourth or later DWI carries 10 to 30 yearsAllowed
OUI laws in MaineOUI0.08 / 0.04 / 0no mandatory jail unless an aggravating factor applies: at least 48 hours for a test result of 0.15 or more, speeding 30 mph or more over the limit, eluding an officer, or a passenger under 21; at least 96 hours for refusing a test; maximum less than one year (Class D)at least $500 ($600 if you refused a test), up to $2,00010 daysMaine grades crimes by class rather than felony and misdemeanor. OUI becomes a Class C crime (up to 5 years) with 2 or more previous OUI offenses within 10 years, or when it causes serious bodily injury; it is a Class B crime (up to 10 years) when it causes death or the person has a prior Class B or C OUI convictionSR-22, required before reinstatement after an OUI conviction with a prior OUI conviction within 10 years; proof must then be maintained for at least 3 years
DUI laws in MarylandDUI0.08 / 0.04 / 0up to 1 year for DUI (under the influence or 0.08 or more); up to 2 months for DWI (impaired by alcohol)up to $1,200 for DUI; up to $500 for DWI10 daysthe impaired-driving statute grades every DUI and DWI as a misdemeanor, even for repeat offenders: up to 5 years with two prior convictions and up to 10 years with three or more prior convictions or a prior impaired-driving homicide or life-threatening injury conviction
OUI laws in MassachusettsOUI0.08 / 0.04 / 0.02up to 2 and a half years$500 to $5,000, plus a $250 Head Injury assessment and a $50 Victims of Drunk Driving assessment15 daysa third OUI (two prior convictions or alcohol program assignments, with no time limit) can be sentenced to state prison, which makes it a felony; every later offense also carries a state prison term
OWI laws in MichiganOWI0.08 / 0.04 / 0.02up to 93 days (up to 180 days if BAC 0.17 or more)$100 to $500 ($200 to $700 if BAC 0.17 or more)14 daysa third OWI after 2 or more prior convictions, regardless of how many years have passed since them; also any OWI causing death or serious injury, and a repeat offense with a child under 16 aboard
DWI laws in MinnesotaDWI0.08 / 0.04 / 0up to 90 daysup to $1,00060 daysfirst-degree DWI: a DWI within 10 years of the first of three or more prior impaired driving incidents (a fourth in 10 years), or any DWI after a prior felony DWI or felony criminal vehicular homicide or injury conviction; up to 7 years in prison and/or a fine up to $14,000
DUI laws in MississippiDUI0.08 / 0.04 / 0.02up to 48 hours; the court may substitute a victim impact panel for the 48 hours$250 to $1,00030 daysa third DUI conviction with the offenses committed within 5 years, or a fourth or subsequent conviction regardless of when the earlier offenses occurred; also aggravated DUI causing death or serious injury
DWI laws in MissouriDWI0.08 / 0.04 / 0.02up to 6 months; if no suspended imposition of sentence is granted, at least 48 hours with BAC 0.15 to 0.20 and at least 5 days with BAC over 0.20up to $1,00015 daysa DWI is a Class E felony when you have two or more prior intoxication-related traffic offenses on separate occasions (no time limit), or one prior that involved injuring or killing another person; it is also a felony when the DWI causes injury or deathSR-22, 2 years from the starting date of the suspension or revocationAllowed
DUI laws in MontanaDUI0.08 / 0.04 / 0.0224 consecutive hours to 6 months$600 to $1,00030 daysa fourth or subsequent DUI conviction (three or more prior DUI or related convictions, counted regardless of age) is a felony: 13 months to 2 years with the Department of Corrections followed by a 5-year suspended prison term, or up to 5 years in a treatment court program, plus a $5,000 to $10,000 fine
DUI laws in NebraskaDUI0.08 / 0.04 / 0.027 to 60 days (no jail required if the court grants probation)$50010 daysa fourth offense (three prior convictions within 15 years) is a Class IIIA felony; a third offense becomes a Class IIIA felony when BAC was 0.15 or higher or the driver refused testing; fifth and later offenses are Class IIA or Class II feloniesSR-22, 3 years from the date of eligibility for reinstatement (court-ordered revocations)
DUI laws in NevadaDUI0.08 / 0.04 / 0.022 days to 6 months in jail or residential confinement, or 48 to 96 hours of community service$400 to $1,000a third DUI within 7 years is a category B felony; any later DUI after a felony DUI is a category B felony with 2 to 15 yearsSR-22, 3 years (36 consecutive months), starting when the license is reinstated; a lapse restarts the 3 years
DWI laws in New HampshireDWI0.08 / / 0.02no jail (class B misdemeanor)at least $500, up to $1,20030 daysa fourth or later DWI within 10 years is a felony; aggravated DWI that causes serious bodily injury is a class B felony on a first offenseSR-22Allowed
DWI laws in New JerseyDWI0.08 / / 0.01up to 30 days, plus 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC) over two consecutive days0.08 to under 0.10 or observational evidence: $250 to $400; 0.10 or higher, or drugs: $300 to $500
DWI laws in New MexicoDWI0.08 / 0.04 / 0.02up to 90 days; at least 48 consecutive hours if aggravatedup to $500; the court may add a $300 fine10 daysa fourth DWI conviction is a fourth degree felony (18 months, 6 not suspendable); fifth is a fourth degree felony (2 years, 1 not suspendable); sixth and seventh are third degree felonies (30 months and 3 years); eighth or later is a second degree felony (12 years, 10 not suspendable)
DWI laws in New YorkDWI0.08 / 0.04 / 0.02up to 1 year$500 to $1,000 (Aggravated DWI: $1,000 to $2,500)DWI, Aggravated DWI or drug-impaired driving after a prior such conviction within 10 years is a class E felony; with two priors within 10 years, or three or more within 15 years, it is a class D felony. Driving drunk with a child 15 or younger in the car is a class E felony on any offense.
