Penalties
First DUI: Penalties and What to Expect
What Happens With a First DUI?
A first DUI is a misdemeanor or lesser offense in every state checked, but the penalties still bite: possible jail (from none to 2 and a half years at the maximum), fines, a license suspension, often an ignition interlock, and an alcohol program. The license can be suspended by the state before the criminal case ends, so check your hearing deadline first.
First DUI Penalties: What You’re Facing
A first DUI is a misdemeanor, or something lesser, in every state checked. That is the good news. The penalties for a first DUI are still real, and they come from two directions at once: the criminal court and the state’s motor vehicle agency.
On the court side, a first conviction can bring:
- Jail: from none at all to a maximum of 2 and a half years, with most states topping out at 6 months or 1 year.
- A fine: usually a few hundred dollars to a couple of thousand, plus fees and surcharges.
- A license suspension or revocation: from none at Pennsylvania’s lowest tier to more than a year.
- An ignition interlock: required in many states, at least at a high BAC.
- Classes, an evaluation and sometimes treatment: nearly every state requires an alcohol program or assessment.
On the license side, many states suspend your license after a failed breath or blood test, before any conviction. That administrative suspension has its own deadline to request a hearing, and it is often the first thing you can lose by waiting. Use the DUI deadline calculator to find yours.
What you actually face depends on your state and on your BAC. Many states raise the penalties at 0.15 or higher, and some add tiers at 0.10, 0.16, 0.17 or 0.20.
How Much Jail Time a First DUI Can Bring
The range across the states checked is wide.
- No jail for a basic first offense. New Hampshire sets no jail for a first DWI, a class B misdemeanor (N.H. Rev. Stat. Ann. § 265-A:18). Wisconsin treats a first OWI as a civil forfeiture unless a child under 16 was in the car. In Pennsylvania, the general impairment tier (0.08 to 0.099) means 6 months’ probation and no jail (75 Pa.C.S. § 3804(a)(1)).
- A short mandatory minimum. Many states set one: 48 hours in Iowa, 72 hours in Texas, 96 hours in California, and 10 days in Oklahoma. Arizona sets at least 10 consecutive days, but the judge may suspend all but 1 day if you complete court-ordered screening, education or treatment (A.R.S. § 28-1381).
- The highest maximums. Massachusetts allows up to 2 and a half years, and Vermont up to 2 years. Alabama, Alaska, New York, Virginia and others allow up to 1 year.
Many states let you serve the minimum another way. Kansas allows 100 hours of public service in place of jail, Nevada allows 48 to 96 hours of community service, and Ohio accepts a certified three-day drivers’ intervention program instead of 3 days in jail.
BAC tiers matter here. In Michigan the maximum rises from 93 days to 180 days at 0.17 or more. In Virginia a BAC of 0.15 to 0.20 adds a mandatory 5 days, and over 0.20 adds 10.
Fines for a First DUI
Most states cap the first-offense fine between $500 and $2,500. The extremes:
- Highest: Alaska sets a fine of at least $1,500, up to $25,000. Oregon’s fine runs from $1,000 to $6,250, and Massachusetts, Pennsylvania (high and highest tiers) and Washington allow up to $5,000.
- Lowest: Wisconsin’s first-offense forfeiture is $150 to $300, and Rhode Island’s fine starts at $100 to $300 at a BAC of 0.08 to under 0.10.
The fine is rarely the whole cost. Texas adds a separate state traffic fine of $3,000 on a first conviction within a 36-month period, or $6,000 at 0.15 or more. Arizona adds two $500 assessments, and Rhode Island adds a $500 highway assessment fine.
License Suspension, Interlock and Classes
Two Suspensions, Two Tracks
Most states can take your license twice: an administrative suspension after a failed test, and a court-ordered suspension after a conviction. They often overlap or are credited against each other, but the deadlines and hearings are separate. Arizona’s administrative suspension is at least 90 consecutive days, and for an eligible first offense that means 30 days suspended followed by at least 60 days restricted. California’s is 4 months for a first offense at 0.08 or more. In Virginia it is 7 days.
