First-Offense DUI/DWI Penalties by State
Penalties for a standard first DUI or DWI conviction (basic BAC, no minors in the vehicle, no accident or injury, no prior offenses) vary significantly by state. Use the table below to compare fines, jail time, ignition interlock (IID) requirements, and community service for every state and Washington, D.C. Each entry is sourced to the official state statute or agency.
Browse Penalties by State
Select your state to see first-offense fines, jail, IID, and community service requirements.
51 states
Alabama
SourceFine
$600–$2,100
Jail Time
Up to 1 year (fully suspendable)
Ignition Interlock (IID)
Yes, 1 yr (suspension stayed if installed)
Community Service
Not mandated
No mandatory minimum jail; DUI court/substance-abuse referral is mandatory.
Alaska
SourceFine
Min. $1,500 (up to $25,000)
Jail Time
Mandatory min. 72 consecutive hrs
Ignition Interlock (IID)
Yes, min. 6 months
Community Service
Discretionary only
Jail is a true mandatory minimum, not suspendable.
Arizona
SourceFine
Min. $250 (+ $1,000 in mandatory assessments)
Jail Time
Mandatory min. 10 consecutive days
Ignition Interlock (IID)
Yes, whenever alcohol involved
Community Service
Discretionary, no set minimum
Mandatory jail even for a standard first offense — unusual among most states.
Arkansas
SourceFine
$150–$1,000
Jail Time
24 hrs–1 year (7-day min. if passenger under 16)
Ignition Interlock (IID)
Available via restricted license
Community Service
May substitute for jail with “good cause”
Fine figure not stated on an official AR source; secondary source used for that detail.
California residents: Attorney contact requests are not available in California through this website. To find a lawyer, use the State Bar of California's directory of certified lawyer referral services at calbar.ca.gov, or call the State Bar at 415-538-2000. Certified services are approved by the State Bar and must meet standards set by the California Supreme Court.
Colorado residents: Attorney contact requests are not available in Colorado through this website. To find a lawyer, use the Colorado Bar Association's Find a Lawyer directory at cobar.org/Find-A-Lawyer or your local county bar association.
Connecticut
SourceFine
$500–$1,000
Jail Time
Up to 6 months (48 hrs mandatory) OR fully suspended + probation
Ignition Interlock (IID)
Yes, 1 year
Community Service
100 hrs if on the suspended-sentence/probation track
Two distinct sentencing tracks: mandatory jail vs. suspended sentence + community service.
Delaware
SourceFine
$500–$1,500
Jail Time
Up to 12 months (may be fully suspended)
Ignition Interlock (IID)
Yes, as condition of driving
Community Service
Not mandated
No mandatory jail floor.
Florida
SourceFine
$500–$1,000 (rises to $1,000–$2,000 if BAC ≥0.15/minor in car)
Jail Time
Up to 6 months (up to 9 if BAC ≥0.15/minor in car)
Ignition Interlock (IID)
Only required at BAC ≥0.15
Community Service
Not mandated on official source reviewed
Statute already splits first offense by BAC tier.
Georgia
SourceFine
$300–$1,000
Jail Time
10 days–12 months (24-hr mandatory min. if BAC ≥0.08)
Ignition Interlock (IID)
Not addressed as a flat conviction mandate
Community Service
Min. 40 hrs (20 hrs if BAC below 0.08)
Also mandates DUI Risk Reduction Program + clinical evaluation.
Hawaii
SourceFine
$250–$1,000
Jail Time
Court picks ONE: 48 hrs–5 days jail, OR 72 hrs community service, OR 14-hr rehab
Ignition Interlock (IID)
Yes, during 1–1.5 yr revocation
Community Service
72 hrs (if chosen as jail alternative)
Penalty is “pick one of three,” not stacked.
Idaho
SourceFine
Up to $1,000
Jail Time
Up to 6 months (no mandatory min. at BAC .08–.19)
Ignition Interlock (IID)
Yes, 1 year post-suspension
Community Service
Not specified
Harsher tier at BAC ≥0.20: mandatory min. 10 days jail, fine up to $2,000.
Illinois
SourceFine
Up to $2,500
Jail Time
Up to 1 year (no mandatory minimum)
Ignition Interlock (IID)
Required only to drive during statutory summary suspension (MDDP)
Community Service
100 hrs mandatory if BAC ≥0.16%
Official ilga.gov statute pages were unreachable; a DUI-defense law firm's statute summary was used.
Indiana
SourceFine
Up to $500 (up to $5,000 if elevated)
Jail Time
Up to 60 days (up to 1 yr if elevated)
Ignition Interlock (IID)
Discretionary; mandatory only after test refusal
Community Service
Not specified
Can be elevated to Class A misdemeanor if driving endangered a person.
Iowa
SourceFine
$1,250 (may reduce to $625)
Jail Time
Mandatory min. 48 hrs, up to 1 year
Ignition Interlock (IID)
Required only with a temporary restricted license
Community Service
May substitute for fine at court discretion
48-hr minimum can be served around a work schedule.
