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DUIFinders.com
Court · 2026-02-03

DUI Penalties by State: Complete 2026 Guide

Compare DUI penalties across all 50 states including fines, jail time, license suspension, and more.

DUI penalties vary dramatically from state to state. Some states like Arizona impose mandatory jail time for first offenses, while others like Wisconsin don't even treat a first OWI as a criminal offense.

Strictest DUI States

Arizona, Alaska, Georgia, Oklahoma, and Nebraska consistently rank among the toughest on DUI offenders with mandatory jail time, high fines, and long license suspensions.

Most Lenient DUI States

Wisconsin (first offense is civil), South Dakota, North Dakota, and Vermont tend to have lighter penalties for first offenses.

BAC Limits

49 states set the limit at 0.08%. Utah is the exception at 0.05%. All states set 0.04% for commercial drivers.

Lookback Periods

States use lookback periods to determine if your offense is a 1st, 2nd, or 3rd offense. These range from 5 years (Alabama, Mississippi) to lifetime (Colorado, Illinois, Massachusetts, Texas).

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