Drunk driving is a serious problem—it exists everywhere there are drivers and roads. Most drivers today are aware of the serious risks presented by drinking and driving; public officials and private organizations have been pushing this message since the 1970s.
However, drunk driving isn’t a one-size-fits-all legal situation. Each state has its own laws for drunk driving penalties. Some states use “DWI” (driving while intoxicated), others use “DUI” (driving under the influence), some might use “OUI” (operating under the influence), and there are a couple additional acronyms used by states, as well. Some states use multiple classifications for different levels of offenses. Below, we’ll break down each state’s penalties for driving under the influence of drugs or alcohol.
There are multiple facets to a drunk driving accident. There will likely be both civil and criminal liability for the driver. If a driver is involved in a crash and the responding officers suspect that the driver is under the influence of drugs or alcohol, they will likely perform a combination of tests:
1. Field sobriety test (FST)
These are physical and mental exercises performed at the scene to establish probable cause for a DUI arrest. Three standardized tests have been developed by the National Highway Traffic Safety Administration (NHTSA):
- Horizontal Gaze Nystagmus (HGN) test, in which the officer observes the driver’s eye movements as they follow a moving object (for example, a pen or the officer’s finger). Impairment could cause more pronounced, involuntary eye jerking.
- The Walk-and-Turn Test involves the driver walking heel-to-toe in a straight line, making a turn, and walking back while counting their steps aloud. The officer would look for signs of poor balance, such as stepping off the line or losing balance altogether.
- The One-leg Stand Test is when the driver stands on one leg, holding the other about six inches off the ground, and counts aloud for 30 seconds. The officer watches for swaying, hopping, using arms to balance, or putting the foot down.
Learn more: Understanding your rights during a field sobriety test
2. Chemical test
These tests aren’t based on the officer’s observation, but rather involve actual measurements of the person’s blood alcohol content (BAC). This indicates the amount of alcohol in a person’s bloodstream, expressed as a percentage of alcohol by volume. It is used to assess the level of intoxication, with different BAC levels corresponding to varying degrees of impairment. A BAC of 0.08% is the point at which someone is legally considered drunk in most U.S. states for driving purposes, and it indicates significant impairment, including loss of coordination and delayed reaction times.
This is determined by a couple of different types of tests.
- A Preliminary Breath Test (PBT) is taken with a handheld device used at the scene to estimate alcohol concentration. This is typically used at the scene to get an initial estimate of BAC and determine if the driver is intoxicated.
- A Chemical Breath Test (sometimes called a Datamaster or Breathalyzer) is a more accurate breath test, typically performed at the police station.
- Finally, officers might subject the driver to a blood or urine test. These are performed by certified professionals at a police station or hospital and sent out for lab analysis to detect the presence of alcohol or drugs.
Learn more: Are breathalyzers accurate?
When you receive a driver’s license, you automatically give implied consent to chemical testing. If an officer has probable cause to believe you’re driving under the influence, you consent—simply because you have a license—to a chemical test for alcohol or drugs. Refusing a chemical test has severe consequences that could include license suspension, even if you’re not convicted of a DUI.
Civil and criminal liability for drunk driving
There are two ways a defendant could be held liable in a drunk driving accident.
- Criminal liability. Drunk driving is a crime. A victim may not bring charges against a drunk driver; criminal charges must be filed by a district attorney or other state or federal prosecutor. If the driver is convicted of a DWI, DUI, or related charge, there is a range of penalties, from fines, to license suspensions, to rehabilitation programs, to prison time.
- Civil liability. Civil liability could be in the form of a personal injury lawsuit. If a person was injured by a drunk driver, the victim could file a car accident lawsuit against them. This lawsuit could provide financial damages to the victim if the drunk driver is found liable.
Key terms in drunk driving laws
The following terms apply nationwide and will be helpful as you navigate the laws and penalties listed for each state below.
- Per se BAC limit: Legal limit at which DUI is automatic (usually .08)
- Commercial BAC limit: Lower limit for CDL drivers (usually .04)
- Zero tolerance: Under-21 BAC limit (usually .02 or lower)
- Implied consent: Drivers agree to chemical testing by law; refusal leads to sanctions
- Actual physical control: Some states allow DUI convictions even if the vehicle isn’t running
Typical enhanced penalties for DUI
There are a couple of factors that would likely result in an enhanced penalty in a drunk driving incident. These are called “aggravating factors” and, though they vary widely by state, most states have at least some that would affect a criminal charge.
Examples include:
- High BAC (for instance, .15 or .17)
- Child endangerment
- Accidents with injuries or fatalities
- Habitual offender status
Bentley’s Law: Financial Justice for Children Orphaned by Drunk Drivers
Bentley Law holds guilty drivers financially accountable for the minor children of parents whose lives have been cut short. Currently enacted in Texas, Maine, Kentucky, and Tennessee, there’s hope that soon it will be law in every state.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Alabama DUI laws and penalties
Alabama statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC for most drivers |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Driving under the influence of alcohol or drugs; “DUI” is the term used |
Alabama offense-level penalties
| 1st offense | No mandatory minimum jail time, unless aggravating factors | Up to one year in county/municipal jail | $600-$2,100 | 90-day suspension, IID typically required for at least 6 months |
| 2nd offense | Minimum 5 days jail or 30 days community service | Up to one year | $1,100-$5,100 | 1-year revocation and 2 years IID |
| 3rd offense | 60 days | Up to one year | $2,100-$10,100 | 3-year revocation and 3 years IID |
| 4th+ offense, class C felony | 1 year and 1 day | Up to 10 years | $4,100-$10,000 | 5-year revocation and IID |
Implied consent and test refusal
Under the Alabama implied consent law, a driver arrested for DUI is deemed to have consented to chemical testing (breath, blood, urine). A refusal triggers an automatic license suspension (90 days for first refusal, up to longer for repeat refusals) and can be used as evidence in court.
Ignition Interlock Device (IID)
An IID is required as part of the license sanction on many convictions (duration increases with repeat offenses). Higher BAC (.15+) or test refusal can extend IID requirements.
High BAC or other aggravating factors
A BAC ≥ 0.15% and other aggravating factors, such as a child passenger, or an accident with injuries, can lead to enhanced sanctions and longer IID requirements.
Felony DUI
A fourth or subsequent DUI conviction is a Class C felony with elevated fines, longer imprisonment, and license revocation.
CDL penalties
CDL drivers face separate disqualification standards; refusal to test as a CDL driver might bring additional disqualification (e.g., 2-year or lifetime).
Alaska DUI laws and penalties
Alaska statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC for most drivers |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Often referred to as DUI (Driving Under the Influence) or “DWI.” Alaska law uses “DUI” in statute (AS 28.35.030). |
Alaska offense-level penalties
| 1st offense | None explicitly stated as mandatory | Up to one year | $1,500-$5,000 | 90-day revocation |
| 2nd offense within 10 years | 20 days | Up to one year | $2,000-$5,000 | 1-year revocation |
| 3rd offense within 10 years | 60 days | Up to one year | $3,000-$10,000 | 3-year revocation, this is a felony offense |
| 4th+ offense within 10 years | 1 year | Up to 5 years | $5,000-$50,000 | 3-year revocation, this is a felony offense |
Implied consent and test refusal
Alaska has an implied consent law. A driver must submit to breath, blood, or urine testing upon lawful arrest for DUI. Refusal can result in administrative license revocation, separate from criminal conviction. The implied consent refusal can trigger an 18-month license revocation on refusal alone, with further penalties if combined with a conviction.
Ignition Interlock Device (IID)
IID may be ordered by the court during a period of license revocation or as a condition of reinstatement. The statute gives the court discretion depending upon offense level and history.
High BAC or other aggravating factors
A BAC of 0.15% or higher can trigger enhanced sentencing, including longer imprisonment and fines. DUI resulting in serious physical injury or death has higher penalty ranges and can be charged as a felony.
Felony DUI
A fourth DUI conviction in 10 years is a felony in Alaska.
Arizona DUI laws and penalties
Arizona statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC for most drivers |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.00% (or per se) |
| Definition | Arizona criminal code uses “Driving Under the Influence (DUI)” |
Arizona offense-level penalties
| 1st DUI | 10 days | Up to six months | $1,250-$2,500 | 90-day revocation; IID 12 months |
| Extreme DUI (1st)/BAC ≥ 0.15% | 30 days | Up to six months | $2,500 | 1-year revocation; IID 12 months |
| Super Extreme DUI (1st)/BAC ≥ 0.20% | 30 days | Up to six months | $2,500 | 1-year revocation; IID 12 months |
| 2nd DUI (3rd in 84 months or other aggravators) | 4 months | Up to two years | $3,000 | 2-year revocation; IID 12 months |
| Felony enhanced | 4 months | Up to two years | $3,000 | 2-year revocation; IID 12 months |
Implied consent and test refusal
Arizona has implied consent laws, so a driver arrested for DUI must submit to a blood, breath, or urine test. Refusal triggers an administrative license suspension, regardless of a conviction. Refusing a test could be used as evidence in court.
Ignition Interlock Device (IID)
Mandatory for at least 12 months on any conviction unless hardship permits are granted. Extreme or repeat DUIs may extend IID requirements.
High BAC or other aggravating factors
- Extreme DUI (BAC ≥ 0.15%) has mandatory higher minimum jail time.
- Super Extreme DUI (BAC ≥ 0.20%) carries even higher minimum jail time.
- Additional aggravators (for example, child under 15, serious injury) move a DUI into Aggravated DUI under A.R.S. § 28-1383.
Felony DUI
Aggravated DUI is a class 4 felony when the defendant has:
- Three DUI convictions within the past 84 months
- Caused serious physical injury or death
- Committed DUI with a minor passenger
- DUI with prior homicide-related convictions
Arkansas DUI laws and penalties
Arkansas statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC for most drivers |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Arkansas statute refers to “DUI” (Driving Under the Influence) |
Arkansas offense-level penalties
| 1st DUI | None explicitly stated | Up to one year | $150-$1,000 | 6-month suspension |
| 2nd DUI | None explicitly stated | Up to one year | $600-$3,000 | 1-year suspension |
| 3rd DUI | None explicitly stated | Up to one year | $900-$5,000 | 3-year suspension |
| 4th+ DUI felony | 3 days | Up to six years | $1,800-$10,000 | 5-year suspension |
Implied consent and test refusal
Arkansas has implied consent laws. A driver lawfully arrested for DUI is deemed to have consented to chemical testing (breath, blood, urine). Refusal typically triggers administrative license suspension separate from DUI conviction (often 1 year for first refusal). Refusal may also be admissible in court.
Ignition Interlock Device (IID)
Mandatory IID is commonly required on reinstatement after a DUI suspension. The duration often increases with repeat offenses and high BAC readings.
High BAC or other aggravating factors
A high BAC (≥0.15%) often triggers heightened sanctions under the court’s discretion. DUI with serious physical injury/death is separately enhanced under criminal statutes.
Felony DUI
A fourth or subsequent DUI within 10 years is a felony in Arkansas. Penalties escalate significantly, including longer prison time and larger fines.