Kansas
SourceFine
$750–$1,000
Jail Time
Mandatory min. 48 consecutive hrs, up to 6 months
Ignition Interlock (IID)
Not required unless BAC ≥0.15 or refusal
Community Service
100 hrs may substitute for jail
Standard-BAC first offenses are not automatically subject to interlock.
Kentucky
SourceFine
$200–$500
Jail Time
Mandatory min. 48 hrs, up to 30 days
Ignition Interlock (IID)
Optional (shortens suspension from 6 to 4 months)
Community Service
May substitute for fine/jail via court petition
Louisiana
SourceFine
$300–$1,000
Jail Time
10 days–6 months (mandatory 48-hr min., waivable with 32 hrs community service)
Ignition Interlock (IID)
Yes, min. 6 months during probation
Community Service
Min. 32 hrs (alternative to mandatory jail)
Community service is effectively built in as an alternative to the mandatory jail term.
Maine
SourceFine
Min. $500 ($600 if refused test)
Jail Time
No mandatory jail for standard first offense; 48-hr min. only if BAC ≥0.15, 30+ mph over limit, eluding police, or passenger under 21
Ignition Interlock (IID)
Voluntary — cuts 150-day suspension to 30 days if installed
Community Service
Not required
Standard first offense (no aggravating factors) carries no mandatory jail time.
Maryland
SourceFine
Up to $1,200 (or up to $500 for lesser “impaired” charge)
Jail Time
Up to 1 year (or up to 2 months for lesser charge)
Ignition Interlock (IID)
Discretionary, up to 3-yr restriction if imposed
Community Service
Not specified
Two first-offense tiers depending on charge brought (“under the influence” vs. “while impaired”).
Massachusetts
SourceFine
$500–$5,000
Jail Time
Up to 2.5 years — no mandatory minimum
Ignition Interlock (IID)
Not required (only for hardship license if BAC ≥0.15)
Community Service
None required by statute
Court may impose 2-yr probation with residential treatment in lieu of jail.
Michigan
SourceFine
Up to $500 (BAC .08–.169) / up to $700 (BAC ≥.17)
Jail Time
Up to 93 days / up to 180 days (BAC ≥.17) — no mandatory minimum
Ignition Interlock (IID)
Not required at base tier; required for restricted license at BAC ≥.17
Community Service
Up to 360 hrs, both tiers
First offense splits into two BAC tiers (below/above .17).
Minnesota
SourceFine
Up to $1,000
Jail Time
Up to 90 days — no mandatory minimum
Ignition Interlock (IID)
Optional (voluntary path to limited license)
Community Service
Not required
Standard first offense is a misdemeanor (“4th-degree DWI”).
Mississippi
SourceFine
$250–$1,000
Jail Time
Up to 48 hours (court may substitute victim-impact panel)
Ignition Interlock (IID)
Optional (interlock-restricted license)
Community Service
None required
Mississippi has no free official state code portal; statute mirror used.
Missouri
SourceFine
Up to $500
Jail Time
Up to 6 months — no mandatory minimum unless BAC .15–.20 (48-hr min.) or >.20 (5-day min.)
Ignition Interlock (IID)
Discretionary for 1st offense; mandatory for 2nd+
Community Service
Not required for 1st offense
Built-in BAC sub-tier for mandatory jail.
Montana
SourceFine
$600–$1,000
Jail Time
Mandatory min. 24 consecutive hrs, up to 6 months
Ignition Interlock (IID)
Discretionary, not mandatory
Community Service
Not required
Unlike most states, MT imposes a mandatory (if short) jail floor.
Nebraska
SourceFine
$500 flat
Jail Time
No mandatory minimum at standard tier; at BAC ≥.15, 2 days jail or 120 hrs community service
Ignition Interlock (IID)
Required during license revocation, both tiers
Community Service
120 hrs is a jail-alternative option at BAC ≥.15 tier only
Statute splits by BAC (6-mo vs. 1-yr revocation).
Nevada
SourceFine
$400–$1,000
Jail Time
2 days–6 months, offered as jail OR community service
Ignition Interlock (IID)
Required (interlock vs. license revocation)
Community Service
Available as alternative to jail
DUI school/substance-abuse program and victim impact panel also required.
New Hampshire
SourceFine
At least $500
Jail Time
No mandatory jail — fully suspendable
Ignition Interlock (IID)
Not required for standard 1st offense
Community Service
None required; impaired-driver education required instead
Minimum 9-month license revocation despite no jail requirement.
New Jersey
SourceFine
$250–$400 (BAC .08–.09) / $300–$500 (BAC ≥.10)
Jail Time
Up to 30 days, no mandatory minimum, both tiers
Ignition Interlock (IID)
Not required at lower tier; required if BAC ≥.15
Community Service
12–48 hrs at an Intoxicated Driver Resource Center (education, not general service)
Official chart already splits first offense into two BAC sub-tiers.
New Mexico
SourceFine
Up to $500 (+ up to $300 discretionary)
Jail Time
Up to 90 days, suspendable
Ignition Interlock (IID)
Yes, 1 year — even for first offenders
Community Service
24 hrs minimum
One of the few states requiring IID on a plain first offense, no BAC threshold.
