DUI Laws by State in the USA

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This is a list of DUI laws by State in the United States of America.

It is a severe and criminal offense in the United States to drive a vehicle with Blood Alcohol Content (BAC) of 0.08% or above in all States. This maximum limit prescribed legal alcohol limit for drivers is generally known as the “per se” limit.

44 States, D.C. and Guam in the U.S. have already increased the penalties for such drivers convicted at higher Blood Alcohol Contents (vary by states).

48 States, D.C., the Northern Mariana Islands, and the Virgin Islands in the U.S. have administrative license suspension on the first-time offense.

The penalties of a first-time offense of DUI (driving under the influence) differ by state. We can see that some countries use the term instead of DUI as

  • DWI- Driving while intoxicated.
  • OUI- Operating under the influence.

Common penalties include jail time, fines, community service, license suspension, and having to install an ignition interlock device (IID) in your vehicle.

If you had a BAC (blood alcohol concentration), the minimum penalties for a first-offense DUI are often increased by a minimum of 0.15% to higher.

All fifty states have, per se; laws are defining; it a crime to drive a vehicle with a blood alcohol content (BAC) level at or more than the prescribed threshold.

DUI Laws by State in the USA

Here are some of the penalties for DUI laws by state for a first DUI listed out by state:

StateMinimum JailFines & FeesMinimum License SuspensionIgnition Interlock Device Required
AlaskaMin. 72 hours$1,500Min. 90 daysYes
AlabamaNone$600 to $2,10090 DaysNo
Arkansas24 hours to 1 year$150 to $1,0006 monthsYes
ArizonaMin. 24 hours$250 base fine90 to 360 daysYes
California4 days to 6 months$1,400 to $2,60030 days to 10 monthsYes, in some counties
Connecticut2 days up to 6 months$500 to $1,0001 yearNo
ColoradoUp to 1 year (DUI), or up to 180 days (DWAI)Up to $1,000 (DUI), or up to $500 (DWAI)9 months (DUI), none for DWAINo
DelawareMax. 6 months$500 to $1,15001 to 2 yearsNo
D.C.Max 90 days$300 to $1,1006 monthsNo
Florida6 to 9 months$500 to $2,000180 days to 1 yearYes
Georgia24 hours to 1 year$300 to $1,000Up to 1 yearNo
HawaiiNone$150 to $1,00090 daysNo
IdahoUp to 6 monthsUp to $1,00090 to 180 daysNo
IllinoisUp to 1 yearUp to $2,500Min. 1 yearYes
Indiana60 days to 1 year$500 to $5,000Up to 2 yearsNo
Iowa48 hours up to 1 year$625 to $1,200180 daysYes, if BAC above .10
Kansas48 hour min.$750 to $1,00030 daysYes
KentuckyNone$600 to $2,10090 daysNo
Louisiana2 days to 6 months$1,00090 daysPossible
MassachusettsUp to 30 months$500 to $5,0001 yearNo
MarylandUp to 1 year (DUI); up to 2 months (DWI)Up to $1,000 (DUI); up to $500 (DWI)Min 6 months (DUI & DWI)No
MichiganUp to 93 daysFrom $100 to $500Up to 6 monthsPossible
MississippiUp to 48 hours$250 to $1,00090 daysNo
MinnesotaUp to 90 days$1,000Up to 90 daysYes
MissouriUp to 6 monthsUp to $50030 daysPossible
Montana2 days to 6 months$300 to $1,0006 monthsPossible
Nevada2 days to 6 months$400 to $1,00090 daysPossible
Nebraska7 to 60 daysUp to $500Up to 60 daysNo
New HampshireNone$500 to $1,2006 monthsNo
New JerseyUp to 30 days$250 to $5003 months to 1 yearPossible
New MexicoUp to 90 daysUp to $500Up to 1 yearYes
New YorkNone$500 to $1,0006 monthsYes
North Carolina24 hours (for level 5 offender) (however, if 3 aggravated factors are present — Level 1A — minimum of 12 months)$200 (for level 5 offendor)60 days to 1 yearNo
North DakotaNone$500 to $75091 to 180 daysNo
Oklahoma5 days to 1 yearUp to $1,00030 daysNo
Ohio3 days to 6 months$250 to $1,0006 months to 3 yearsNo
Oregon2 days or 80 hours community services$1,000 to $6,2501 yearYes
PennsylvaniaNone$300NoYes, if refusal to take chemical test
Rhode IslandUp to 1 year$100 to $5002 to 18 monthsNo
South DakotaUp to 1 year$1,00030 days to 1 yearNo
South Carolina48 hours to 90 days$400 to $1,0006 monthsNo
Texas3 to 180 daysUp to $2,00090 to 365 daysNo
Tennessee48 hours up to 11 months$350 to $1,5001 yearYes
Utah48 hours min.$700 min.120 daysNo
VirginiaMin. 5 daysMin. $2501 yearYes (if BAC .15 or above)
VermontUp to 2 yearsUp to $75090 daysNo
Washington24 hours to 1 year$865.50 to $5,00090 days to 1 yearYes
West VirginiaUp to 6 months$100 to $1,00015 to 45 daysPossible
WisconsinNone$150 to $3006 to 9 monthsNo
WyomingUp to 6 monthsUp to $75090 daysYes – if BAC .15 or above
Source: Wikipedia

It is common for some people to experience depression and anxiety after getting a first-time DUI. Being shocked at the initial arrest can create severe anxiety.

In this stage, you have to struggle with some emotions for example guilt, anger, sadness, and shame.

Furthermore, a DUI is a serious offense and the guilty person finds themselves facing severe consequences.

The common but ultimate penalties for driving under the influence (DUI) can include:
Heavy fines and fees.

  • A suspended or revoked license.
  • Jail time.
  • Increased insurance premiums.
  • Community service to address.

So, what are the effective steps that worth taking to mitigate the DUI damage? You can follow Life After DUI Tips.


Life after DUI Tips: Simple Steps for Rebuilding Your Life.

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