California DUI laws and penalties
California statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC for most drivers |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.01% BAC administrative, zero tolerance for minors |
| Definition | Referred to as “DUI” in statute |
California offense-level penalties
| 1st DUI (misdemeanor) | 48 hours (could be reduced or suspended) | Six months | $390-$1,000 | 6-month suspension, IID possible |
| 2nd DUI (misdemeanor) | 96 hours | One year | $390-$1,000 | 2-year revocation, IID likely |
| 3rd DUI (misdemeanor) | 120 days | One year | $390-$1,000 | 3-year revocation, IID likely |
| 4th+ DUI within 10 years | 180 days | One year | $390-$1,000 | 3-year revocation, IID likely |
| Felony DUI | 16 months | Three years | $390-$1,000 | 4-year revocation, IID likely |
California fines often include penalty assessments and other fees that multiply the base fine many times over. The figures above are base statutory fines.
Implied consent and test refusal
California’s implied consent law (Veh. Code § 23612) requires testing when lawfully arrested for DUI. Refusal leads to an administrative license suspension of one, two, or three years, depending on priors. Refusal can also be used as evidence in court.
Ignition Interlock Device (IID)
IID is mandatory for certain DUI convictions. IID requirements are expanding in 2026 to include after a first offense in some cases.
High BAC or other aggravating factors
A high BAC (≥0.15%) leads to an additional mandatory minimum ignition interlock term. Injury or death accidents can elevate DUI to a wobbler or felony. A “wobbler” is a crime that could be prosecuted as either a misdemeanor or a felony.
Felony DUI
A DUI becomes a felony if the defendant has previous DUI convictions and commits a new offense with injury/death, or if the defendant previously served time for certain serious injury DUI convictions.
Colorado DUI/DUAI laws and penalties
Colorado statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | “DWAI” (driving while ability impaired by alcohol or drugs) and “DUI” are often used. The statute focuses on impairment. |
Colorado offense-level penalties
| 1st DWAI/DUI | No mandatory minimum | Up to one year | $200-$1,000 | 9-month revocation, IID 1 year |
| 2nd DWAI/DUI | 10 days | Up to one year | $600-$1,500 | 1-year revocation, IID 2 years |
| 3rd DWAI/DUI | 60 days | Up to one year | $1,000-$5,000 | 2-year revocation, IID 2 years |
| 4th+ DWAI/DUI | 1 year | Up to two years | $2,000-$5,000 | 2-year revocation, IID 2 years |
Implied consent and test refusal
Colorado’s implied consent law (CRS § 42-4-1301) requires submission to chemical tests when lawfully arrested for DUI. Refusal triggers administrative revocation of driving privileges apart from criminal conviction. Refusal can be used as evidence in criminal proceedings.
Ignition Interlock Device (IID)
Colorado statute requires ignition interlock devices for certain DUI convictions, especially for repeat offenders and high BAC readings.
High BAC or other aggravating factors
A BAC ≥ 0.15% often results in enhanced penalties, including extended IID and potential sentencing enhancements. A DUI that causes serious bodily injury or death can elevate the charge to a felony with higher sentence exposure.
Felony DUI
A 4th DUI/DWAI within seven years is usually classified as a felony. A DUI that results in serious injury or death is prosecuted as a felony.
Connecticut DUI laws and penalties
Connecticut statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Connecticut statute uses “Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs” |
Connecticut offense-level penalties
| 1st DUI | 48 hours | Six months | $500-$1,000 | 45-day suspension or 1 year probation, IID 6 months |
| 2nd DUI within 10 years | 10 days | One year | $1,000-$4,000 | 2-year suspension, IID 1 year |
| 3rd DUI within 10 years | 120 days | Three years | $1,000-$8,000 | 10-year suspension, IID 2 years |
| 4th+ DUI within 10 years | 1 year | Five years | $4,000-$15,000 | 10-year suspension, IID 3 years |
Implied consent and test refusal
Connecticut has an implied consent statute (CGS § 14-227b) — by driving on state roads, drivers agree to chemical testing when suspected of DUI. Refusal can result in administrative suspension (often 1 year for 1st refusal, longer for subsequent refusals) and civil penalties. Refusal evidence may be admitted in DUI prosecution as evidence.
Ignition Interlock Device (IID)
Connecticut statute requires the installation of an IID as part of a conditional license following a DUI suspension. IID must typically remain installed for 6 months on the first offense, longer on subsequent offenses.
High BAC or other aggravating factors
Connecticut courts have discretion to enhance penalties for high BAC (often 0.15%+), multiple refusals, accidents involving injury, or DUI with a minor passenger.
Felony DUI
The third DUI conviction within 10 years is a Class D felony. Fourth and subsequent DUIs within 10 years remain felonies with extended penalties.
Delaware DUI/DWI laws and penalties
Delaware statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Delaware law refers to Drunk Driving under Title 21 § 4177 |
Delaware offense-level penalties
| 1st DUI | No mandatory minimum | Up to six months | $500-$1,500 | 1-year suspension, IID common |
| 2nd DUI within 10 years | 30 days | Up to six months | $1,150-$2,300 | 2-year suspension, IID likely |
| 3rd DUI within 10 years | 1 year | Up to 2 years | $2,500-$5,000 | 3-year suspension, IID likely |
| 4th+ DUI within 10 years | 2 years | Up to 5 years | $3,000-$5,000 | 4-year suspension, IID likely |
Implied consent and test refusal
Delaware’s implied consent law mandates chemical testing when a driver is lawfully arrested for DUI. Refusal triggers administrative license revocation separate from criminal sentencing (often 1 year). Refusal may also be used as evidence in court.
Ignition Interlock Device (IID)
IID is required for most DUI convictions, especially for repeat offenses and high BAC cases.
High BAC or other aggravating factors
BAC of 0.15% or higher subjects a driver to enhanced penalties such as increased fines and longer suspension or IID. DUI that causes serious injury or death triggers additional criminal charges under vehicular assault or manslaughter statutes.
Felony DUI
A fourth DUI within 10 years is typically prosecuted as a felony in Delaware. Certain aggravating factors, such as child passengers or serious injury, can elevate charges.
Florida DUI laws and penalties
Florida statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Referred to as Driving Under the Influence (DUI) under Fla. Stat. § 316.193 |
Florida offense-level penalties
| 1st DUI (misdemeanor) | No mandatory minimum | Up to six months | $500-$1,000 | 6-month license revocation |
| 2nd DUI (misdemeanor, prior within 5 years) | No mandatory minimum | Up to nine months | $1,000-$2,000 | 5-year license revocation |
| 3rd DUI (felony) | 1 year | Up to 5 years | $2,000-$5,000 | 10-year license revocation |
| 4th+ DUI (felony) | 4 years | Up to 30 years* | $2,500-$5,000 | 10-year license revocation |
*Trenton’s Law that provides for up to 30 years’ maximum on a 4th DUI is not a typical range in the statute, but is authorized under a new law for when a DUI results in serious bodily injury or death.
Implied consent and test refusal
Florida has an implied consent statute (Fla. Stat. § 316.1932). A driver must submit to breath, blood, or urine testing when lawfully arrested for DUI. Refusal results in administrative driver license suspension (often 1 year for first refusal) and can be used as evidence at trial.
Ignition Interlock Device (IID)
Florida requires an IID for many DUI convictions, especially for high BAC and repeat offenders. The duration of IID requirements increases with subsequent offenses.
High BAC or other aggravating factors
Statute enhances penalties for DUI with a BAC ≥ 0.15%, DUI with a minor passenger, and a DUI that causes serious bodily injury or death. These aggravators often result in felony charges with higher statutory exposure.
Felony DUI
A third DUI is a felony in Florida. A fourth DUI, especially involving serious injury/death or aggravators, carries very high maximum penalties under recent enhancements.
Georgia DUI laws and penalties
Georgia statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Georgia law refers to Driving Under the Influence (DUI) under O.C.G.A. § 40-6-391 |
Georgia offense-level penalties
| 1st DUI (misdemeanor) | No mandatory minimum | Up to 12 months | $300-$1,000 | 1-year suspension, IID required |
| 2nd DUI (within 10 years) | 10 days | Up to 12 months | $600-$1,000 | 3-year suspension, IID required |
| 3rd DUI (within 10 years) | 90 days | Up to 12 months | $1,000-$5,000 | 5-year suspension, IID required |
| 4th+ DUI (within 10 years), felony | 1 year | Up to 5 years | $1,000-$5,000 | 5-year suspension, IID required |
Implied consent and test refusal
Georgia has an implied consent law; a driver lawfully arrested for DUI must submit to lawful chemical testing (breath, blood, urine). Test refusal results in administrative driver’s license suspension, distinct from criminal penalties. These are often one year for first refusal and longer for subsequent refusals. Refusal can be introduced in criminal proceedings.
Ignition Interlock Device (IID)
Georgia requires IID installation as part of license reinstatement for most DUI convictions, with longer IID terms for repeat offenders and high-BAC cases.
High BAC or other aggravating factors
Georgia has statutory enhancements and minimums for drivers with a BAC ≥ 0.15% (higher minimum terms and expanded IID requirements). A DUI with serious injury or death can lead to elevated charges.
Felony DUI
A fourth DUI within 10 years is a felony under Georgia law. Separate vehicular homicide statutes apply if DUI results in death.
Hawaii OVUII laws and penalties
Hawaii statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Hawaii statute refers to Operating a Vehicle Under the Influence of an Intoxicant (OVUII) under HI Rev Stat § 291E-61 |
Hawaii offense-level penalties
| 1st OVUII (misdemeanor) | No mandatory minimum | Up to 30 days | $300-$1,000 | 45-day suspension |
| 2nd OVUII (within 5 years) | 10 days | Up to one year | $600-$1,000 | 1-year suspension |
| 3rd OVUII (within 5 years) | 30 days | Up to one year | $1,000-$5,000 | 3-year revocation |
| 4th+ OVUII (within 5 years), felony | 60 days | Up to 5 years | $1,000-$5,000 | 5-year revocation |
Implied consent and test refusal
Hawaii has an implied consent law: by operating a vehicle, a driver consents to chemical testing upon lawful arrest for OVUII. Refusal triggers an administrative license revocation separate from criminal penalties and often carries separate civil penalties. Test refusal may be admissible at trial.
Ignition Interlock Device (IID)
Hawaii requires an IID for certain DUI convictions, particularly for repeat offenders and high-BAC cases. Specific IID provisions are set by the Department of Transportation and may be updated administratively.
High BAC or other aggravating factors
Hawaii doesn’t set statutory high-BAC tiers (like “extreme DUI”) in the base OVUII statute, but courts may impose enhanced sentences for BAC levels significantly above .08% and other aggravators, such as accidents or child passengers.
Felony DUI
A fourth OVUII conviction within 5 years is typically treated as a felony under Hawaii law.
Idaho DUI laws and penalties
Idaho statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% (zero tolerance) |
| Definition | Idaho law refers to Driving Under the Influence (DUI) under Idaho Code § 18-8004 |
Idaho offense-level penalties
| 1st DUI (misdemeanor) | No mandatory minimum | Up to six months | $300-$1,000 | 90-day suspension, IID possible |
| 2nd DUI (within 10 years) | 10 days | Up to six months | $750-$2,000 | 1-year suspension, IID required |
| 3rd DUI (within 10 years) | 30 days | Up to six months | $1,000-$3,000 | 3-year revocation, IID required |
| 4th+ DUI (within 10 years) | 12 days | Up to 5 years | $2,000-$5,000 | 3-year revocation, IID required |
Implied consent and test refusal
Idaho has an implied consent law: any person driving a motor vehicle consents to chemical testing if arrested for DUI. Refusal results in administrative driver’s license revocation (separate from criminal DUI) and carries separate civil penalties. Refusal may be admitted at trial.
