DUI Statistics by State (2026)
Complete side-by-side comparison of DUI penalties, costs, suspension lengths, and IID requirements across all 50 states. Data sourced from state statutes, NHTSA, and state DMV websites.
Complete 50-State DUI Comparison
Scroll horizontally to view all columns. Click any state name for the full guide.
| State | BAC | Term | 1st Offense Fine | 1st Offense Jail | License Suspension | IID Req. | Lookback | Mand. Jail | Expunge? | Felony At | SR-22/Insurance |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Alabama | 0.08% | DUI | $600–$2,100 | Up to 1 year | 90-day suspension | ✅ All | 5 yr | ❌ No | ❌ No | 4th offense | SR-22 required for 3 years |
| Alaska | 0.08% | DUI | $1,500–$25,000 | 72 hours minimum | 90-day revocation | ⚠️ Some | 15 yr | ✅ Yes | ❌ No | 3rd offense | SR-22 required for 3 years |
| Arizona | 0.08% | DUI | $1,250+ | 10 days (9 suspended) | 90-day suspension | ✅ All | 7 yr | ✅ Yes | ❌ No | 3rd offense in 7 years | SR-22 required for 3 years |
| Arkansas | 0.08% | DWI | $150–$1,000 | 24 hours–1 year | 6-month suspension | ⚠️ Some | 5 yr | ✅ Yes | ✅ Yes | 4th offense | SR-22 required for 3 years |
| California | 0.08% | DUI | $390–$1,000 | 48 hours–6 months | 6-month suspension | ✅ All | 10 yr | ✅ Yes | ✅ Yes | 4th offense in 10 years | SR-22 required for 3 years |
| Colorado | 0.08% | DUI/DWAI | $600–$1,000 | 5 days–1 year | 9-month revocation | ⚠️ Some | Lifetime | ✅ Yes | ❌ No | 4th offense (lifetime) | SR-22 required for 3 years |
| Connecticut | 0.08% | DUI/OUI | $500–$1,000 | Up to 6 months (48 hours mandatory) | 45-day suspension | ✅ All | 10 yr | ✅ Yes | ✅ Yes | 2nd offense | SR-22 not required (uses FR-6) |
| Delaware | 0.08% | DUI | $500–$1,500 | Up to 6 months | 12-month revocation (IID eligible at 1 month) | ⚠️ Some | 10 yr | ❌ No | ❌ No | 3rd offense | SR-22 required for 3 years |
| Florida | 0.08% | DUI | $500–$1,000 | Up to 6 months | 180 days–1 year revocation | ⚠️ Some | Varies (5/10/lifetime) | ❌ No | ❌ No | 3rd offense within 10 years or 4th offense | SR-22 required for 3 years |
| Georgia | 0.08% | DUI | $300–$1,000 | 24 hours–12 months | 1-year suspension (limited permit available) | ⚠️ Some | 10 yr | ✅ Yes | ❌ No | 4th offense in 10 years | SR-22 required for 3 years |
| Hawaii | 0.08% | OVUII | $150–$1,000 | 48 hours–5 days | 1-year revocation | ✅ All | 10 yr | ✅ Yes | ✅ Yes | Habitually charged (3+ in 10 years) | SR-22 required for 3 years |
| Idaho | 0.08% | DUI | Up to $1,000 | Up to 6 months | 90–180 day suspension | ⚠️ Some | 10 yr | ❌ No | ✅ Yes | 3rd offense in 10 years | SR-22 required for 3 years |
| Illinois | 0.08% | DUI | Up to $2,500 | Up to 1 year | 6-month suspension (1 year if test refused) | ⚠️ Some | Lifetime | ❌ No | ❌ No | 3rd offense (aggravated DUI) | SR-22 required for 3 years |
| Indiana | 0.08% | OWI | Up to $5,000 | Up to 60 days | Up to 2-year suspension | ⚠️ Some | Lifetime | ❌ No | ✅ Yes | 2nd offense (with prior within 7 years) | SR-22 required for 3 years |
| Iowa | 0.08% | OWI | $1,250 | 48 hours–1 year | 180-day revocation | ✅ All | 12 yr | ✅ Yes | ❌ No | 3rd offense | SR-22 required for 2 years |
| Kansas | 0.08% | DUI | $750–$1,000 | 48 hours–6 months | 30-day suspension + 180 days restricted | ✅ All | Lifetime | ✅ Yes | ✅ Yes | 3rd offense | SR-22 required for 3 years |