Pennsylvania is an outlier: there is no administrative suspension before conviction, and no suspension at all for a first general impairment offense.
Ignition Interlock
Many states now require an ignition interlock after a first offense, at least at a high BAC. New York’s court must order one for no less than 12 months. Nevada requires one for 185 days. Washington requires one on every vehicle you drive. In Wisconsin it applies if your alcohol concentration was 0.15 or more or you refused a test. See when an ignition interlock is required for every state.
Classes and Evaluations
Nearly every state orders an alcohol education program, a substance use evaluation, or both. Virginia sends first offenders to the Virginia Alcohol Safety Action Program (VASAP). Missouri requires the Substance Awareness Traffic Offender Program (SATOP) before reinstatement.
First Offense: Jail / Fine by State
| State | First offense: jail / fine |
|---|---|
| DUI law in Alabama | up to 1 year; $600 to $2,100 |
| DUI law in Alaska | at least 72 consecutive hours, up to 1 year; at least $1,500, up to $25,000 |
| DUI law in Arizona | at 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 months; at least $250, up to $2,500, plus two $500 assessments |
| DWI law in Arkansas | 24 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. |
| DUI law in California | 96 hours (at least 48 continuous) to 6 months in county jail; $390 to $1,000 |
| DUI law in Colorado | 5 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 $1,000 |
| DUI law in Connecticut | up 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 $1,000 |
| DUI law in Delaware | up to 12 months; any jail term may be suspended; $500 to $1,500 |
| DUI law in District of Columbia | up 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); $1,000 |
| DUI law in Florida | up 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) |
| DUI law in Georgia | 10 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 $1,000 |
| OVUII law in Hawaii | any 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 ordered |
| DUI law in Idaho | up to 6 months; up to $1,000 |
| DUI law in Illinois | up to 364 days (Class A misdemeanor: less than one year); up to $2,500 |
| OWI law in Indiana | up 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) |
| OWI law in Iowa | 48 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) |
| DUI law in Kansas | 48 consecutive hours to 6 months, or in the court's discretion 100 hours of public service; $750 to $1,000 |
| DUI law in Kentucky | 48 hours to 30 days, a fine, or both; at least 4 days that cannot be suspended if an aggravating circumstance is present; $200 to $500 |
| DWI law in Louisiana | 10 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) |
| OUI law in Maine | no 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 $2,000 |
| DUI law in Maryland | up 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 DWI |
| OUI law in Massachusetts | up to 2 and a half years; $500 to $5,000, plus a $250 Head Injury assessment and a $50 Victims of Drunk Driving assessment |
| OWI law in Michigan | up 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) |
| DWI law in Minnesota | up to 90 days; up to $1,000 |
| DUI law in Mississippi | up to 48 hours; the court may substitute a victim impact panel for the 48 hours; $250 to $1,000 |
| DWI law in Missouri | up 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 0.20; up to $1,000 |
| DUI law in Montana | 24 consecutive hours to 6 months; $600 to $1,000 |
| DUI law in Nebraska | 7 to 60 days (no jail required if the court grants probation); $500 |
| DUI law in Nevada | 2 days to 6 months in jail or residential confinement, or 48 to 96 hours of community service; $400 to $1,000 |
| DWI law in New Hampshire | no jail (class B misdemeanor); at least $500, up to $1,200 |
| DWI law in New Jersey | up to 30 days, plus 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC) over two consecutive days; 0.08 to under 0.10 or observational evidence: $250 to $400; 0.10 or higher, or drugs: $300 to $500 |
| DWI law in New Mexico | up to 90 days; at least 48 consecutive hours if aggravated; up to $500; the court may add a $300 fine |
| DWI law in New York | up to 1 year; $500 to $1,000 (Aggravated DWI: $1,000 to $2,500) |