Ignition Interlock Device (IID)
The court or DMV may order a mandatory ignition interlock device on reinstatement after a DUI suspension, especially for repeat offenders and high BAC cases.
High BAC or other aggravating factors
High BAC (e.g., 0.15%+) may result in enhanced penalties under Idaho DUI statutes, including longer minimum jail terms and extended IID requirements. DUI that results in serious physical injury or death is charged under different enhanced statutes with higher penalties.
Felony DUI
A fourth DUI within 10 years is generally classified as a felony in Idaho.
Illinois DUI laws and penalties
Illinois statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.00%-0.02%, per administrative penalties for minors |
| Definition | Referred to as Driving Under the Influence (DUI) under 625 ILCS 5/11-501, with aggravated DUI categories for certain circumstances |
Illinois offense-level penalties
| 1st DUI, Class A misdemeanor | No mandatory minimum | Up to 364 days | $500-$2,500 | Minimum 1-year revocation, IID usually required for interlock permit |
| 2nd DUI (within 20 years), Class A misdemeanor | 5 days or 240 hours of community service | Up to 364 days | $500-$2,500 | Minimum 5-year revocation, IID required |
| 3rd DUI, Class 2 felony | Varies by aggregator | 3-7 years | Up to $25,000 | Minimum 10-year revocation, IID required |
| 4th+ DUI, Class 2 felony | No standard minimum in statute | 3-7 years | Up to $25,000 | Lengthy, indefinite revocation |
Implied consent and test refusal
Illinois enforces implied consent laws. By driving in the state, drivers consent to chemical testing when lawfully arrested for DUI. Refusal can result in administrative license suspension (separate from a criminal conviction) and can be used against a driver in court.
Ignition Interlock Device (IID)
Illinois law increasingly requires IIDs for DUI offenders, including first offenders who seek restricted driving permits during suspension. Legislative proposals, such as requiring IID on vehicles used by convicted drivers as a condition of permit, have been discussed or are moving through the legislature.
High BAC or other aggravating factors
Elevated BAC (≥ 0.16%) carries mandatory minimum punishments, including extra days in jail or higher fines on repeat offenses. DUI that causes great bodily harm or permanent disfigurement can be prosecuted as Aggravated DUI with felony sentencing up to 12 years and significant license revocation.
Indiana OWI/ACE laws and penalties
Indiana statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.00%-0.02%, zero tolerance for minors |
| Definition | Indiana law refers to Operating while Intoxicated (OWI) or Operating with an ACE (Alcohol Concentration Equivalent) under Ind. Code § 9-30-5 |
Indiana offense-level penalties
| 1st OWI/ACE, Class B misdemeanor | No mandatory minimum | Up to one year | $500-$5,000 | 90-day suspension, IID possible |
| 2nd OWI/ACE (within 5 years), Class A misdemeanor | 5 days | Up to one year | $1,000-$5,000 | 1-year suspension, IID required |
| 3rd OWI/ACE, Class A misdemeanor | 10 days | Up to one year | $1,000-$5,000 | 1-year suspension, IID required |
| 4th+ OWI/ACE, felony | 180 days | Up to two years | $2,500-$10,000 | 2-year suspension, IID required |
Implied consent and test refusal
Indiana has an implied consent law. Lawfully arrested drivers must submit to chemical testing (breath, blood, urine). Refusal triggers administrative license suspension separate from criminal DUI/OWI penalties. Test refusal may be admissible in prosecution.
Ignition Interlock Device (IID)
Indiana requires ignition interlock devices for many DUI/OWI convictions, especially for repeat offenders and high BAC levels. The IID requirement period typically increases with subsequent offenses.
High BAC or other aggravating factors
Indiana treats high BAC levels (0.15%+) and DUI with serious injury/death as aggravating circumstances, often yielding maximum penalties and felony prosecution under separate statutes.
Operating while intoxicated, which causes serious bodily injury or death, can be charged as a separate Level 5 or 4 felony with higher minimum sentences.
Felony DUI
A fourth OWI/ACE is a Level 6 or higher felony with a substantial prison exposure (180-day minimum). Serious bodily injury or death elevates criminal classification under distinct provisions (e.g., operating with a BAC causing serious injury).
Iowa OWI laws and penalties
Iowa statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.00%-0.02%, zero tolerance for minors |
| Definition | In Iowa, the offense is typically called Operating While Intoxicated (OWI) under Iowa Code § 321J.2 |
Iowa offense-level penalties
| 1st OWI | No mandatory minimum | Up to one year | $625-$2,025 | 180-day revocation, IID often ordered |
| 2nd OWI within 10 years | 48 hours | Up to one year | $1,875-$6,000 | 2-year revocation, IID required |
| 3rd OWI within 10 years | 7 days | Up to one year | $3,125-$9,375 | 6-year revocation, IID required |
| 4th+ OWI within 10 years, Class D felony | 30 days | Up to five years | $6,250-$9,375 | 8-year revocation, IID required |
Implied consent and test refusal
Iowa has an implied consent law. A motorist agrees to chemical testing (breath, blood, urine) when arrested for OWI. Refusal leads to an administrative license suspension (typically 180 days on first refusal, longer on repeat refusals). Refusal may be used as evidence in court.
Ignition Interlock Device (IID)
Iowa generally requires an ignition interlock device as a condition of reinstatement after an OWI suspension, especially for repeat offenders or those with high BAC readings.
High BAC or other aggravating factors
Iowa does not have a separate statutory super-OWI label for high BAC. However, high BAC levels, accidents, and minors in the vehicle can lead to enhanced judicial sentencing within the statutory jail and fine ranges. Serious injury or death can lead to prosecution under separate criminal statutes.
Felony DUI
A fourth OWI within the ten-year lookback period is a felony under Iowa Code § 321J.2.
Kansas DUI laws and penalties
Kansas statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% for driver under 21 (zero tolerance) |
| Definition | Kansas statute refers to DUI (Driving Under the Influence) under K.S.A. § 8-1567 |
Kansas offense-level penalties
| 1st DUI | No mandatory minimum | Up to six months | $500-$2,025 | 1-year revocation |
| 2nd DUI (prior within 5 years) | 48 hours | Up to six months | $750-$6,000 | 1-year revocation |
| 3rd DUI (prior within 5 years) | 90 days | Up to one year | $1,000-$2,500 | 2-year revocation |
| 4th+ DUI (prior within 5 years), felony | 6 months | Up to one year | $2,500-$5,000 | 3-year revocation |
Implied consent and test refusal
Kansas has an implied consent law. By operating a vehicle in the state, drivers implicitly consent to breath, blood, or urine testing when lawfully arrested for DUI. Refusal results in administrative driver’s license revocation (often one year for first refusal, longer for subsequent refusals). Refusal may also be admissible in criminal DUI proceedings.
Ignition Interlock Device (IID)
Kansas law requires an ignition interlock device for many DUI convictions, particularly for repeat offenders or high BAC readings. The IID is often required as a condition of reinstatement after revocation.
High BAC or other aggravating factors
Kansas has statutory aggravators for high BAC levels (e.g., ≥ 0.15–0.20%), accidents with injury or death, and DUI with a minor passenger. These can lead to enhanced penalties or felony prosecution. A DUI that causes serious injury or death may also be charged under separate criminal statutes (e.g., aggravated DUI or criminally negligent homicide).
Felony DUI
A fourth DUI within the applicable lookback period (typically five years) is generally charged as a felony under Kansas law with significant potential incarceration and fines.
Kentucky OUI laws and penalties
Kentucky statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Kentucky refers to the offense as Operating a Motor Vehicle Under the Influence of Alcohol or Drugs (OUI) under KRS § 189A.010 |
Kentucky offense-level penalties
| 1st OUI | No mandatory minimum | Up to 12 months | $200-$500 | 30-day suspension, IID possible |
| 2nd OUI (prior within 5 years) | 5 days | Up to 12 months | $350-$500 | 2-year revocation, IID required |
| 3rd OUI (prior within 5 years) | 10 days | Up to 12 months | $500-$1,000 | 3-year revocation, IID required |
| 4th+ OUI (prior within 5 years), felony | 30 days | Up to five years | $1,000-$5,000 | 5-year revocation, IID required |
Implied consent and test refusal
Kentucky has an implied consent law. Refusal results in administrative suspension separate from criminal conviction (often 1–2 years, depending on priors) and civil penalties. Refusal may be admissible in DUI criminal cases.
Ignition Interlock Device (IID)
Kentucky requires ignition interlock devices for many OUI offenders, particularly repeat offenders and those with high BAC readings, as part of license reinstatement.
High BAC or other aggravating factors
While Kentucky statutory DUI penalties are not tiered by BAC in the base OUI statute, high BAC levels, accidents causing injury/death, and child passengers can be aggravating factors in sentencing. DUI that causes serious physical injury or death may result in separate enhanced charges under Assault in the Second Degree or Reckless Homicide statutes.
Felony DUI
A fourth DUI within the applicable lookback period (typically five years) is generally charged as a felony under Kentucky law with greater jail exposure and fines.
Louisiana DUI laws and penalties
Louisiana statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Louisiana refers to impaired driving as DUI under La. R.S. § 14:98 |
Louisiana offense-level penalties
| 1st DUI | No mandatory minimum | Up to six months | $300-$1,000 | 90-day suspension, IID possible |
| 2nd DUI (prior within 10 years) | 10 days | Up to six months | $750-$1,000 | 1-year revocation, IID likely |
| 3rd DUI (prior within 10 years) | 30 days | Up to six months | $1,000-$2,000 | 2-year revocation, IID likely |
| 4th+ DUI (prior within 10 years), felony | 1 year | Up to five years | $2,000-$5,000 | 5-year revocation, IID required |
Implied consent and test refusal
Louisiana’s implied consent law applies to all drivers; consent to chemical testing is deemed upon lawful arrest for DUI. Refusal leads to an administrative license suspension separate from criminal judgment. This is commonly one year for the first refusal and longer for later refusals. Refusal may also be admissible as evidence at trial.
Ignition Interlock Device (IID)
Louisiana requires installation of an ignition interlock device as a condition of reinstatement after a DUI suspension for certain offenders, especially repeat offenders or high BAC drivers.
High BAC or other aggravating factors
Louisiana does not separately label “super DUI” based on elevated BAC in the base DUI statute, but courts often consider BAC ≥0.15% as an aggravator in sentencing and have related administrative consequences. DUI that results in serious injury or death may be prosecuted under vehicular negligent injuring or vehicular homicide laws with higher potential penalties.
Felony DUI
A fourth DUI within a 10-year period is generally prosecuted as a felony in Louisiana. Separate enhanced charges apply if someone is hurt or killed during the offense.