| Kentucky | 0.08% | DUI | $200–$500 | 2–30 days | 30–120 day suspension | ⚠️ Some | 10 yr | ✅ Yes | ✅ Yes | 4th offense in 10 years | SR-22 required for 3 years |
| Louisiana | 0.08% | DWI | $300–$1,000 | 10 days–6 months (2 days mandatory or 32 hours community service) | 90-day suspension | ✅ All | 10 yr | ✅ Yes | ✅ Yes | 3rd offense | SR-22 required for 3 years |
| Maine | 0.08% | OUI | $500+ | Up to 364 days (48 hours mandatory if BAC ≥ 0.15%) | 150-day suspension | ⚠️ Some | 10 yr | ❌ No | ❌ No | 3rd offense (Class C crime) | SR-22 required for 3 years |
| Maryland | 0.08% | DUI/DWI | Up to $1,000 | Up to 1 year | 6-month suspension | ✅ All | 5 yr | ❌ No | ✅ Yes | No felony DUI statute (penalties increase) | SR-22 not required (uses FR-19) |
| Massachusetts | 0.08% | OUI | $500–$5,000 | Up to 2.5 years | 1-year suspension | ⚠️ Some | Lifetime | ❌ No | ❌ No | 3rd offense | SR-22 not required |
| Michigan | 0.08% | OWI | $100–$500 | Up to 93 days | 30-day suspension + 150 days restricted | ⚠️ Some | Lifetime | ❌ No | ✅ Yes | 3rd offense (lifetime) | SR-22 required for 3 years |
| Minnesota | 0.08% | DWI | Up to $1,000 | Up to 90 days | 90-day revocation | ⚠️ Some | 10 yr | ❌ No | ✅ Yes | 4th offense in 10 years | SR-22 required for 6 years |
| Mississippi | 0.08% | DUI | $250–$1,000 | Up to 48 hours | 90-day suspension (30-day hard) | ⚠️ Some | 5 yr | ❌ No | ✅ Yes | 3rd offense | SR-22 required for 3 years |
| Missouri | 0.08% | DWI | Up to $1,000 | Up to 6 months | 30-day suspension + 60 days restricted | ⚠️ Some | 5 yr | ❌ No | ✅ Yes | 3rd offense (persistent offender) | SR-22 required for 5 years |
| Montana | 0.08% | DUI | $600–$1,000 | Up to 6 months (24 hours mandatory) | 6-month suspension | ⚠️ Some | 10 yr | ✅ Yes | ❌ No | 4th offense (lifetime) | SR-22 required for 3 years |
| Nebraska | 0.08% | DUI | $500 | 7–60 days | 6-month revocation | ✅ All | 15 yr | ✅ Yes | ❌ No | 3rd offense | SR-22 required for 3 years |
| Nevada | 0.08% | DUI | $400–$1,000 | 2 days–6 months (or 48–96 hours community service) | 185-day revocation | ⚠️ Some | 7 yr | ✅ Yes | ✅ Yes | 3rd offense in 7 years | SR-22 required for 3 years |
| New Hampshire | 0.08% | DWI | $620+ | None (unless aggravated) | 9-month revocation | ⚠️ Some | 10 yr | ❌ No | ✅ Yes | 4th offense | SR-22 required for 3 years |
| New Jersey | 0.08% | DWI | $250–$400 | Up to 30 days | 3-month suspension (until IID installed) | ✅ All | 10 yr | ❌ No | ❌ No | DUI is not a criminal offense in NJ (but penalties increase) | SR-22 not required (NJ uses own system) |
| New Mexico | 0.08% | DWI | Up to $500 | Up to 90 days (24 hours mandatory) | 1-year revocation | ✅ All | 10 yr | ✅ Yes | ✅ Yes | 4th offense (lifetime) | SR-22 required for 3 years |
| New York | 0.08% | DWI/DWAI | $500–$1,000 | Up to 1 year | 6-month revocation | ✅ All | 10 yr | ❌ No | ❌ No | 2nd offense within 10 years | SR-22 required for 3 years |
| North Carolina | 0.08% | DWI | Up to $200 | 24 hours–60 days | 1-year revocation | ⚠️ Some | 7 yr | ✅ Yes | ❌ No | Habitual DWI (3rd in 7 years) | SR-22 required for 3 years |
