Guide Rankings Law Updated June 22, 2026

DUI Penalties by State

Police officer conducting a roadside sobriety checkpoint at night in the United States

DUI Penalties by State

Ranking - Law

Alaska mandates 72 hours of jail for a first DUI — the longest mandatory minimum of any state. Wisconsin is the only state where a standard first offense is a civil infraction, not a crime. All states set the BAC limit at 0.08%; Utah is the exception at 0.05%.

Quick Answer

DUI Penalties by State

  1. 1

    Alaska mandates 72 hours of jail for a first DUI, the longest mandatory minimum of any state. Arizona mandates 10 days, though 9 may be served as home detention with an ignition interlock installed.

  2. 2

    Wisconsin is the only state where a first DUI offense is a civil infraction rather than a crime. The maximum fine is $300 and no jail time is imposed. Maryland and Connecticut suspend a first offender's license for just 45 days, the shortest of any state.

  3. 3

    Utah sets the lowest BAC limit in the country at 0.05%, below the 0.08% standard used by all other states. 6 states require mandatory jail time for a standard first offense with no community service substitution: Alaska, Arizona, Georgia, Montana, Tennessee, and Utah.

Map

DUI Penalty Strictness by State 2026

Strictness
Very Strict
Strict
Moderate
Lenient
6 states in dark red require mandatory jail for a first DUI: Alaska, Arizona, Georgia, Montana, Tennessee, and Utah. Wisconsin in light green is the only state where a first offense is a civil infraction.
DUI Penalty Strictness by State 2026
State Strictness
Alaska Very Strict
Arizona Very Strict
Georgia Very Strict
Montana Very Strict
Tennessee Very Strict
Utah Very Strict
Alabama Strict
Hawaii Strict
Illinois Strict
Iowa Strict
Kansas Strict
Louisiana Strict
Massachusetts Strict
Mississippi Strict
Nevada Strict
New Mexico Strict
Oregon Strict
Texas Strict
Virginia Strict
Arkansas Moderate
California Moderate
Colorado Moderate
Delaware Moderate
Florida Moderate
Idaho Moderate
Indiana Moderate
Maine Moderate
Michigan Moderate
Minnesota Moderate
Missouri Moderate
Nebraska Moderate
New Hampshire Moderate
New York Moderate
North Carolina Moderate
North Dakota Moderate
Ohio Moderate
Oklahoma Moderate
Pennsylvania Moderate
Rhode Island Moderate
South Carolina Moderate
South Dakota Moderate
Vermont Moderate
Washington Moderate
West Virginia Moderate
Wyoming Moderate
Connecticut Lenient
Kentucky Lenient
Maryland Lenient
New Jersey Lenient
Wisconsin Lenient

6 states in dark red require mandatory jail for a first DUI: Alaska, Arizona, Georgia, Montana, Tennessee, and Utah. Wisconsin in light green is the only state where a first offense is a civil infraction.

DUI Penalties by State Table

Strictness

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Print-ready table — DUI Penalties by State

States with Mandatory Jail for a First DUI

Law enforcement officer conducting a sobriety checkpoint at night in the United States
Alaska requires 72 hours of mandatory jail for a first DUI conviction. Arizona requires 10 days, of which 9 may be served as home detention with an ignition interlock installed.
Highway sign in Utah showing speed limits and road conditions
Utah lowered its BAC limit to 0.05% in December 2018, making it the only state below the federal 0.08% standard. A first offense at 0.05% carries 48 hours mandatory jail and a $700 minimum fine.

6 states require actual jail time for a standard first DUI with no community service substitution: Alaska (72 hours), Tennessee and Utah (48 hours each), Arizona (minimum 1 day), and Georgia and Montana (24 hours each). Alaska's 72-hour requirement is the longest mandatory minimum of any state.

Utah doubles as the strictest state on BAC limits: its 0.05% threshold, the only sub-0.08% limit in the country, took effect December 30, 2018. A driver at 0.05% in Utah faces the same mandatory 48-hour jail minimum as one at 0.08%.

States with the Lowest DUI Penalties

Wisconsin is the only state where a standard first OWI offense is a civil forfeiture rather than a criminal charge. The maximum fine is $300 and no jail time is imposed. Connecticut and Maryland tie for the shortest license suspension in the country at 45 days each.

Kentucky and New Jersey cap the base fine for a first offense at $500 and $400 respectively. New Jersey adds a $1,000 annual surcharge for 3 years after conviction, raising the total cost significantly above the face fine.

Quick Answers

What state has the strictest DUI laws
Alaska requires 72 hours of mandatory jail for a first DUI — the longest mandatory minimum of any state. Arizona requires 10 days (minimum 1 day in jail with 9 days of home detention available). Utah is the strictest on BAC limits, at 0.05% versus the 0.08% standard everywhere else.
What is the penalty for a first DUI in Texas
Texas carries no mandatory minimum jail time for a standard first DUI. The maximum fine is $2,000, plus a $3,000 state surcharge applied on first convictions. License suspension runs 90 to 365 days, and up to 180 days in jail is possible at the judge's discretion.
Which state has the lowest BAC limit for DUI
Utah is the only state with a BAC limit below 0.08%. Utah lowered its limit to 0.05% effective December 30, 2018. A driver at 0.05% in Utah faces the same 48-hour mandatory jail minimum as one at the standard 0.08% threshold.
What happens if you get a DUI in Wisconsin
A first OWI in Wisconsin is a civil forfeiture, not a criminal offense. The maximum fine is $300. License is suspended 6 to 9 months, but no jail time is imposed. A second offense in Wisconsin is treated as a criminal misdemeanor.
Which states require an ignition interlock for a first DUI
Alaska, Arizona, Illinois, Louisiana, Nebraska, New Mexico, Oregon, Utah, and West Virginia require an ignition interlock device for all first-offense DUI convictions, regardless of BAC level. Most other states require interlock only for high-BAC or repeat offenses.
What is the license suspension for a first DUI in California
California suspends a first DUI offender's license for 180 days. No mandatory jail time applies for a standard first offense. The base fine is $390, though total costs including penalty assessments typically reach $1,500 to $2,000. A DUI school of 3 to 9 months is required.

Methodology

Penalties shown reflect a standard first-offense DUI conviction at 0.08% BAC (0.05% for Utah) with no aggravating factors such as a minor in the vehicle, an accident, or a BAC at or above 0.15%. Actual sentences vary by court. Data is from the National Highway Traffic Safety Administration and state motor vehicle statutes as of June 2026. This page is for informational purposes only and does not constitute legal advice.

Sources

Information is cross-referenced with official state archives.
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