Not all DUI or DWI laws are created equal. Indeed, each state determines the severity of the crime and possible punishments. In most states it is a serious criminal offense, but in other states a first-time offense is merely a civil infraction. In some states the judge will have discretion on how to enforce punishment, while in others the law calls for mandatory sentences. This chart identifies certain DUI-related criminal and administrative penalties used in each state:
StateAdministrative License Suspension/Revocation (1st/2nd/3rd Offense)
Mandatory Alcohol Education and Treatment/Assessment
Vehicle Confiscation Possible?
Ignition Interlock Device Possible?
AL
90d/ 1y/ 3ys
Both
No
No
AK
90d/ 1y/ 3ys
Both
Yes
Yes
AZ
90d/ 360d/ 360 d
Both
YesÂ
Yes
AR
120d/ 24m/ 30m
Both
YesÂ
Yes
CA
6m/ 2y/ 3y
Both (Education if under 21)
Yes
Yes
CO
9m/ 1y/ 2y
Both
No
Yes
CT
1y/ 3y/ permanent
Both
No
2nd offense
DE
12-24m/ 24-30/ 24-36m
BothÂ
Yes
Yes
DC
6m/ 2y/ 3ys
No
No
Yes
FL
180 days/ 5y/ 10ys
Both
Yes
Yes
GA
1y/ 3y/ 5y
Both
Yes
2nd offense
HI
3m/ 1y/ 1-5y
Both
No
Yes
ID
90d/ 1y/ 1-5y
No
No
Yes
IL
1y/ 5y/ up to 10y
Possible
YesÂ
2nd offense
IN
2 y/ 180d-2y/ 180d
No
Yes
Yes
IA
180d/ 2y/ 6y
Education
2nd offense
Yes
KS
30d/ 1y/ 1y
Either (not both)
No
2nd offense
KY
90d/ 1y/ 3ys
Both
Yes
Yes
LA
90d/ 1y/ 2y
Treatment/Assessment
3rd offense
2nd offense
ME
90d/ 3y/ 6ys
Both
Yes
Yes
MD
6m/ 1 y/ 18m
Yes
No
Yes
MA
90d/ 3y/ 6y
Both
Yes
Yes
MI
6m/ 1y/ 1y
Both
2nd offense
2nd offense
MN
90d/ 180d/ 1y
Treatment/ Assessment - 3rd offense
3rd offense
Yes
MS
90d/ 2y/ 5y
Both
3rd offense
Yes
MO
30d/ 1y/ 1y
Both
in limited circumstances
Yes
MT
6m/ 1y/ 1y
Both
3rd offense
Yes
NE
60d/ 1y/ 2-15y
No
No
Yes
NV
90d/ 1y/ 3y
Both - in limited circumstances
No
Yes
NH
6m/ 3y/ 5y-Indefinitely
Both
No
Yes
NJ
7m/ 2y/ 10y
Both
No
Yes
NM
1y/ 2y/ 3y
Both
No
2nd offense
NY
6m 1y/ 6y
Both
2nd offense
Yes
NC
60d-1y/ 1-4y/ 1yr-Indefinitely
Both - in limited circumstances
4th offense
Yes
ND
91d/ 1y/ 2y
Treatment/ Assessment
2nd offense
Yes
OH
6m/ 1-5y/ 1-10y
Treatment/ Assessment - 3rd off.
4th offense
Yes
OK
30d/ 6m/ 1y
Both - in limited circumstances
in limited circumstances
Yes
OR
1y/ 3y/ Indefinitely
Both
Yes
Yes
PA
Up to 1y/ 1y/ 1y
Both - 2nd offense
Yes
2nd offense
RI
2-18m/ 1-2y/ 2y
Both
3rd offense
Yes
SC
6m/ 1y/ 2y
Both - in limited circumstances
4th offense
Yes
SD
30d-1 yr/ 180 days-1yr/ 1y or more
No
No
No
TN
1y/ 2y/ 3-10y
Both - in limited circumstances
2nd offense
Yes
TX
90d-1 yr/ 180d/ 180d-2yrs
No
3rd offense
in limited circumstances
UT
120d/ 2y/ 2yr
Both
No
Yes
VT
90d/ 18m/ permanent
Education - in limited circumstances
3rd offense
No
VA
1y/ 3y/ permanent
Both
Yes
Yes
WA
90d/ 2y/ 3y
Both
2nd offense
Yes
WV
15=45d/ 1y/ 1y
Both - in limited circumstances
No
Yes
WI
6m/ 1y/ 2y
Both - in limited circumstances
3rd offense
Yes
WY
90d/ 1y/ 3y
Treatment/ Assessment - 3rd offense
No
Yes
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 a fine, 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.
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose blood alcohol concentration (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 defined as 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.
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.
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.
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.
State laws differ quite a bit with respect to penalties for DUI offenses, even though all states now conform to the 0.08 percent BAC limit for impaired driving. If you've been charged with a DUI or recently arrested for the offense, consult with an experienced DUI attorney to ensure that your interests are being protected.