| North Dakota | 0.08% | DUI | $500+ | Up to 30 days (2 days mandatory if BAC ≥ 0.16%) | 91-day suspension | ✅ All | 7 yr | ❌ No | ❌ No | 4th offense in 15 years | SR-22 required for 3 years |
| Ohio | 0.08% | OVI | $375–$1,075 | 3 days–6 months (3 days mandatory or 72 hours driver intervention) | 1–3 year suspension | ⚠️ Some | 10 yr | ✅ Yes | ❌ No | 4th offense in 10 years | SR-22 required for 3 years |
| Oklahoma | 0.08% | DUI | Up to $1,000 | 10 days–1 year | 180-day revocation | ✅ All | 10 yr | ✅ Yes | ✅ Yes | 2nd offense | SR-22 required for 3 years |
| Oregon | 0.08% | DUII | $1,000–$6,250 | 48 hours–1 year | 1-year suspension | ✅ All | Lifetime | ✅ Yes | ❌ No | 3rd offense (lifetime) | SR-22 required for 3 years |
| Pennsylvania | 0.08% | DUI | $300 | Up to 6 months (72 hours mandatory if BAC ≥ 0.10%) | 12-month suspension (no suspension if BAC < 0.10% and no prior) | ⚠️ Some | 10 yr | ❌ No | ✅ Yes | 3rd offense (highest BAC tier) | SR-22 not required |
| Rhode Island | 0.08% | DUI | $100–$300 | 10 days–1 year (10–60 hours community service alternative) | 30–180 day suspension | ⚠️ Some | 5 yr | ❌ No | ❌ No | 3rd offense | SR-22 required for 3 years |
| South Carolina | 0.08% | DUI | $400 | 48 hours–30 days | 6-month suspension | ✅ All | 10 yr | ✅ Yes | ✅ Yes | 4th offense (felony DUI) | SR-22 required for 3 years |
| South Dakota | 0.08% | DUI | Up to $2,000 | Up to 1 year | 30-day revocation + 30 days restricted | ⚠️ Some | 10 yr | ❌ No | ❌ No | 3rd offense | SR-22 required for 3 years |
| Tennessee | 0.08% | DUI | $350–$1,500 | 48 hours–11 months 29 days | 1-year revocation | ✅ All | 10 yr | ✅ Yes | ✅ Yes | 4th offense | SR-22 required for 3 years |
| Texas | 0.08% | DWI | Up to $2,000 | 72 hours–180 days | 90 days–1 year suspension | ⚠️ Some | Lifetime | ✅ Yes | ❌ No | 3rd offense (3rd degree felony) | SR-22 required for 2 years |
| Utah | 0.05% | DUI | $1,310+ | 48 hours minimum (or 48 hours community service) | 120-day suspension | ✅ All | 10 yr | ✅ Yes | ✅ Yes | 3rd offense in 10 years | SR-22 required for 3 years |
| Vermont | 0.08% | DUI | Up to $750 | Up to 2 years | 90-day suspension | ⚠️ Some | Lifetime | ❌ No | ✅ Yes | 3rd offense | SR-22 required for 3 years |
| Virginia | 0.08% | DUI/DWI | $250 | Up to 12 months (5 days mandatory if BAC ≥ 0.15%) | 1-year revocation | ✅ All | 10 yr | ❌ No | ❌ No | 3rd offense within 10 years | SR-22 not required (uses FR-44) |
| Washington | 0.08% | DUI | $350–$5,000 | 1–364 days (24 hours mandatory) | 90-day suspension | ✅ All | 7 yr | ✅ Yes | ❌ No | 4th offense in 10 years | SR-22 required for 3 years |
| West Virginia | 0.08% | DUI | $100–$500 | Up to 6 months (24 hours mandatory) | 15-day suspension + 6 months IID | ✅ All | 10 yr | ✅ Yes | ✅ Yes | 3rd offense | SR-22 required for 3 years |
| Wisconsin | 0.08% | OWI | $150–$300 | None | 6–9 month revocation | ⚠️ Some | Lifetime | ❌ No | ❌ No | 4th offense (lifetime) | SR-22 required for 3 years |
| Wyoming | 0.08% | DUI | Up to $750 | Up to 6 months | 90-day suspension | ⚠️ Some | 10 yr | ✅ Yes | ✅ Yes | 4th offense in 10 years | SR-22 required for 3 years |
BAC Limits Across All 50 States
Standard Drivers (21+)
49 states use a 0.08% BAC limit. Utah is the only state with a lower limit of 0.05%, enacted in December 2018. This makes Utah the strictest state for standard BAC limits.