Maine OUI laws and penalties
Maine statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% (zero tolerance for minors) |
| Definition | Maine statute refers to Operating Under the Influence (OUI) under Title 29-A M.R.S. § 2411 |
Maine offense-level penalties
| 1st OUI | No mandatory minimum | Up to six months | $500-$1,000 | 6-month suspension, IID possible |
| 2nd OUI (prior within 10 years) | 7 days | Up to one year | $600-$2,000 | 1-year suspension, IID required |
| 3rd OUI (prior within 10 years) | 60 days | Up to two years | $1,000-$4,000 | 3-year suspension, IID required |
| 4th+ OUI (prior within 10 years), felony | 120 days | Up to five years | $2,000-$8,000 | 5-year suspension, IID required |
Implied consent and test refusal
Maine enforces an implied consent law. By driving on state roads, motorists consent to chemical tests when lawfully arrested for OUI. Refusal results in administrative license suspension (often one year on first refusal, longer on subsequent refusals). Refusal can be used as evidence in subsequent criminal proceedings.
Ignition Interlock Device (IID)
Maine requires IID for many OUI convictions, especially for repeat offenders and high BAC readings. The duration of IID requirements varies based on offense level and prior history.
High BAC or other aggravating factors
Maine law allows the court to impose enhanced penalties for high BAC (often 0.15% and above), accidents involving serious injury/death, and DUI while transporting minors. These enhancements are typically discretionary within the statutory ranges.
Felony DUI
A fourth OUI within 10 years is generally treated as a Class C or higher felony under Maine law. DUI that results in serious bodily injury or death can be prosecuted under separate criminal statutes with greater penalties.
Maryland DUI/DWI laws and penalties
Maryland statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% (zero tolerance administrative rule) |
| Definition | Maryland law refers to Driving While Impaired by Alcohol or Drugs under Md. Code, Transportation Article § 21-902 |
Maryland offense-level penalties
| 1st DUI | No mandatory minimum | Up to one year | $500-$1,000 | 6-month suspension, IID possible |
| 2nd DUI (prior within 10 years) | 5 days | Up to two years | $1,000-$4,000 | 1-year suspension, IID required |
| 3rd DUI | 10 days | Up to five years | $2,000-$10,000 | 2-year suspension, IID required |
| 4th+ DUI (prior within 10 years), felony | 1 year | Up to 10 years | $4,000-$10,000 | 3-year suspension, IID required |
Implied consent and test refusal
Maryland’s implied consent law means that by operating a vehicle, the driver consents to chemical testing when lawfully arrested for DUI. Refusal results in an automatic administrative license suspension separate from the DUI conviction, often one year for a first refusal. Refusal can be introduced in court as evidence.
Ignition Interlock Device (IID)
Maryland motorists convicted of DUI are generally required to install an IID as a condition of obtaining a restricted license during or after suspension. The length of the IID requirement increases with repeat offenses and high BAC.
High BAC or other aggravating factors
Maryland has statutory enhanced penalties for elevated BAC levels and certain aggravating factors. A BAC ≥ 0.15% could lead to additional mandatory minimum jail time and higher fines; DUI with minor passengers carries mandatory penalties and possible child endangerment charges; and DUI causing serious injury or death will involve separate felony charges (e.g., vehicular manslaughter).
Felony DUI
A fourth DUI within a 10-year lookback period is typically a felony with enhanced exposure. DUI that causes serious injury or death can also result in separate felony charges.
Massachusetts OUI laws and penalties
Massachusetts statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% (zero tolerance administrative rule) |
| Definition | Referred to as Operating Under the Influence (OUI) under Massachusetts General Laws c. 90 § 24 |
Massachusetts offense-level penalties
| 1st OUI | No mandatory minimum, often 30 days recommended | Two years | $500-$5,000 | 1-year suspension, IID usually required |
| 2nd OUI (prior within 10 years) | 30 days | Up to two years | $600-$10,000 | 2-year suspension, IID required |
| 3rd OUI | 150 days | Up to five years | $1,000-$15,000 | 8-year suspension, IID required |
| 4th+ OUI (prior within 10 years), felony | 1 year | Up to 10 years | $2,000-$25,000 | 10-year suspension, IID required |
Implied consent and test refusal
Massachusetts enforces an implied consent law. Drivers consent to chemical testing when lawfully arrested for suspicion of OUI. Refusal results in administrative license suspension (separate from criminal penalties). Refusal may also be used as evidence at trial.
Ignition Interlock Device (IID)
Massachusetts law generally requires installation of an IID for DUI offenders as a condition of reinstatement after suspension, especially for repeat offenses or high BAC levels.
High BAC or other aggravating factors
Elevated BAC thresholds (e.g., 0.15%+) and DUI with minor passengers can result in enhanced enforcement, such as longer suspensions or extended IID periods, within the statutory ranges. OUI causing serious injury or death may result in prosecution under separate criminal statutes (e.g., motor vehicle homicide).
Felony DUI
A third OUI conviction within 10 years is a crime that can be charged as a felony. A fourth and subsequent OUI is a felony offense with higher statutory maximums.
Michigan OWI laws and penalties
Michigan statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% (zero tolerance for minors) |
| Definition | Michigan statutes use Operating While Intoxicated (OWI) under MCL § 257.625 |
Michigan offense-level penalties
| 1st OWI | No mandatory minimum | Up to 93 days | $100-$500 | 30 days suspension, possible restricted license |
| 1st “Super Drunk” (≥ 0.17 BAC) | No mandatory minimum | Up to one year | $200-$700 | 30-day suspension, IID required |
| 2nd OWI (prior within 7 yrs) | 5 days | Up to one year | $200-$1,000 | 1-year suspension, IID required |
| 3rd OWI (prior within 10 yrs) | 30 days | Up to one year | $500-$2,000 | 2-year suspension, IID required |
| 4th+ OWI, felony | 1 year | Up to five years | $1,000-$5,000 | Persistent OWI results in lifetime revocation, IID required |
Implied consent and test refusal
Michigan enforcement includes implied consent provisions. By operating a vehicle, a driver consents to chemical tests (breath, blood, urine) when lawfully arrested for OWI. Refusal results in administrative driver’s license sanctions (often a 1-year denial of a license), separate from the criminal OWI conviction. Refusal can be admitted in court.
Ignition Interlock Device (IID)
Michigan requires ignition interlock devices in many OWI convictions, especially for repeat offenders and those with high BAC, as a condition of reinstatement. The IID period increases with subsequent offenses and high BAC.
High BAC or other aggravating factors
Michigan’s “super drunk” (BAC ≥ 0.17) category carries enhanced penalties.
DUI that causes serious injury or death can result in separate enhanced felony charges (e.g., OWI causing serious impairment).
Felony DUI
A fourth OWI is a felony under Michigan law with higher statutory maximums and life revocation of standard driving privileges, subject to possible restricted licenses under certain circumstances.
Minnesota DWI laws and penalties
Minnesota statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% under administrative sanctions |
| Definition | Referred to as DWI (“Driving While Impaired”) under Minnesota Statutes § 169A.20 |
Minnesota offense-level penalties
| 1st DWI | No statutory minimum | Up to one year | $300-$1,000 | 90-day revocation, IID often required |
| 2nd DWI (prior within 10 yrs) | 30 days | Up to one year | $1,000-$3,000 | 1-year revocation, IID required |
| 3rd DWI (prior within 10 yrs) | 90 days | Up to one year | $1,500-$4,000 | 2-year revocation, IID required |
| 4th+ DWI (prior within 10 yrs) | 1 year | Up to three years | $2,000-$10,000 | 4-year revocation, IID required |
Implied consent and test refusal
Minnesota enforces implied consent laws. Motorists agree to chemical testing (breath, blood, urine) by driving on state roads under Minn. Stat. § 169A.51. Refusal results in administrative license revocation separate from the criminal offense. Test refusal evidence can be used in subsequent prosecutions.
Ignition Interlock Device (IID)
Minnesota requires ignition interlock devices for many DWI convictions — both as a condition of reinstatement and during restricted licensing. IID requirement periods increase with repeat offenses.
High BAC or other aggravating factors
Minnesota statutes provide enhanced minimum penalties if a driver’s BAC is ≥ 0.16% (often adding additional days and steeper sanctions). Other aggravators include an open bottle in the vehicle and minor passenger conditions.
Felony DUI
A fourth DWI within 10 years is generally a felony under Minnesota law. DWI that causes serious bodily injury or death may result in separate felony charges (e.g., criminal vehicular operation).
Mississippi DUI laws and penalties
Mississippi statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Mississippi refers to the offense as DUI under Miss. Code § 63-11-30 |
Mississippi offense-level penalties
| 1st DUI, misdemeanor | 48 hours | Up to one year | $250-$1,000 | 90-day revocation |
| 2nd DUI (prior within 5 yrs) | 5 days | Up to one year | $600-$2,000 | 1-year revocation |
| 3rd DUI (prior within 5 yrs) | 10 days | Up to one year | $800-$5,000 | 3-year revocation |
| 4th+ DUI (within 5 yrs), felony | 1 year | Up to five years | $1,000-$5,000 | 5-year revocation |
Implied consent and test refusal
Mississippi enforces an implied consent law. By driving on state roads, drivers are deemed to consent to chemical testing (breath, blood, urine). Refusal triggers an automatic administrative driver’s license suspension separate from criminal penalties. Test refusal may also be used as evidence in criminal proceedings.
Ignition Interlock Device (IID)
Mississippi requires an ignition interlock device for certain DUI convictions, especially repeat offenders and high BAC cases, as a condition of reinstating driving privileges.
High BAC or other aggravating factors
Mississippi does not have a separate statutory “super DUI” tier based purely on BAC, but courts can enhance penalties for BAC significantly above 0.08% and for DUI resulting in serious bodily injury or death. DUI with minor passengers may also result in enhanced sentencing.
Felony DUI
A fourth DUI within five years is generally a felony. DUI resulting in serious physical injury or death may also be charged under separate vehicular homicide or aggravated DUI statutes with higher penalties.
Missouri DWI laws and penalties
Missouri statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Missouri refers to the offense as Driving While Intoxicated (DWI) under RSMo § 577.010 et seq. |
Missouri offense-level penalties
| 1st DWI | 10 days | Up to one year | $500-$1,000 | 1-year revocation, IID typically required |
| 2nd DWI (prior within 10 yrs) | 90 days | Up to one year | $1,000-$5,000 | 2-year revocation, IID required |
| 3rd DWI (prior within 10 yrs) | 90 days | Up to four years | $2,000-$10,000 | 3-year revocation, IID required |
| 4th+ DWI, felony | 4 years | Up to seven years | $4,000-$10,000 | 4-year revocation, IID required |
Implied consent and test refusal
Missouri’s implied consent law requires any driver lawfully arrested for DWI to submit to chemical testing (breath, blood, urine). Refusal results in administrative license suspension (typically one year for first refusal, longer for repeat refusals) independent of the criminal DWI case. Refusal may also be used in the prosecution’s case.
Ignition Interlock Device (IID)
Missouri generally requires IID for DWI offenders, especially for repeat offenses. In some cases, offenders may be eligible for restricted driving privileges with an IID installed.
High BAC or other aggravating factors
Missouri does not have a separate statutory category labeled “super DWI” for high BAC (e.g., 0.15%), but courts may consider elevated BAC levels, accidents with injury, and DUI with minor passengers as aggravating factors within the statutory ranges. DWI that causes serious injury or death may be charged as aggravated DWI or under other statutes with higher penalties.
