Drunk driving is a serious offense that can result in significant legal, financial, and personal consequences, including fines, license suspension or revocation, mandatory alcohol education or treatment programs, and jail time.
This article is a comprehensive guide to DUI/DWI laws in the United States, providing a state-by-state breakdown of the minimum jail time, minimum fines, minimum license suspension, enhanced penalties for high blood alcohol concentration (BAC), and whether an ignition interlock device is required for each state.
DUI/DWI laws vary from state to state, but generally, it is illegal to operate a motor vehicle with a blood alcohol concentration above a certain level. The legal BAC limit is 0.08% in all 50 states, but some states have lower limits for certain drivers, such as commercial drivers or drivers under the age of 21.
Additionally, all states have implied consent laws, which means that drivers who refuse to take a chemical test to determine their BAC can face automatic license suspension or revocation. Field sobriety tests, such as the walk-and-turn or one-leg stand, are often used to determine if a driver is impaired, but these tests are not always reliable.
Penalties for DUI/DWI offenses can include fines, license suspension or revocation, community service, mandatory alcohol education or treatment programs, and even jail time. Aggravating factors, such as multiple offenses, high BAC levels, or causing injury or death, can lead to increased penalties.
A DUI/DWI conviction can have a significant impact on your driver's license. In most states, a first-time DUI/DWI offense can result in a license suspension of 90 days to one year, depending on the circumstances of the case. Subsequent offenses can result in longer suspensions or even license revocation. In some cases, you may be eligible for a restricted license that allows you to drive to work, school, or other necessary activities.
To reinstate your license after a suspension or revocation, you will typically need to pay a reinstatement fee, complete an alcohol education or treatment program, and possibly retake the driver's test. In some states, you may also be required to install an ignition interlock device in your vehicle, which requires you to pass a breathalyzer test before starting the car. It is important to understand the specific requirements for reinstating your license in your state and to work with an attorney who can help you navigate the process.
Last reviewed June 4, 2023
| State | Minimum Jail Time | Minimum Fine For First Offense | Minimum License Suspension for First Offense | Enhanced Penalties for High BAC | Ignition Interlock Device Required |
| Alabama | None | $600 | 90 Days or Ignition Interlock Device for 6 months | Yes | No |
| Alaska | 72 hours | $1,500 | 90 days (restricted license available after 30 days) | Yes | Yes |
| Arizona | 24 hours | $250 | 90 days (restricted license possible) | Yes | Yes |
| Arkansas | 24 hours | $150 | 6 months | Yes | Yes |
| California | 96 hours including 48 consecutive hours
(Probation possible in lieu of jail time) |
$390 | 4 months administrative suspension
6 months criminal suspension |
Yes | Yes, in some counties |
| Colorado | 120 hours | $600 | 90 day administrative suspension
9 month criminal suspension |
Yes | No |
| Connecticut | 48 hours or 100 hours of community service | $500 | 45 days (restricted license possible) | N/A | Yes |
| Delaware | None | $500 | 3 month administrative suspension
12 to 24 month criminal suspension depending on BAC |
Yes | No |
| District of Columbia | None | $500 | 6 months | Yes | No |
| Florida | 8 hours | $500 | 6 months (restricted license possible) | Yes | Yes |
| Georgia | 24 hours | $300 | 1 year (restricted license possible) | Yes | No |
| Hawaii | 48 hours | $150 | 90 days (restricted license possible) | Yes | No |
| Idaho | None | None | 90 days (restricted license possible after 30 days) | Yes | No |
| Illinois | 5 days(or 240 hours of community service) | $750 | 6 month administrative suspension
1 year criminal suspension (restricted license Possible) |
Yes | Yes |
| Indiana | None | None | 180 day administrative suspension (restricted license possible) | Yes | No |