DWI laws in North CarolinaDWI0.08 / 0.04 / 0set by sentencing level; with no grossly aggravating factors, Level Five to Level Three: from 24 hours up to 6 months (can be suspended)up to $200 (Level Five), $500 (Level Four) or $1,000 (Level Three)10 dayshabitual impaired driving: driving while impaired after three or more impaired driving convictions within 10 years of the new offense; Class F felony with a minimum 12-month active sentence that can't be suspended, permanent revocation and vehicle forfeitureproof of financial responsibility (insurer certificate or policy binder), at least 3 years after the license is restoredAllowed
DUI laws in North DakotaDUI0.08 / 0.04 / 0.02up to 30 days (at least 2 days if BAC was 0.16 or more)$500 to $1,500 (at least $750 if BAC was 0.16 or more)10 daysa fourth or later DUI within 15 years is a class C felony: at least 1 year and 1 day in prison (up to 5 years), a fine of at least $2,000 (up to $10,000) and at least 2 years of supervised probation; a repeat DUI with a minor in the vehicle is also a class C felonySR-22 (proof of financial responsibility)
OVI laws in OhioOVI0.08 / 0.04 / 0.023 consecutive days (72 hours) mandatory, or a certified three-day drivers' intervention program instead; up to 6 months$565 to $1,07530 daysA fourth or fifth OVI within ten years, or a sixth or more within twenty years, is a fourth-degree felony (60 consecutive days mandatory local incarceration or prison, fine $1,540 to $10,500, vehicle forfeiture). An OVI after a prior felony OVI is a third-degree felony.proof of insurance, insurance that covers through the end of the suspension, shown at reinstatement
DUI laws in OklahomaDUI0.08 / 0.04 / 010 days to 1 yearup to $1,00030 daysA second DUI within ten years of completing the sentence or deferred judgment for a prior DUI is a Class C2 felony
DUII laws in OregonDUII0.08 / 0.04 / 0at least 48 hours in jail or 80 to 250 hours of community service; up to 364 days$1,000 minimum, up to $6,25010 daysDUII is a Class C felony with at least two prior DUII convictions in the 10 years before the offense (90-day mandatory minimum), or three priors in 10 years under ORS 813.010(5). After one felony DUII sentence, every later DUII is a felony regardless of time.SR-22
DUI laws in PennsylvaniaDUI0.08 / 0.04 / 0.02no jail at the general impairment tier (0.08 to 0.099): 6 months' probation; 48 hours minimum at 0.10 to 0.159; 72 hours minimum at 0.16 or higher, with drugs, or after a refusal; up to 6 months$300 (general impairment); $500 to $5,000 (high rate); $1,000 to $5,000 (highest rate, drugs or refusal)30 daysA DUI with three or more prior offenses is a third-degree felony. At the highest tier, with drugs or after a refusal, two priors make it a third-degree felony and three or more a second-degree felony. Two priors with a minor under 18 in the vehicle is also a third-degree felony.Allowed
DUI laws in Rhode IslandDUI0.08 / 0.04 / 0.02up to 1 year$100 to $300 (BAC 0.08 to under 0.10); $100 to $400 (BAC 0.10 to under 0.15, or BAC unknown); $500 (BAC 0.15 or more, or under the influence of drugs)A third or subsequent DUI within a ten-year period is a felony. A second or subsequent DUI with a child under 13 in the vehicle, a DUI while the license is suspended for a DUI, and a DUI resulting in death are also felonies.
DUI laws in South CarolinaDUI0.08 / 0.04 / 0.0248 hours to 30 days (BAC under 0.10); 72 hours to 30 days (BAC 0.10 to under 0.16); 30 to 90 days (BAC 0.16 or more)$400 (BAC under 0.10); $500 (BAC 0.10 to under 0.16); $1,000 (BAC 0.16 or more)30 daysFelony DUI is a DUI in which an unlawful act or neglect while driving proximately causes great bodily injury or death to another person.