Felony DUI
A fourth DWI within the lookback period is generally charged as a Class E felony Class E, with mandatory minimum jail and enhanced penalties.
Montana DUI laws and penalties
Montana statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02%, zero tolerance |
| Definition | Montana refers to impaired driving as DUI (Driving Under the Influence) under Mont. Code Ann. § 61-8-401 |
Montana offense-level penalties
| 1st DUI | No mandatory minimum | Up to six months | $600-$1,000 | 90-day revocation, IID often required |
| 2nd DUI (prior within 10 yrs) | 10 days | Up to six months | $1,000-$3,000 | 1-year revocation, IID required |
| 3rd DUI (prior within 10 yrs) | 30 days | Up to one year | $2,000-$5,000 | 2-year revocation, IID required |
| 4th+ DUI (prior within 10 yrs), felony | 180 days | Up to two years | $3,000-$10,000 | 3-year revocation, IID required |
Implied consent and test refusal
Montana enforces an implied consent statute. Any driver arrested for DUI is deemed to have consented to chemical testing (breath, blood, urine). Refusal results in administrative license suspension and enhanced administrative sanctions separate from the criminal DUI conviction. Refusal may be presented as evidence in a DUI prosecution.
Ignition Interlock Device (IID)
Montana generally requires installing an IID for certain DUI convictions, especially for repeat offenders and high BAC readings. IID is often required for restricted license eligibility.
High BAC or other aggravating factors
Some Montana courts apply enhanced penalties for high BAC (e.g., ≥0.15%) within the statutory ranges. DUI that results in serious bodily injury or death may lead to separate enhanced criminal charges (e.g., criminal endangerment, vehicular homicide).
Felony DUI
A fourth DUI within the lookback period (commonly 10 years) is typically prosecuted as a felony with a higher statutory sentencing range.
Nebraska DUI laws and penalties
Nebraska statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02%, zero tolerance |
| Definition | Nebraska refers to the offense as Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs (DUI) under Neb. Rev. Stat. § 60-6,196 |
Nebraska offense-level penalties
| 1st DUI | No mandatory minimum | Up to six months | $500-$1,000 | 1-year suspension, IID likely |
| 2nd DUI (prior within 10 years) | 7 days | Up to six months | $600-$1,000 | 2-year suspension, IID required |
| 3rd DUI (prior within 10 years) | 30 days | Up to one year | $750-$1,500 | 3-year suspension, IID required |
| 4th+ DUI (prior within 10 years), felony | 6 months | Up to two years | $1,000-$5,000 | 5-year suspension, IID required |
Implied consent and test refusal
Nebraska’s implied consent law means drivers arrested for DUI are deemed to have consented to chemical testing (breath, blood, urine). Refusal triggers administrative license revocation (often one year for a first refusal, longer for repeat refusals). Refusal may be introduced in DUI criminal proceedings.
Ignition Interlock Device (IID)
Nebraska generally requires ignition interlock devices for DUI convictions, especially for repeat offenses and high-BAC readings, as a condition of restricted license eligibility.
High BAC or other aggravating factors
Nebraska does not categorize separate “super DUI” tiers based solely on BAC in the base statute, but courts often consider elevated BAC (e.g., ≥ 0.15%) and accidents with injury as aggravating factors. DUI that results in serious physical injury or death can be charged under separate vehicular crime statutes with enhanced penalties.
Felony DUI
A fourth DUI within the lookback is usually a felony with enhanced penalties. Other felony charges may apply if DUI harms another person (e.g., vehicular assault).
Nevada DUI laws and penalties
Nevada statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02%, zero tolerance |
| Definition | Nevada refers to impaired driving as Driving Under the Influence (DUI) under NRS § 484C.110 et seq. |
Nevada offense-level penalties
| 1st DUI | 2 days | Up to six months | $400-$1,000 | 90-day suspension, IID on reinstatement |
| 2nd DUI (prior within 7 years) | 10 days | Up to six months | $750-$1,000 | 1-year revocation, IID required |
| 3rd DUI (prior within 7 years) | 90 days | Up to one year | $2,000 | 2-year revocation, IID required |
| 4th+ DUI (prior within 7 years), felony | 1 year | Up to four years | $2,000-$5,000 | 3-year revocation, IID required |
Implied consent and test refusal
Nevada has an implied consent statute. A driver arrested for DUI is considered to have consented to chemical tests (breath, blood, or urine). Refusal results in automatic administrative driver license revocation (separate from the criminal DUI). Refusal can be used as evidence in DUI prosecutions.
Ignition Interlock Device (IID)
Nevada requires ignition interlock devices for DUI offenders as part of license reinstatement. IID is mandatory for most DUI convictions, and the period increases with subsequent offenses and aggravators.
High BAC or other aggravating factors
Nevada does not separate statutory “super DUI” based solely on BAC in the base statute, but courts can impose enhanced sanctions within the statutory ranges for high BAC (e.g., ≥ 0.15%) and other aggravating factors, such as DUI with injury or death. A DUI that results in serious bodily injury or death can be prosecuted under vehicular assault or vehicular homicide statutes with higher penalties.
Felony DUI
A fourth DUI conviction within the seven-year statutory lookback is typically prosecuted as a felony. Certain aggravators, like DUI that causes death, carry separate felony-level exposure.
New Hampshire DUI/DWI laws and penalties
New Hampshire statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02%, zero tolerance for minors |
| Definition | New Hampshire statute refers to Operating or Being in Actual Physical Control of a Vehicle While Under the Influence of Intoxicating Liquor or Drugs (DUI) under RSA § 265-A:2 |
New Hampshire offense-level penalties
| 1st DUI | No mandatory minimum | Up to one year | $500-$1,200 | 9-month suspension, IID often required |
| 2nd DUI (prior within 10 years) | 10 days | Up to one year | $700-$2,000 | 1-year suspension, IID required |
| 3rd DUI (prior within 10 years) | 30 days | Up to three years | $1,000-$5,000 | 3-year revocation, IID required |
| 4th+ DUI (prior within 10 years), felony | 1 year | Up to seven years | $2,000-$10,000 | 5-year revocation, IID required |
Implied consent and test refusal
New Hampshire enforces an implied consent law. Operating a vehicle on state roads means consenting to chemical testing (breath, blood, urine) when lawfully arrested for DUI. Refusal triggers an administrative license suspension separate from a criminal DUI conviction. Refusal can be used as evidence in a prosecution.
Ignition Interlock Device (IID)
New Hampshire requires IIDs for certain DUI convictions, especially repeat offenses and high BAC readings. IID restrictions accompany restricted license privileges and typically extend beyond suspension.
High BAC or other aggravating factors
New Hampshire does not create separate statutory “super DUI” tiers based solely on BAC, but courts regularly impose enhanced sanctions for elevated BAC levels (e.g., ≥ 0.15%). DUI that causes serious injury or death can lead to enhanced charges under vehicular homicide or related statutes with much higher exposure.
Felony DUI
A fourth DUI conviction within 10 years is treated as a felony with enhanced statutory penalties. DUI with serious physical injury or death can be charged separately as a felony under different criminal statutes.
New Jersey DUI laws and penalties
New Jersey statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.01% for under-21 drivers |
| Definition | New Jersey refers to impaired driving as Driving While Under the Influence (DUI) under N.J.S.A. § 39:4-50 et seq. |
New Jersey offense-level penalties
| 1st DUI | Up to 30 days | Up to six months | $250-$400 | 3-month suspension, IID possible |
| 2nd DUI (prior within 10 years) | 48 hours | Up to nine months | $500-$1,000 | 2-year revocation, IID required |
| 3rd DUI (prior within 10 years) | 180 days | Up to 18 months | $1,000-$2,000 | 10-year revocation, IID required |
| 4th+ DUI (prior within 10 years), felony | 2 years | Up to 30 months | $2,000-$5,000 | 10-year revocation, IID required |
Implied consent and test refusal
New Jersey enforces an implied consent law. Driving on NJ roads means you consent to chemical testing (breath, blood, urine) when lawfully arrested for DUI. Refusal triggers administrative license suspension (often 7 months to 1 year) separate from the criminal case. Refusal is admissible in court and carries its own penalties.
Ignition Interlock Device (IID)
New Jersey requires ignition interlock devices for many DUI convictions, especially repeat offenders and those with elevated BAC. IID requirements often begin during suspension and extend into the restriction period.
High BAC or other aggravating factors
Elevated BAC levels (e.g., ≥ 0.15%) result in enhanced penalties, including mandatory jail minimums on certain repeat offenses. DUI that causes serious bodily injury or death is prosecuted under separate indictable (felony) statutes with greater sentencing exposure.
Felony DUI
A fourth DUI within the statutory 10-year lookback is generally a felony offense with enhanced custodial exposure. Additional felony exposure exists for DUI causing serious injury or death.
New Mexico DWI laws and penalties
New Mexico statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02%, zero tolerance for minors |
| Definition | New Mexico statute refers to Driving While Under the Influence (DWI) under NMSA § 66-8-102 |
New Mexico offense-level penalties
| 1st DWI | Up to 90 days | Up to 90 days | $500-$1,000 | 90-day revocation, IID possible |
| 2nd DWI (prior within 10 years) | Up to one year | Up to one year | $1,000-$2,000 | 1-year revocation, IID required |
| 3rd DWI (prior within 10 years) | Up to one year | Up to one year | $2,000-$5,000 | 3-year revocation, IID required |
| 4th+ DWI (prior within 10 years), felony | Up to three years | Up to three years | $3,000-$10,000 | 5-year revocation, IID required |
Implied consent and test refusal
New Mexico enforces an implied consent law. By operating a vehicle on New Mexico roads, drivers are deemed to have consented to chemical testing (breath, blood, urine) when lawfully arrested for DWI. Refusal triggers administrative license revocation and may be used in court. Refusal may also lead to extended license suspension separate from the criminal DWI process.
Ignition Interlock Device (IID)
New Mexico requires IIDs for many DWI convictions, particularly for second and subsequent offenders or those with high BAC results. IID installation is often a condition of restricted driving privileges following suspension.
High BAC or other aggravating factors
New Mexico does not use distinct statutory labels like “super DWI” based strictly on BAC level in the base text, but courts consider high BAC readings (e.g., 0.15%+) as aggravating factors that can drive enhanced penalties within the statutory ranges. DWI that causes serious bodily injury or death can be charged under separate enhanced criminal statutes (e.g., vehicular homicide).
Felony DUI
A fourth DWI within 10 years under New Mexico law is typically prosecuted as a felony with higher incarceration exposure and fines. More serious felony charges may apply when a DUI results in significant injury or death.
New York DWAI/DWI laws and penalties
New York statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02%, zero tolerance for under 21 |
| Definition | DWI (Driving While Intoxicated), DWAI (Driving While Ability Impaired), Aggravated DWI (higher BAC/injury/child) |
New York offense-level penalties
| 1st DWI (misdemeanor) | No mandatory minimum | Up to one year | $500-$1,000 | 6-month revocation, IID ≥ 6 months |
| 2nd DWI (prior within 10 years), Class E felony | 5 days or 30 days community service | Up to four years | $1,000-$5,000 | 1-yr revocation (18+ months for aggravated), IID required |
| 3rd DWI (prior within 10 years), Class D felony | 10 days or 60 days community service | Up to seven years | $2,000-$10,000 | 1+ year revocation, IID required |
| Aggravated DWI, 1st | No mandatory minimum | Up to one year | $1,000-$2,500 | 1-year revocation, IID required (BAC ≥ 0.18% or child passenger) |
| Aggravated DWI, 2nd | No mandatory minimum | Up to four years | $1,000-$5,000 | 18-month revocation, IID required |
Implied consent and test refusal
New York’s implied consent law mandates chemical testing upon lawful arrest for DWI. Refusal results in administrative license suspension (e.g., 1 year for first refusal; 18 months for repeat) and civil fines (e.g., $500–$750). Refusal can be used as evidence in a criminal case.