| DWI law in North Carolina | set 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) |
| DUI law in North Dakota | up 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) |
| OVI law in Ohio | 3 consecutive days (72 hours) mandatory, or a certified three-day drivers' intervention program instead; up to 6 months; $565 to $1,075 |
| DUI law in Oklahoma | 10 days to 1 year; up to $1,000 |
| DUII law in Oregon | at least 48 hours in jail or 80 to 250 hours of community service; up to 364 days; $1,000 minimum, up to $6,250 |
| DUI law in Pennsylvania | no 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) |
| DUI law in Rhode Island | up 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) |
| DUI law in South Carolina | 48 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) |
| DUI law in South Dakota | up to 1 year in county jail; up to $2,000 |
| DUI law in Tennessee | 48 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 $1,500 |
| DWI law in Texas | 72 hours (3 days) to 180 days; up to $2,000 |
| DUI law in Utah | at least 2 days in jail or 48 hours of compensatory service work (at least 5 days for extreme DUI), up to 6 months; at least $700, up to $1,000 |
| DUI law in Vermont | up to 2 years; up to $750, plus surcharges of $60, $50 and $50 |
| DUI law in Virginia | up 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 $2,500 |
| DUI law in Washington | 24 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) |
| DUI law in West Virginia | up 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) |
| OWI law in Wisconsin | no jail (civil forfeiture); 5 days to 6 months if a minor passenger under 16 was in the vehicle; forfeiture of $150 to $300; $350 to $1,100 fine if a minor passenger under 16 was in the vehicle |
| DUI law in Wyoming | up to 6 months; up to $750 |
From each state's statutes, DMV and court pages, checked October 2026. Each state's page links its sources.
First DUI Penalties in the States People Ask About
These are first-offense penalties as each state’s statute sets them, for an adult with no aggravating factor. Your state’s full details are in the table below and on its penalties page.
| State | Jail | Fine | License (on conviction) |
|---|---|---|---|
| Texas | 72 hours to 180 days | Up to $2,000, plus the $3,000 state traffic fine | 90 days to 1 year |
| California | 96 hours to 6 months | $390 to $1,000 | 6 months (restricted license available) |
| Florida | Up to 6 months | $500 to $1,000 | Revoked at least 180 days, up to 1 year |
| Michigan | Up to 93 days | $100 to $500 | 180 days (restricted license after 30) |
| Wisconsin | None (civil forfeiture) | $150 to $300 forfeiture | Revoked 6 to 9 months |
| Virginia | Up to 12 months | $250 minimum, up to $2,500 | 1 year, plus the 7-day administrative suspension |
| Iowa | 48 hours to 1 year | $1,250 | Revoked 180 days to 1 year |
| Arizona | At least 10 consecutive days, up to 6 months | At least $250, up to $2,500, plus two $500 assessments | 90-day suspension (30 suspended, 60 restricted for an eligible first offense) |
A few details behind those rows. Texas requires an interlock on community supervision when BAC was 0.15 or more (Tex. Penal Code ch. 49). Florida requires at least 50 hours of community service and a 10-day vehicle impoundment (Fla. Stat. § 316.193). Iowa may allow a deferred judgment if your BAC was 0.15 or under, you didn’t refuse testing, no one else was hurt and you had no prior OWI or deferred judgment (Iowa Code § 321J.2). For the details in your state, see California DUI penalties, Florida DUI penalties, Michigan OWI penalties or Wisconsin OWI penalties.
First-Offender Programs and Diversion
Some states give first offenders a path that avoids a standard conviction. These are written into state law:
- Pennsylvania: Accelerated Rehabilitative Disposition (ARD) may be offered for many first offenses.
- Massachusetts: the section 24D first offender disposition means up to 2 years of probation with a driver alcohol education program, and a license suspension of 45 to 90 days instead of 1 year.
- West Virginia: first offenders who tell the court within 30 days of arrest may be placed on probation tied to the Test and Lock program; on completion, the charge is dismissed.
- Mississippi: a qualifying first offense may be nonadjudicated once. Commercial license holders are ineligible.