DUI laws in South DakotaDUI0.08 / 0.04 / 0.02up to 1 year in county jailup to $2,000a third DUI offense is a Class 6 felony; prior convictions count only if the earlier violation occurred within 10 years of the one charged (time incarcerated for a prior violation is not counted)SR-22, 3 years from the date proof was required, if no further qualifying conviction is recorded in that period
DUI laws in TennesseeDUI0.08 / 0.04 / 0.0248 consecutive hours to 11 months 29 days in county jail or workhouse; at least 7 consecutive days with a BAC of 0.15 or more$350 to $1,500a fourth or fifth DUI is a Class E felony, and a sixth or later DUI (committed on or after July 1, 2016) is a Class C felony; priors are counted under the 10-year chain rule, and no violation more than 20 years old countsSR-22, for the length of the suspension or revocation period (for example, a 1-year revocation means a 1-year SR-22 requirement)Allowed
DWI laws in TexasDWI0.08 / 0.04 / 072 hours (3 days) to 180 daysup to $2,00015 daysA DWI is a third-degree felony if you have two previous convictions for intoxicated operation (motor vehicle, aircraft, watercraft or amusement ride), or one previous intoxication manslaughter conviction, with no time limit on the priors. DWI with a passenger under 15, DWI in an active school crossing zone, intoxication assault and intoxication manslaughter are felonies on their own.SR-22, Filed evidence of financial responsibility may be cancelled only after the second anniversary of the date it was required, and only if DPS received no suspension-triggering conviction in the preceding two years.
DUI laws in UtahDUI0.05 / 0.04 / 0at least 2 days in jail or 48 hours of compensatory service work (at least 5 days for extreme DUI), up to 6 monthsat least $700, up to $1,00010 daysA DUI is a third-degree felony with two or more prior convictions each within 10 years of the current conviction or offense date, or at any time after a prior felony DUI conviction.SR-22Allowed
DUI laws in VermontDUI0.08 / 0.04 / 0.02up to 2 yearsup to $750, plus surcharges of $60, $50 and $507 daysA third DUI (two prior convictions, at least one within the last 20 years) carries up to 5 years, which makes it a felony; DUI causing death or serious bodily injury is also a felonySR-22, 1 year after the reinstatement eligibility date for a first DUI conviction or civil suspension; 3 years after the reinstatement eligibility date for a second or later DUI conviction
DUI laws in VirginiaDUI0.08 / 0.04 / 0.02up to 12 months; mandatory 5 extra days if BAC was 0.15 to 0.20, or 10 extra days if BAC was over 0.20$250 minimum, up to $2,500A third DUI within 10 years is a Class 6 felony; so is any DUI after a prior felony DUI, DUI involuntary manslaughter or DUI maiming convictionFR-44, 3 years from the end of the revocation
DUI laws in WashingtonDUI0.08 / 0.04 / 0.0224 consecutive hours to 364 days (48 consecutive hours to 364 days if BAC 0.15 or higher or you refused the test)$350 to $5,000 ($500 to $5,000 if BAC 0.15 or higher or you refused the test)7 daysClass B felony if you have three or more prior offenses within 15 years (arrest for the prior within 15 years before or after the current arrest), or if you have ever been convicted of vehicular homicide or vehicular assault while under the influence, a comparable out-of-state offense, or a prior felony DUI or felony physical controlSR-22, 3 years from the date proof was required
DUI laws in West VirginiaDUI0.08 / 0.04 / 0.02up to 6 months (BAC under 0.15); 2 days to 6 months, including at least 24 hours of actual confinement, at 0.15 or higher$100 to $500 ($200 to $1,000 at 0.15 or higher)30 daysA third or later DUI with two or more prior DUI convictions (or a prior conditional probation) for offenses within the 10 years before the current arrest; also any impaired driving that causes serious bodily injury or death
OWI laws in WisconsinOWI0.08 / 0.04 / 0no jail (civil forfeiture); 5 days to 6 months if a minor passenger under 16 was in the vehicleforfeiture of $150 to $300; $350 to $1,100 fine if a minor passenger under 16 was in the vehicle10 daysa fourth offense counted over the person's lifetime is a Class H felony (fine of at least $600 and at least 60 days); a 5th or 6th is a Class G felony (at least 1 year 6 months of confinement); 7th to 9th is Class F (at least 3 years); 10th or more is Class E (at least 4 years). A third offense with a minor passenger under 16 is also a felony.SR-22, 3 years from the date you are eligible to reinstate; not required after a revocation whose only reason is a first-offense OWI, but required to get an occupational licenseNot allowed
DUI laws in WyomingDUI0.08 / 0.04 / 0.02up to 6 monthsup to $75020 daysa fourth or subsequent DUI conviction within 10 years is a felony: fine of up to $10,000, up to 7 years in prison, or both; plus lifetime ignition interlock (the offender may apply for removal 5 years after conviction and every 5 years after)SR-22, 3 years from the date the suspension or revocation begins; also required for the whole period of an ignition interlock restricted license

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