Drunk driving, first offence: penalties in each state
Driving while impaired by alcohol or drugs, with no earlier conviction and no injury to anyone.
What to look for: First offences are usually misdemeanors, but several states set a minimum jail term, a minimum fine and a licence suspension.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
9 states covered so far
Arizona
At least 10 days in jail (nearly all can be suspended after treatment), up to 6 months, and a fine
Show the degrees and the statutes
Driving under the influence, first offence (Class 1 misdemeanor)
- Least
- At least 10 consecutive days in jail
- Most
- Up to 6 months in jail
- Fine
- Fine of at least $250, plus mandatory assessments
The judge may suspend all but one day of the jail term if the person completes a court-ordered alcohol or drug screening, education or treatment programme. A higher-alcohol offence (extreme DUI) carries stiffer terms under a different section.
California
At least 96 hours in jail, up to 6 months, and a fine
Show the degrees and the statutes
Driving under the influence, first offence (Misdemeanor)
- Least
- At least 96 hours in county jail (at least 48 of them continuous)
- Most
- Up to 6 months in county jail
- Fine
- Fine of $390 to $1,000, plus penalty assessments
Probation, a licence suspension and further requirements commonly follow (§ 23536(b)).
Florida
Up to 6 months in jail and a fine of $500 to $1,000
Show the degrees and the statutes
Driving under the influence, first conviction (Misdemeanor of the first degree)
- Least
- No minimum term set by the statute
- Most
- Up to 6 months in jail
- Fine
- Fine of $500 to $1,000
If the alcohol level was 0.15 or more, or a minor was in the vehicle, the fine is $1,000 to $2,000 and the jail term up to 9 months. The offence is a felony if it causes serious bodily injury, and a second-degree felony or higher if it causes death.
Iowa
At least 48 hours in jail, up to 1 year, and a fine
Show the degrees and the statutes
Operating while intoxicated, first offence (Serious misdemeanor)
- Least
- At least 48 hours in county jail
- Most
- Up to 1 year
- Fine
- Fine of $1,250
At least 48 hours in county jail (not more than one year), a fine of $1,250 (the court may waive up to $625 in some cases), and licence revocation for 180 days up to one year. A second offence is an aggravated misdemeanor, and a third is a Class D felony.
Maryland
Up to 1 year in jail or a fine of up to $1,200 (driving under the influence); up to 2 months or $500 (driving while impaired)
Show the degrees and the statutes
Driving while impaired by alcohol, first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 2 months in jail
- Fine
- Fine of up to $500
Driving under the influence of alcohol, first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in jail
- Fine
- Fine of up to $1,200 (the court may impose jail, a fine, or both)
New York
A fine of $500 to $1,000 or up to 1 year in jail, or both
Show the degrees and the statutes
Driving while intoxicated, first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in jail (a fine alone is also allowed)
- Fine
- Fine of $500 to $1,000
The court can impose a fine, imprisonment, or both. A licence revocation also follows. Higher penalties apply to aggravated DWI and to repeat offences.
Texas
At least 72 hours in jail, up to 180 days, and a fine up to $2,000
Show the degrees and the statutes
Driving while intoxicated, first offence (Class B misdemeanor)
- Least
- At least 72 hours of confinement
- Most
- Up to 180 days in jail
- Fine
- Fine of up to $2,000
A minimum of 72 hours in confinement (6 days if there was an open container). If the alcohol concentration was 0.15 or more, the offence is a Class A misdemeanor (up to 1 year; § 49.04(d)).
Virginia
Up to 12 months in jail, a fine of at least $250, and higher minimums at higher alcohol levels
Show the degrees and the statutes
Driving under the influence, first offence (Class 1 misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 12 months in jail
- Fine
- Mandatory minimum fine of $250; up to $2,500
Higher alcohol concentrations carry mandatory minimum jail terms. A licence suspension also follows.
Washington
At least 24 hours in jail, up to 364 days, and a fine of $350 to $5,000
Show the degrees and the statutes
Driving under the influence, first offence (Gross misdemeanor)
- Least
- At least 24 consecutive hours in jail (the court may order at least 15 days of electronic home monitoring instead)
- Most
- Up to 364 days in jail
- Fine
- Fine of $350 to $5,000
Where the alcohol concentration is 0.15 or more, or the person refuses the test, the minimum jail term is 48 hours and the minimum fine is higher. Other penalties, such as licence revocation, also follow.
Other states are being added. Spotted a mistake? Tell us.
