DUI Penalties by State: What You Need to Know Before You Drive
Driving under the influence (DUI) is a serious offense in every U.S. state—but the penalties for a DUI conviction vary widely depending on where you’re caught. From fines and jail time to license suspension and mandatory education programs, understanding DUI laws by state can help you stay informed and avoid costly mistakes.
In this guide, we break down how DUI penalties differ across the country and what you can expect if you’re arrested for drunk driving.
What Is a DUI?
A DUI—also known as DWI (driving while intoxicated) in some states—refers to operating a vehicle with a blood alcohol concentration (BAC) at or above the legal limit. In most states, that limit is:
0.08% for drivers 21 and over
0.04% for commercial drivers
0.00–0.02% for drivers under 21 (zero-tolerance laws)
Common DUI Penalties in the U.S.
Although laws vary, most states impose a combination of the following penalties for a first-time DUI offense:
Fines and court fees
Driver’s license suspension or revocation
Jail time or probation
DUI education or treatment programs
Ignition interlock device (IID) installation
Let’s explore how these penalties play out state by state.
DUI Penalties by State (Overview)
California
Jail time: Up to 6 months
Fines: $390–$1,000 (plus thousands in penalty assessments)
License suspension: 6 months
IID: Required for most first-time offenders
Texas
Jail time: 3–180 days
Fines: Up to $2,000
License suspension: 90 days to 1 year
IID: Possible for first offenses, mandatory for repeat
Florida
Jail time: Up to 6 months (9 if BAC is .15+ or child is in car)
Fines: $500–$1,000
License suspension: 180 days to 1 year
IID: Required if BAC is .15+ or repeat offense
New York
Jail time: Up to 1 year
Fines: $500–$1,000
License suspension: Minimum 6 months
IID: Mandatory for 6 months for all convictions
Nevada
Jail time: 2 days to 6 months
Fines: $400–$1,000
License suspension: 185 days
IID: Mandatory for BAC of .08+ for 185 days
Arizona
Jail time: Minimum 10 days
Fines: Minimum $1,250
License suspension: 90–360 days
IID: Required for 1 year
States with the Harshest DUI Penalties
Some states are known for taking a tougher stance on DUIs. Arizona, Utah, and Georgia rank among the strictest, with long license suspensions, mandatory jail time, and heavy fines—even for first offenses.
States with More Lenient DUI Laws
On the flip side, South Dakota, Montana, and Pennsylvania are often cited for comparatively lighter penalties. However, even in these states, a DUI can lead to lasting consequences on your driving record, insurance premiums, and employment opportunities.
Repeat Offenders Face Harsher Penalties
While first-time DUIs are serious, repeat offenses carry much more severe penalties, including:
Longer jail or prison time
Heavier fines (up to $10,000 or more)
Extended license revocation
Required alcohol treatment
Permanent criminal record
Many states also implement “look-back periods” (ranging from 5 to 15 years), during which a new DUI counts as a repeat offense.
DUI and Out-of-State Drivers
Got a DUI in a state you don’t live in? Most states participate in the Driver License Compact (DLC), meaning they’ll report your DUI back to your home state. This could lead to additional penalties or license suspension at home.
How to Protect Yourself
If you’re facing DUI charges, here are a few important steps:
Contact a local DUI attorney who understands your state’s laws
Request a DMV hearing immediately (in many states you have limited time)
Do not skip court dates
Avoid driving on a suspended license, which adds additional charges
Final Thoughts
No matter where you are in the U.S., a DUI conviction can have serious consequences—legally, financially, and personally. While penalties vary by state, one thing is consistent: states are cracking down on impaired driving to improve road safety.
If you plan to drink, use a rideshare app, designate a sober driver, or stay where you are. Knowing the DUI penalties in your state might just save your wallet—and your life.