Ignition Interlock Device (IID)
New York requires an IID on vehicles owned/operated by a DWI offender for at least six months (often longer on repeat or aggravated offenses). IID is required as part of license reinstatement after a DWI conviction where imposed.
High BAC or other aggravating factors
Aggravated DWI (BAC ≥ 0.18% or child under 15 in the vehicle) triggers felony exposure on first or repeat offenses. DUI/DWI involving serious injury or death may be prosecuted under separate, enhanced criminal statutes.
Felony DUI
A second DWI within 10 years is generally a Class E felony. A third DWI within 10 years is generally a Class D felony. Aggravators and child passengers can elevate the classification even on a first offense.
North Carolina DWI laws and penalties
North Carolina statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.00%-0.02%, zero tolerance administrative |
| Definition | North Carolina refers to impaired driving as DWI under N.C. Gen. Stat. § 20-138.1 et seq. |
North Carolina offense-level penalties
| 1st DWI | 48 hours | Up to 150 days | $200-$1,000 | 1-year revocation, IID required for restricted license |
| 2nd DWI (prior within 7 years) | 7 days | Up to one year | $600-$2,000 | 4-year revocation, IID required |
| 3rd DWI (prior within 7 years) | 30 days | Up to one year | $2,000-$4,000 | 7-year revocation, IID required |
| 4th+ DWI, felony | 120 days | Up to five years | $4,000-$10,000 | 10-year revocation, IID required |
Implied consent and test refusal
North Carolina enforces implied consent laws. By operating a vehicle in the state, motorists consent to chemical testing (breath, blood, urine) when lawfully arrested for DWI. Refusal results in administrative license revocation separate from criminal DWI conviction. Test refusal may be presented as evidence in court.
Ignition Interlock Device (IID)
North Carolina requires an IID for certain DWI offenders, especially repeat offenders and those with high BAC. IID is generally required for restricted license eligibility and often part of reinstatement after suspension.
High BAC or other aggravating factors
North Carolina does not create a separate statutory category solely for high BAC, but courts often impose enhanced penalties (e.g., higher minimum incarceration and longer IID periods) for elevated BAC levels (e.g., ≥ 0.15%). DUI/DWI that results in injury or death may lead to separate felony charges (e.g., assault with a deadly weapon by vehicle, vehicular homicide).
Felony DUI
A fourth DWI conviction within the applicable lookback period is typically prosecuted as a felony. Other felony charges may apply when DUI causes serious bodily injury or death.
North Dakota DUI/DWI laws and penalties
North Dakota statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02%, zero tolerance for minors |
| Definition | North Dakota statute refers to Operating a Vehicle While Intoxicated under NDCC § 39-08-01 |
North Dakota offense-level penalties
| 1st DUI | 7 days | Up to one year | $500-$1,000 | 91-day revocation, IID required for restricted license |
| 2nd DUI (prior within 7 years) | 30 days | Up to one year | $1,000-$2,000 | 1-year revocation, IID required |
| 3rd DUI (prior within 7 years) | 90 days | Up to three years | $2,000-$5,000 | 2-year revocation, IID required |
| 4th+ DUI, felony | 180 days | Up to five years | $3,000-$10,000 | 3-year revocation, IID required |
Implied consent and test refusal
North Dakota enforces an implied consent law. By operating a vehicle in the state, drivers consent to chemical testing (breath, blood, or urine) when lawfully arrested for DUI. Refusal results in administrative license revocation (often 1 year for first refusal), separate from criminal penalties. Refusal may also be used at trial.
Ignition Interlock Device (IID)
North Dakota requires an IID for DUI convictions, particularly for repeat offenders and those with high BAC results. IID is typically required as part of restricted licensing after a suspension.
High BAC or other aggravating factors
North Dakota law may allow enhanced consequences within the statutory range for elevated BAC (e.g., ≥ 0.15%) and the presence of minors in the vehicle. DUI resulting in serious physical injury or death can be charged under vehicular assault and vehicular homicide statutes with higher potential penalties.
Felony DUI
A fourth DUI within the statutory lookback period is generally prosecuted as a felony with enhanced exposure. Certain aggravators, such as serious injury or death, can also elevate charges independently of repeat status.
Ohio OVI laws and penalties
Ohio statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02%, zero tolerance for minors |
| Definition | Ohio refers to impaired driving as Operating a Vehicle While Under the Influence (OVI) under Ohio Revised Code § 4511.19 |
Ohio offense-level penalties
| 1st OVI | 3 days | Up to six months | $375-$1,075 | 1-year suspension, IID required |
| 2nd OVI (prior within 6 years) | 10 days | Up to six months | $525-$1,625 | 2-year suspension, IID required |
| 3rd OVI (prior within 6 years) | 30 days | Up to six months | $850-$2,750 | 3-year suspension, IID required |
| 4th+ OVI (prior within 6 years) | 60 days | Up to one year | $1,300-$3,800 | 4-year suspension, IID required |
| 5th+ OVI, felony | 60 days | 18 months (could go higher) | $2,025-$10,000 | 5+ year suspension, IID required |
Implied consent and test refusal
Ohio enforces an implied consent statute. By operating a vehicle in the state, you consent to chemical tests (breath, blood, urine) when lawfully stopped for OVI suspicion. Refusal carries administrative license suspension (separate from criminal penalties) measured in years depending on prior refusals/OVI history. Test refusal can be used against a driver in court.
Ignition Interlock Device (IID)
Ohio requires ignition interlock devices on many OVI convictions, especially for repeat offenders or when BAC is significantly above 0.08%. IID is often mandatory before restricted driving privileges are granted during or after suspension.
High BAC or other aggravating factors
Ohio does not label a distinct “super OVI” statutory category solely for BAC ≥ 0.15%, but elevated BAC often results in heavier sanctions, extended IID terms, and more likely incarceration within the statutory ranges. OVI causing serious physical harm or death may lead to enhanced felony charges separate from base OVI.
Felony DUI
A fifth or higher OVI within the lookback period is typically prosecuted as a felony with increased sentencing exposure. Separate felony charges apply when OVI causes serious injury or death.
Oklahoma DUI laws and penalties
Oklahoma statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% |
| Definition | Oklahoma refers to impaired driving as DUI (Driving Under the Influence) under 47 O.S. § 11-902 |
Oklahoma offense-level penalties
| 1st DUI | 48 hours | Up to one year | $500-$1,000 | 90-day suspension, IID possible |
| 2nd DUI (prior within 10 years) | 7 days | Up to one year | $1,000-$2,000 | 1-year revocation, IID required |
| 3rd DUI (prior within 10 years) | 30 days | Up to five years | $2,000-$5,000 | 2-year revocation, IID required |
| 4th+ DUI (prior within 10 years), felony | 1 year | Up to 10 years | $2,500-$10,000 | 3-year revocation, IID required |
Implied consent and test refusal
Oklahoma has an implied consent law. By driving in the state, motorists consent to chemical testing (breath, blood, urine) when lawfully stopped for DUI. Refusal results in administrative license suspension separate from criminal DUI proceedings and can be considered in court. Administrative penalties for refusal carry their own fine and suspension ranges.
Ignition Interlock Device (IID)
IID installation is commonly required for DUI convictions in Oklahoma. Repeat offenders and those with high BAC readings may have longer IID mandates, especially as part of reinstatement terms.
High BAC or other aggravating factors
Oklahoma does not specify a separate statutory “super DUI” tier solely based on BAC level, but courts often impose enhanced sanctions for high BAC (e.g., ≥ 0.15%) and DUI with accidents/injury.
DUI that results in serious bodily injury or death can be prosecuted under enhanced criminal statutes (e.g., vehicular manslaughter), carrying more severe penalties.
Felony DUI
A fourth DUI conviction within the statutory lookback is generally a felony in Oklahoma with significant sentence exposure. Separate felony charges may apply if DUI causes death or severe injury.
Oregon DUII laws and penalties
Oregon statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.00%-0.02% (administrative zero tolerance) |
| Definition | Oregon refers to impaired driving as Driving Under the Influence (DUII) under ORS § 813.010 |
Oregon offense-level penalties
| 1st DUII | 48 hours | Up to one year | $1,000-$2,000 | 1-year suspension, IID required |
| 2nd DUII (prior within 10 years) | 10 days | Up to one year | $3,000-$4,000 | 3-year revocation, IID required |
| 3rd DUII (prior within 10 years) | 30 days | Up to one year | $4,000-$6,250 | 5-year revocation, IID required |
| 4th+ DUII (prior within 10 years), felony | 60 days | Up to five years | $5,000-$10,000 | 10-year revocation, IID required |
Implied consent and test refusal
Oregon enforces an implied consent law. By operating a vehicle in the state, motorists consent to chemical testing (breath, blood, urine) when lawfully arrested for DUII. Refusal results in administrative license suspension separate from criminal DUII penalties. Refusal may also be introduced in the criminal proceeding.
Ignition Interlock Device (IID)
Oregon generally requires ignition interlock devices for DUII convictions, especially repeat offenders and high-BAC cases. IID installation is required during license suspension in many cases and as a condition of restricted privileges.
High BAC or other aggravating factors
Oregon does not define a separate statutory “super DUI” solely by BAC range, but courts consider elevated BAC levels (e.g., ≥ 0.15%) and other aggravating factors (e.g., accidents, minor passengers) when imposing enhanced sentences within the statutory ranges.
DUII that results in serious physical injury or death can be prosecuted under criminally negligent homicide or aggravated vehicular assault statutes with higher penalties.
Felony DUI
A fourth DUII within the statutory lookback period is typically prosecuted as a felony with enhanced sentencing exposure. Separate felony charges apply where DUII results in serious injury or death.
Pennsylvania DUI laws and penalties
Pennsylvania statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.00%-0.02% (administrative zero tolerance) |
| Definition | Pennsylvania refers to the offense as Driving Under the Influence (DUI) under 75 Pa. C.S. § 3802 |
Pennsylvania offense-level penalties
| 1st DUI | 48 hours | Up to six months | $300-$2,500 | 12-month suspension, IID required |
| 2nd DUI (prior within 10 years) | 5 days | Up to two years | $750-$5,000 | 12-month suspension, IID required |
| 3rd DUI | 10 days | Up to two years | $1,500-$5,000 | 12-month suspension, IID required |
| 4th+ DUI, felony | 90 days | Up to five years | $2,000-$10,000 | 12-month suspension, IID required |
Implied consent and test refusal
Pennsylvania enforces implied consent. By operating a vehicle on state roads, drivers consent to chemical testing (breath, blood, or urine) when lawfully arrested for DUI. Refusal results in administrative driver license suspension (often 12 months for first refusal) separate from criminal DUI penalties. Refusal may also be used by prosecutors at trial.