Commercial Drivers
All 50 states enforce a 0.04% BAC limit for commercial driver's license (CDL) holders, per federal FMCSA regulations. A CDL DUI can result in disqualification even in a personal vehicle.
Under 21 (Zero Tolerance)
Most states enforce 0.02% for drivers under 21. Several states — including Alaska, Arizona, Illinois, Maine, Minnesota, North Carolina, Oklahoma, Oregon, Texas, and Utah — enforce absolute 0.00% zero-tolerance laws.
DUI Lookback Periods by State
The lookback period determines how far back courts look for prior DUI offenses when sentencing. A longer lookback means prior offenses count against you for more years.
DUI Expungement Availability
✅ Expungement Available (25 states)
States with Mandatory Minimum Jail for First DUI
27 states require mandatory minimum jail time even for a first-offense DUI. This means a judge cannot sentence you to probation only — some jail time is required by law.
Data Sources & Methodology
All data on this page is compiled from publicly available sources and updated for 2026:
- • State Statutes — Primary source for BAC limits, penalty ranges, lookback periods, and felony thresholds
- • NHTSA (National Highway Traffic Safety Administration) — Federal impaired driving data and state law summaries
- • State DMV Websites — License suspension periods, reinstatement procedures, IID requirements, and SR-22/FR-44 filing requirements
- • MADD (Mothers Against Drunk Driving) — State law ratings and advocacy reports
- • Governors Highway Safety Association — State highway safety policy data
Cost estimates are based on aggregate data from attorney fee surveys, insurance industry reports, and state court fee schedules. Actual costs vary by jurisdiction, case specifics, and individual circumstances. "Estimated total cost" includes fines, attorney fees, DUI classes, IID installation and leasing, insurance premium increases over 3 years, reinstatement fees, and incidental costs.
Facing DUI Charges?
An experienced DUI attorney can make a significant difference in your case outcome. Connect with a local attorney for a free consultation.
Find a DUI Attorney →Frequently Asked Questions
Which state has the harshest DUI penalties?
Arizona is widely considered to have the strictest DUI laws, with mandatory jail time even for first offenders (minimum 10 days, 9 suspended), mandatory IID for all convictions, and a 7-year lookback period. Alaska also has severe penalties with mandatory 72-hour minimum jail and fines up to $25,000.
Which state has the lowest BAC limit?
Utah has the lowest BAC limit at 0.05%, reduced from 0.08% in 2018. All other 49 states maintain the 0.08% standard BAC limit for drivers 21 and over.
How many states require ignition interlock for first offense?
As of 2026, 34 states plus DC require ignition interlock devices for all DUI offenses including first offense. The remaining states require IID only for repeat offenders or high-BAC cases.
Which states allow DUI expungement?
Approximately 20 states allow some form of DUI expungement or record sealing, including California, Ohio, Arkansas, and Wyoming. States like Arizona, Florida, and Alaska do not allow DUI expungement.
What is the average cost of a first DUI?
The average total cost of a first DUI ranges from $10,000 to $25,000 when combining court fines, attorney fees, DUI classes, ignition interlock, insurance increases, and other associated costs.