- Delaware: a first offenders election may be available instead of trial.
Other states close that door. Florida courts may not withhold adjudication of guilt for DUI, Utah bars holding a DUI plea in abeyance, and North Dakota says a first-offense sentence can’t be deferred. Whether you qualify for a program in your state is a question for a lawyer or your public defender. The guide to finding a DUI lawyer explains how to check one’s license.
What Happens After a First DUI Arrest
The order of events is similar in most states, even though the deadlines differ.
- Release and paperwork. You get a citation or charging document and, in many states, a notice of license suspension that doubles as a temporary permit.
- The license hearing deadline. The clock to request an administrative hearing starts at arrest or when you receive the notice. Missing it usually means the suspension starts automatically.
- The first court date. At arraignment you hear the charge and enter a plea. If you can’t afford a lawyer, ask the court for one there.
- Evaluation and classes. Many states require an alcohol screening or assessment before sentencing or reinstatement.
- Resolution. A plea, trial or first-offender program, followed by sentencing.
- Reinstatement. Fees, proof of classes, sometimes an SR-22 or interlock, before you drive without restrictions again.
The full sequence, with state differences, is in what happens after a DUI arrest.
Why Your First DUI Matters Later
A first DUI sets the stage for any future charge. Prior convictions inside your state’s lookback window raise every penalty for a second offense, and enough priors make a later DUI a felony. The window runs from 5 years in some states to a lifetime in others. You can check your state’s window with the DUI lookback and felony checker and read the deep dive in felony DUI.
Your first offense also affects insurance filings. Nevada requires an SR-22 for 3 years and Missouri for 2. For every state’s rules, start at DUI laws by state.
Frequently Asked Questions
Will I Go to Jail for a First DUI?
It depends on your state and your BAC. Some states set no jail for a basic first offense: New Hampshire's first DWI is a class B misdemeanor with no jail, and Wisconsin's is a civil forfeiture. Others set a short minimum, such as 72 hours in Texas or 10 days in Oklahoma. Many let you serve a minimum through community service or a program.
Can a First DUI Be Dismissed or Diverted?
Some states have first-offender programs written into law. Pennsylvania may offer Accelerated Rehabilitative Disposition (ARD) for many first offenses, Massachusetts has its section 24D first offender disposition, and West Virginia lets qualifying first offenders who tell the court within 30 days of arrest earn a dismissal through its Test and Lock program. Other states rule it out: Florida courts may not withhold adjudication of guilt for DUI.
How Long Will I Lose My License After a First DUI?
Anywhere from a few weeks to more than a year, depending on the state. Connecticut suspends for 45 days, Michigan for 180 days, and Virginia for 1 year from conviction. Many states let you drive sooner with an ignition interlock or a restricted license. See the hardship license guide.
Is a First DUI a Felony?
Not on its own. A first DUI is a misdemeanor or less in every state checked. Serious injury, death, or in some states a child in the car can make even a first offense a felony. See is a DUI a felony.
Do I Need SR-22 Insurance After a First DUI?
Many states require proof of financial responsibility after a DUI. Nevada requires an SR-22 for 3 years after a first offense, Missouri for 2 years, and Virginia requires an FR-44 certification. See the SR-22 guide for every state.
Does a First DUI Stay on My Record Forever?
In many states the conviction stays on your criminal record unless your state allows sealing or expungement, and it can count as a prior if you are charged again within the lookback period. See how long a DUI stays on your record.
More on Penalties
- Is a DUI a Felony?When a DUI becomes a felony in each state
- Felony DUIRepeat-offense and injury felonies and how lookback periods work
- Underage DUIUnder-21 limits and penalties
- DUI With a CDLThe 0.04 limit and federal CDL disqualification
- DUI vs DWI vs OWIWhat each term means and which states use which
- What OWI MeansOperating while intoxicated, and the states that use the term
This guide explains DUI law in plain language from official sources. It isn't legal advice; laws differ by state and change, and a lawyer licensed in your state can advise on your case.