Ignition Interlock Device (IID)
Pennsylvania requires ignition interlock devices for all DUI convictions, including first-offenders, as part of any restricted license program. IID terms typically range from one year for first offenses to longer periods for repeat offenders.
High BAC or other aggravating factors
While Pennsylvania statutes do not create a distinct “super DUI” label based strictly on BAC (e.g., ≥ 0.15%), high BAC—including BAC ≥ 0.10 %—is often an aggravating factor at sentencing. DUI with accidents causing serious bodily injury or death may lead to additional felony charges under separate vehicular homicide/assault statutes.
Felony DUI
A fourth DUI conviction within the relevant lookback period is typically prosecuted as a felony with enhanced incarceration potential. Other felony triggers include DUI causing serious physical injury or death.
Rhode Island OVUII laws and penalties
Rhode Island statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.00%-0.02% (zero tolerance for minors) |
| Definition | Rhode Island refers to impaired driving as Operating a Vehicle Under the Influence (OVUII) under R.I. Gen. Laws § 31-27-2 |
Rhode Island offense-level penalties
| 1st OVUII | 5 days | Up to one year | $500-$1,000 | 1-year suspension, IID often required |
| 2nd OVUII (prior within 10 years) | 10 days | Up to three years | $1,000-$3,000 | 3-year suspension, IID required |
| 3rd OVUII | 20 days | Up to five years | $1,500-$5,000 | 5-year suspension, IID required |
| 4th+ OVUII, felony | 30 days | Up to 10 years | $2,000-$10,000 | 1-year suspension, IID required |
Implied consent and test refusal
Rhode Island enforces an implied consent law. By operating a motor vehicle in the state, drivers consent to chemical testing (breath, blood, urine) when lawfully arrested for OVUII. Refusal results in administrative license suspension separate from criminal OVUII proceedings. Refusal may be introduced in criminal prosecution.
Ignition Interlock Device (IID)
Rhode Island generally requires an IID as part of license reinstatement after a DUI conviction, particularly for repeat offenders and high BAC cases. IID periods typically match or exceed the conviction’s suspension term.
High BAC or other aggravating factors
Elevated BAC levels often lead to enhanced penalties within the statutory ranges, though Rhode Island’s base statute doesn’t use separate labels like “super DUI.” DUI resulting in serious injury or death can be prosecuted under vehicular homicide or related criminal statutes with higher potential penalties.
Felony DUI
A fourth OVUII within the statutory lookback period is generally prosecuted as a felony with extended incarceration exposure and higher fines. Other felony charges are possible if DUI causes serious physical injury or death.
South Carolina DUI laws and penalties
South Carolina statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.00%-0.02% (administrative zero tolerance for minors) |
| Definition | South Carolina refers to impaired driving as Driving Under the Influence (DUI) under S.C. Code Ann. § 56-5-2930 |
South Carolina offense-level penalties
| 1st DUI | 48 hours | Up to one year | $400-$1,000 | 6-month suspension, IID possible |
| 2nd DUI (prior within 10 years) | 5 days | Up to three years | $2,100-$5,100 | 1-year suspension, IID required |
| 3rd DUI (prior within 10 years) | 30 days | Up to five years | $3,800-$6,300 | 2-year suspension, IID required |
| 4th+ DUI, felony | 1 year | Up to five years | $5,100-$10,100 | 2-year suspension, IID required |
Implied consent and test refusal
South Carolina enforces an implied consent statute. By operating a vehicle in the state, drivers consent to chemical testing (breath, blood, urine) when lawfully arrested for DUI. Refusal results in separate, administrative license suspension (often at least one year for the first refusal). Refusal may also be admissible as evidence in criminal proceedings.
Ignition Interlock Device (IID)
South Carolina mandates an IID for many DUI convictions, particularly for repeat offenders and high BAC readings. Specific IID requirements and durations are set by statute and/or SCDMV rules.
High BAC or other aggravating factors
South Carolina typically treats higher BAC levels (e.g., ≥ 0.15%) as an aggravating factor that can increase penalties even within the statutory ranges above. DUI that results in serious bodily injury or death may be charged under separate criminal statutes with greater potential sentences, such as vehicular homicide).
Felony DUI
A fourth DUI within the statutory lookback period is typically a felony. DUI that causes serious injury or death may trigger other felony charges separate from the base DUI statute.
South Dakota DUI laws and penalties
South Dakota statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.00%-0.02% (zero tolerance for minors) |
| Definition | South Dakota refers to impaired driving as DUI (Driving Under the Influence) under SDCL § 32-23-1 |
South Dakota offense-level penalties
| 1st DUI | 24 hours | Up to one year | $400-$1,000 | 90-day revocation, IID likely |
| 2nd DUI (prior within 10 years) | 5 days | Up to one year | $1,000-$2,000 | 1-year revocation, IID required |
| 3rd DUI (prior within 10 years) | 30 days | Up to one year | $2,000-$4,000 | 2-year revocation, IID required |
| 4th+ DUI, felony | 1 year | Up to five years | $4,000-$10,000 | 2-year revocation, IID required |
Implied consent and test refusal
South Dakota enforces an implied consent law. By operating a vehicle on South Dakota roads, drivers consent to chemical testing (breath, blood, urine) when lawfully arrested for DUI. Refusal results in administrative license suspension (separate from criminal penalties) and can include civil fines and extended revocation periods. Refusal may also be used as evidence in DUI prosecutions.
Ignition Interlock Device (IID)
South Dakota generally requires IIDs for DUI convictions, particularly repeat offenders and those with high BAC readings. IID may be required as a condition of restricted driving privileges and as part of reinstatement after statutory revocation.
High BAC or other aggravating factors
While South Dakota statutes do not create a separate “super DUI” based solely on BAC thresholds, courts often impose enhanced sanctions for elevated BAC levels (e.g., 0.15%+) and for DUI involving accidents or injuries. DUI that results in serious bodily injury or death can result in charges under separate enhanced criminal statutes (e.g., vehicular homicide).
Felony DUI
A fourth DUI (or subsequent) conviction within the statutory lookback period is generally prosecuted as a felony with enhanced statutory penalties. Other felony charges may apply if DUI causes significant physical harm or death.
Tennessee DUI/DWI laws and penalties
Tennessee statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% (zero tolerance for minors) |
| Definition | Tennessee refers to impaired driving as Driving Under the Influence (DUI); some courts also use DWI interchangeably |
Tennessee offense-level penalties
| 1st DUI | No mandatory minimum | Up to 11 months and 29 days | $350-$1,500 | 1-year revocation, IID possible |
| 2nd DUI (prior within 10 years) | 45 days | Up to 11 months and 29 days | $600-$3,500 | 2-year revocation, IID required |
| 3rd DUI (prior within 10 years) | 120 days | Up to 11 months and 29 days | $1,100-$10,000 | 8-year revocation, IID required |
| 4th+ DUI (within lookback), felony | 1 year | Up to six years | $3,000-$14,000 | 10-year revocation, IID required |
Implied consent and test refusal
Tennessee enforces implied consent under T.C.A. § 55-10-406. A driver arrested for DUI implicitly consents to chemical testing (breath, blood, urine). Refusal results in an administrative driver license suspension (separate from criminal DUI penalties), typically one year on first refusal, longer on subsequent refusals. Refusal evidence may be admissible in DUI prosecutions.
Ignition Interlock Device (IID)
Tennessee generally requires IIDs for repeat offenders and may provide IID-based restricted permits for certain first offenders. High BAC readings and prior offenses make IID mandatory for license reinstatement.
High BAC or other aggravating factors
Tennessee doesn’t label a separate statutory “super DUI” tier based strictly on BAC, but courts regularly impose heavier sentences within statutory ranges for elevated BAC (e.g., 0.15%+). DUI that causes serious injury or death may trigger enhanced charges (vehicular assault, vehicular homicide) under separate statutes with higher exposure.
Felony DUI
A fourth DUI within the statutory lookback is typically prosecuted as a felony. Separate felony charges may apply if DUI results in serious bodily injury or death under related statutes (e.g., vehicular homicide). A fourth DUI (or subsequent) conviction within the statutory lookback period is generally prosecuted as a felony with enhanced statutory penalties. Other felony charges may apply if DUI causes significant physical harm or death.
Texas DWI laws and penalties
Texas statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% BAC |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% (zero tolerance for minors) |
| Definition | Texas statute refers to Driving While Intoxicated (DWI) under Texas Penal Code § 49.04 |
Texas offense-level penalties
| 1st DWI | No mandatory minimum | Up to 180 days | Up to $2,000 | 90-day suspension, IID often required for hardship license |
| 2nd DWI within five years | 30 days | Up to one year | Up to $4,000 | 1-year suspension, IID required |
| 3rd DWI, felony | 2 years | Up to ten years | Up to $10,000 | 2-year suspension, IID required |
| 4th+ DWI, felony | 2 years | Up to ten years | Up to $10,000 | 2-year suspension, IID required |
Implied consent and test refusal
Texas has an implied consent law (Texas Transportation Code). By driving in Texas, a person consents to chemical testing (breath, blood, or urine) when lawfully arrested for DWI. Refusal triggers an administrative license suspension (often up to 180 days on first refusal, longer for subsequent refusals), separate from criminal penalties. Refusal may also be used in court.
Ignition Interlock Device (IID)
Texas requires IIDs for many DWI offenders as part of license reinstatement and for obtaining a hardship driving permit after a suspension. Higher IID requirements apply for repeat offenders and high-risk cases.
High BAC or other aggravating factors
Texas enhances penalties for certain aggravating factors, including a child passenger (under age 15) during DWI, that often increases minimum jail and fines; Intoxication Assault and Intoxication Manslaughter (if serious injury or death) is prosecuted under separate statutes with significantly higher penalties.
Felony DUI
A third DWI within the statutory lookback period (typically 5 years) is a felony with elevated minimum prison exposure (2 years). Intoxication Assault (injury) or Manslaughter (death) impose greater felony penalties beyond standard DWI elevations.
Utah DUI laws and penalties
Utah statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.05% BAC → this is a lower per se limit than most states |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.00% (zero tolerance for minors) |
| Definition | Utah refers to the offense as Driving Under the Influence (DUI) under Utah Code § 41-6a-502 |
Utah offense-level penalties
| 1st DUI | 48 hours | Up to six months | $700-$1,000 | 120-day suspension, IID required |
| 2nd DUI within 10 years | 7 days | Up to one year | $1,000-$2,500 | 1-year suspension, IID required |
| 3rd DUI within 10 years | 90 days | Up to five years | $2,000-$5,000 | 2-year suspension, IID required |
| 4th+ DWI, felony | 1 year | Up to 15 years | $5,000-$10,000 | 3-year suspension, IID required |
Implied consent and test refusal
Utah enforces implied consent. A driver arrested for DUI must submit to chemical testing (breath, blood, urine). Refusal results in administrative driver license revocation for a separate period from criminal penalties. Evidence of refusal can be used in court.
Ignition Interlock Device (IID)
Utah requires an IID as part of criminal sentence and as a condition of license reinstatement for DUI convictions, with lengths depending on offense level and prior history.