| Iowa | 48 hours | $1,200 (or community service) | 180 days (restricted license possible) | Yes | Yes, if BAC above .10 |
| Kansas | 48 hours | $750 | 30 days + restricted license for 180 days | Yes | Yes |
| Kentucky | 48 hours (or community service) | $200 (or community service) | 30 days (restricted license possible) | Yes | Yes |
| Louisiana | 48 hours (or community service) | $300 | 90 days (restricted license possible after 30 days) | Yes | Possible |
| Maine | None | $500 | 150 days (restricted license possible after 30 days) | Yes | Possible |
| Maryland | None | None | 180 days (or ignition interlock device) | Yes | Yes |
| Massachusetts | None | $500 | 1 year (restricted license possible after 3 months) | Yes | No |
| Michigan | None | $100 | 30 days + restricted license for 150 days | Yes | Possible |
| Minnesota | None | None | 90 days (restricted license possible) | Yes | Possible |
| Mississippi | None | $250 | 120 days (restricted license possible) | N/A | Possible |
| Missouri | None | None | 30 days + restricted license for 60 days | Yes | Possible |
| Montana | 24 hours | $600 | 6 months (restricted license possible) | Yes | Possible |
| Nebraska | 7 days | $500 | 6 months (restricted license possible) | Yes | Possible |
| Nevada | 48 hours (or community service) | $400 | 90 days (restricted license possible) | Yes | Possible |
| New Hampshire | None | $500 | 6 month administrative suspension
9 months criminal suspension (restricted license possible) |
Yes | Possible |
| New Jersey | 12 hours | $250 | 3 months (restricted license possible) | Yes | Possible |
| New Mexico | None (24 hours community service required) | $300 | 6 months | Yes | Yes |
| New York | None | $500 | 6 months (restricted license possible) | Yes | Yes |
| North Carolina | 24 hours (or community service) | None | 30 day administrative suspension
1 year criminal suspension (restricted license possible) |
Yes | Possible |
| North Dakota | None | $500 | 91 days (restricted license possible) | Yes | Possible |
| Ohio | 72 hours | $375 | 90 day administrative suspension
1 year criminal suspension (restricted license possible) |
Yes | Possible |
| Oklahoma | 10 days | None | 180 days (restricted license possible) | Yes | Possible |
| Oregon | 48 hours (or 80 hours community service) | $1,000 | 90 day administrative suspension
1 year criminal suspension |
Yes | Yes |
| Pennsylvania | None (6 nonths probation) | $300 | None | Yes | Yes, if refusal to take chemical test or a first-time DUI offender with high BAC levels |
| Rhode Island | None (10 hours of community service) | $100 | 30 days | Yes | Yes |
| South Carolina | 48 hours (or community service) | $400 | 6 months (restricted license possible) | Yes | Possible |
| South Dakota | None | None | 30 days (restricted license possible) | Yes | No |
| Tennessee | 48 hours *or community service) | $350 | 1 year (restricted license possible) | Yes | Yes |
| Texas | 72 hours | None | 90 days (restricted license possible) | Yes | Possible |
| Utah | 48 hours (or community service) | $700 | 120 days (restricted license possible) | Yes | Yes |
| Vermont | None | $750 | 90 days (restricted license possible) | Yes | Possible |
| Virginia | None | $250 | 7 day administrative suspension
1 year criminal revocation (restricted license possible) |
Yes | Yes |
| Washington | 24 hours | $350 | 90 days (restricted license possible) | Yes | Yes |
| West Virginia | None | $100 | 6-month revocation or 15-day revocation +120-day restricted license | Yes | Possible |
| Wisconsin | None | $150 | 6 months (restricted license possible) | Yes | Possible |
| Wyoming | None | None | 90 days (restricted license possible) | Yes | Yes - if BAC .15 or above |
Getting charged with a DUI can be a stressful and overwhelming experience. However, it's essential to understand that you have legal rights and options available to you. Consulting with a DUI lawyer can provide you with invaluable advice and guidance throughout the legal process, including plea negotiations and representation in court. A DUI lawyer can help you understand the potential consequences of a conviction, and work with you to build a strong defense strategy.