High BAC or other aggravating factors
Utah has multiple aggravating factors including:
- High BAC (e.g., ≥ 0.16%), which can result in mandatory longer minimum jail time or enhanced penalties;
- DUI resulting in serious bodily injury or death can be punished under elevated criminal statutes (e.g., aggravated DUI with bodily injury); or
- Presence of minor passengers may also result in additional penalties.
Felony DUI
A fourth DUI conviction within the statutory lookback period is generally prosecuted as a felony with a wide incarceration range (up to 15 years). DUI that causes significant injury or death may be charged under aggravated assault or vehicular manslaughter statutes.
Vermont DUI laws and penalties
Vermont statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% (zero tolerance for minors) |
| Definition | Vermont refers to impaired driving as Driving Under the Influence (DUI) under 23 V.S.A. § 1210 |
Vermont offense-level penalties
| 1st DUI | No mandatory minimum | Up to two years | $200-$900 | 2-year revocation, IID required after reinstatement |
| 2nd DUI within 10 years | 30 days | Up to three years | $400-$1,800 | 4-year revocation, IID required |
| 3rd DUI within 10 years | 120 days | Up to five years | $800-$2,800 | 6-year revocation, IID required |
| 4th+ DWI, felony | 1 year | Up to 10 years | $1,000-$5,000 | 8-year revocation, IID required |
Implied consent and test refusal
Vermont enforces implied consent. A driver arrested for DUI is deemed to have consented to chemical testing (breath, blood, or urine). Test refusal triggers administrative license suspension separate from criminal penalties. Refusal can be admitted as evidence in prosecution.
Ignition Interlock Device (IID)
Vermont requires IID for DUI convictions, often as a condition of license reinstatement after suspension. IID requirements generally become more extensive with repeat offenses.
High BAC or other aggravating factors
Vermont courts may impose higher sanctions within statutory ranges for high BAC readings, DUI involving accidents or injuries, or DUI with minors present. DUI that results in serious physical injury or death can result in additional enhanced criminal charges (e.g., aggravated vehicular assault, homicide).
Felony DUI
A fourth DUI conviction within the statutory lookback period is generally prosecuted as a felony with greater incarceration potential and higher fines. A DUI that causes significant injury or death also attracts felony exposure under separate statutes.
Virginia DUI laws and penalties
Virginia statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% (zero tolerance for minors) |
| Definition | Virginia refers to impaired driving as Driving Under the Influence (DUI) under Va. Code § 18.2-266 |
Virginia offense-level penalties
| 1st DUI, misdemeanor | No mandatory minimum | Up to one year | $250-$2,500 | 1-year suspension, IID possible |
| 2nd DUI within 10 years | 5 days | Up to one year | $500-$2,500 | 3-years suspension, IID required |
| 3rd DUI within 10 years | 10 days | Up to one year | $1,000-$2,500 | 5-years suspension, IID required |
| 4th+ DWI, felony | 6 months | Up to five years | $1,000-$2,500 | Revocation, 5+ years, IID required |
Implied consent and test refusal
Virginia enforces an implied-consent law. By operating a vehicle in the state, a driver consents to chemical testing (breath, blood, urine) when lawfully stopped for DUI. Refusal results in administrative license suspension (separate from criminal penalties). Refusal may be admitted in DUI prosecutions.
Ignition Interlock Device (IID)
Virginia has an ignition interlock program for DUI offenders. An IID is often mandated as part of license reinstatement after suspension, particularly for repeat offenders or high BAC cases.
High BAC or other aggravating factors
Virginia statutes allow courts to impose enhanced sanctions within statutory ranges for elevated BAC levels (often ≥ 0.15%), accidents with injury, or DUI with minors present. DUI that results in serious physical injury or death may be prosecuted under separate felony statutes (e.g., vehicular manslaughter or aggravated DUI with injury).
Felony DUI
A fourth DUI within a 10-year lookback is typically prosecuted as a felony. A DUI that causes serious bodily harm or death can result in separate elevated felony charges under Virginia law.
Washington DUI laws and penalties
Washington statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% (zero tolerance for minors) |
| Definition | Washington refers to impaired driving as DUI (Driving Under the Influence) and also includes Physical Control offenses under RCW § 46.61.502 |
Washington offense-level penalties
| 1st DUI, BAC < 0.15% | 24 hours | Up to 364 days | $350-$5,000 | 90-day suspension, IID required |
| 1st DUI, BAC < 0.15% / refusal | 48 hours | Up to 364 days | $500-$5,000 | 90 days to one year |
| 2nd DUI within 7 years | 30 days | Up to 364 days | $500-$5,000 | 2-years suspension, IID required |
| 3rd DUI within 7 years | 90 days | Up to 364 days | $1,000-$5,000 | 3-years suspension, IID required |
| Felony DUI, 3+ priors within 15 years | Varies, class C/B felony | Up to 10 years prison | Up to $20,000 | 3+ years suspension, IID required |
Implied consent and test refusal
Washington has implied consent law. A driver arrested for DUI must submit to chemical testing (breath, blood, urine) under RCW § 46.20.308. Refusal results in an administrative license suspension that is separate from criminal DUI penalties and may affect reinstatement eligibility. Test refusal can influence criminal sentencing ranges.
Ignition Interlock Device (IID)
Washington generally requires IID installation following DUI convictions before restricted or full license reinstatement, particularly for repeat offenders or high-BAC cases. IID durations align with major suspensions and can extend beyond court sanctions.
High BAC or other aggravating factors
Higher BAC (≥ 0.15%) or test refusal raises mandatory minimum jail terms and fines. Presence of a minor passenger can increase jail minimums and fines.
Felony DUI
Beginning January 1, 2026, Washington extended the felony lookback period from 10 to 15 years, meaning a DUI with three or more priors within 15 years can be a Class C or B felony with far greater incarceration and fine exposure than misdemeanor DUIs.
West Virginia DUI laws and penalties
West Virginia statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% (zero tolerance for minors) |
| Definition | West Virginia refers to impaired driving as Driving Under the Influence (DUI) under W.Va. Code § 17C-5-2 |
West Virginia offense-level penalties
| 1st DUI | 48 hours | Up to six months | $500-$1,200 | 6-month suspension, IID possible |
| 2nd DUI within 10 years | 5 days | Up to one year | $800-$2,500 | 1-year revocation, IID required |
| 2nd DUI within 10 years | 30 days | Up to one year | $1,200-$3,000 | 2-year revocation, IID required |
| 4th+ DUI, felony | 6 months | Up to three years | $2,500-$5,000 | 5-year revocation, IID required |
Implied consent and test refusal
West Virginia enforces implied consent. By driving in the state, a driver consents to chemical tests (breath, blood, or urine) when lawfully arrested for DUI. Refusal results in administrative license suspension separate from criminal DUI penalties. Refusal is often admissible in the DUI prosecution.
Ignition Interlock Device (IID)
West Virginia generally requires IIDs for DUI convictions, particularly for repeat offenders and high BAC cases. IID requirements typically accompany restricted driving privileges after suspension.
High BAC or other aggravating factors
West Virginia has enhanced penalties within the statutory ranges for high BAC readings (often ≥ 0.15%) and when accidents involve injury or death. A DUI that results in serious physical injury or death may be prosecuted under separate enhanced criminal statutes with greater exposure.
Felony DUI
A fourth DUI within the statutory lookback period is typically prosecuted as a felony with increased incarceration and fines. Other felony charges may apply if a DUI causes serious bodily injury or death.
Wisconsin OWI laws and penalties
Wisconsin statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% zero tolerance and Prohibited Alcohol Concentration (PAC) rules apply to drivers with three or more prior OWI convictions |
| Definition | A first OWI offense is generally a civil forfeiture (non-criminal) in Wisconsin unless aggravated by injury, death, or minor passengers |
Wisconsin offense-level penalties
| 1st OWI | None (civil) | None (civil) | $150-$300 | 6-9 months revocation, IID if BAC ≥ 0.15 or other factors |
| 2nd OWI | 5 days | Six months | $350-$1,100 | 12–18 months revocation, IID required |
| 3rd OWI | 45 days | One year | $600-$2,000 | 2–3 years revocation, IID required |
| 4th OWI, felony | 60 days | Up to six years | $600-$10,000 | Lifetime or long revocation, IID required |
| 5th and 6th OWI, felony | 60 days | Up to six years | $600-$10,000 | 2 years to lifetime revocation, IID required |
| 7th OWI, felony | 3 years | Up to 12.5 years | Up to $25,000 | 2 years to lifetime revocation, IID required |
Wisconsin is unique among U.S. states in classifying a first OWI as a civil forfeiture, not a criminal misdemeanor, unless specific aggravators apply, such as serious injury, death, or a passenger under 16. However, a second or third OWI are criminal misdemeanors.
Implied consent and test refusal
Wisconsin enforces an implied consent law. By driving in the state, a motorist consents to chemical testing when arrested for OWI. Refusal results in administrative license revocation (often one to two years) and separate penalties.
Ignition Interlock Device (IID)
IID is required for:
- First OWI if BAC ≥ 0.15%
- Any repeat OWI
- Refusal of chemical tests
- OWI causing injury or death
An IID usually must be installed on all vehicles registered to the offender, and the duration is court-determined.
High BAC or other aggravating factors
Elevated BAC (e.g., ≥ 0.15%) increases both jail minimums and IID requirements. An OWI that causes serious injury or death may be prosecuted under enhanced criminal statutes (e.g., homicide by OWI) with much higher penalties (up to 25+ years).
Felony DUI
A fourth OWI (or subsequent) conviction is generally prosecuted as a felony with significant incarceration and fines. More severe felony charges apply if the OWI contributes to injury or death under separate statutes.
Wyoming DUI laws and penalties
Wyoming statutory penalty breakdown
| Legal BAC limit (21 & older) | 0.08% |
| Commercial driver BAC limit | 0.04% |
| Zero tolerance (under 21) | 0.02% zero tolerance and Prohibited Alcohol Concentration (PAC) rules apply to drivers with three or more prior OWI convictions |
| Definition | Wyoming refers to impaired driving as DUI under Wyo. Stat. § 31-5-233 |
Wyoming offense-level penalties
| 1st DUI | No mandatory minimum | Up to six months | $200-$750 | 90-day suspension, IID possible |
| 2nd DUI within 10 years | 7 days | Up to six months | $400-$750 | 1 year suspension, IID required |
| 3rd DUI within 10 years | 30 days | Up to six months | $750-$3,000 | 3-year suspension, IID required |
| 4th+ DUI, felony | 6 months | Up to seven years | $750-$10,000 | 3-year suspension, IID required |
Implied consent and test refusal
Wyoming enforces implied consent. Drivers are deemed to consent to chemical testing (breath, blood, urine). Refusal results in administrative license suspension (generally six months for first refusal; longer for repeat refusals). Refusal may be used as evidence in court.
Ignition Interlock Device (IID)
Wyoming requires IID installation:
- For repeat offenders
- In certain high BAC cases
- As a condition of restricted license reinstatement
Duration increases with repeat offenses.
High BAC or other aggravating factors
Wyoming enhances penalties when the BAC is 0.15% or higher, minor passengers are present, or the DUI results in injury or death (charged under separate felony statutes).
Felony DUI
A 4th DUI within 10 years is generally a felony. A DUI that results in serious bodily injury or death may lead to separate felony charges with higher exposure.