New York
SourceFine
$500–$1,000
Jail Time
Up to 1 year — no statutory mandatory minimum
Ignition Interlock (IID)
Yes, min. 12 months, all vehicles
Community Service
Not specified
Jail is a maximum, not mandatory.
North Carolina
SourceFine
Level 5: up to $200; Level 3 (typical): up to $1,000
Jail Time
Level 5: 24 hrs–60 days; Level 3: 72 hrs–6 months, largely suspendable
Ignition Interlock (IID)
Not required for standard Levels 3–5 (BAC <.15, no priors)
Community Service
Min. 24 hrs if used to satisfy active-time requirement
NC sentences on a Level 1–5 grid based on aggravating/mitigating factors — no single number exists.
North Dakota
SourceFine
At least $500 (BAC <.16); $750 if BAC ≥.16
Jail Time
No mandatory jail for standard first offense; 2 days mandatory if BAC ≥.16
Ignition Interlock (IID)
Not required for first offense
Community Service
None mandated
Statute splits standard vs. “aggravated” (BAC ≥.16) first offense.
Ohio
SourceFine
$565–$1,075
Jail Time
Mandatory min. 3 consecutive days (may convert to Driver Intervention Program), up to 6 months
Ignition Interlock (IID)
Not mandatory; option for early unlimited driving privileges
Community Service
Not specified
3-day minimum is mandatory but convertible to an intervention program.
Oklahoma
SourceFine
Up to $1,000
Jail Time
10 days–1 year (statutory min. often suspended/probated for first offenders)
Ignition Interlock (IID)
Not required for standard first offense (BAC <.15)
Community Service
Not specified
10-day statutory minimum is unusually strict on paper; courts often suspend it to probation.
Oregon
SourceFine
Minimum $1,000
Jail Time
At least 48 hrs jail OR equivalent community service (one is mandatory)
Ignition Interlock (IID)
Yes, upon conviction, typically 1 year
Community Service
48 hrs minimum, as jail alternative
Most first offenders instead enter DUII Diversion with its own separate conditions.
Pennsylvania
SourceFine
Tier 1 (.08–.099): $300; Tier 2 (.10–.159): $500–$5,000; Tier 3 (≥.16): $1,000–$5,000
Jail Time
Tier 1: none (probation only); Tier 2: 48 hrs–6 mo mandatory; Tier 3: 72 hrs–6 mo mandatory
Ignition Interlock (IID)
Yes, all tiers, 1 year
Community Service
Not specified; mandatory alcohol highway safety school instead
Statute is explicitly BAC-tiered; Tier 1 has no jail exposure at all.
Rhode Island
SourceFine
Tier 1 (.08–.099): $100–$300; Tier 2 (.10–.149/refusal): $100–$400; Tier 3 (≥.15): $500 flat
Jail Time
Up to 1 year, discretionary, all tiers
Ignition Interlock (IID)
Only mandatory at Tier 3 (BAC ≥.15)
Community Service
Tiers 1–2: 10–60 hrs; Tier 3: 20–60 hrs
Statute is itself BAC-tiered; all tiers add a $500 highway safety assessment.
South Carolina
SourceFine
$400 standard; $500 (BAC .10–.15); $1,000 (BAC ≥.16)
Jail Time
48 hrs–30 days (longer at higher BAC tiers)
Ignition Interlock (IID)
Yes, as of May 2024 — “all-offender” IID state
Community Service
48 hrs–30 days may substitute for jail
Statute is BAC-tiered; May 2024 law made IID mandatory for all offenders (previously only BAC ≥.15).
South Dakota
SourceFine
Up to $2,000
Jail Time
Up to 1 year — no mandatory minimum
Ignition Interlock (IID)
Not required for standard first offense
Community Service
Not statutorily required
Classified as a Class 1 misdemeanor.
Tennessee
SourceFine
$350–$1,500 (the $350 minimum is mandatory)
Jail Time
Mandatory min. 48 consecutive hrs, up to 11 months 29 days
Ignition Interlock (IID)
Effectively mandatory for a restricted license during 1-yr revocation
Community Service
Discretionary (litter/recycling work)
Mandatory minimum jail rises to 7 days if BAC ≥0.15%.
Texas
Tex. Penal Code §§49.04, 12.22Fine
Up to $2,000
Jail Time
Mandatory min. 72 hrs, up to 180 days
Ignition Interlock (IID)
Not required for standard first offense (BAC <.15)
Community Service
24–100 hrs, standard condition of probation
Becomes Class A (higher fine/jail, mandatory IID) if BAC ≥0.15.
Utah
SourceFine
Minimum $700 (+ ~$630 surcharge/fees)
Jail Time
Mandatory min. 48 consecutive hrs (may be served as compensatory service)
Ignition Interlock (IID)
Yes, mandatory, 18 months for offenders 21+
Community Service
Can satisfy the 48-hr requirement via compensatory service
Published by the state's Commission on Criminal and Juvenile Justice.
Vermont
SourceFine
Up to $750
Jail Time
Up to 2 years — no mandatory minimum
Ignition Interlock (IID)
Not required for 1st offense (mandatory from 2nd offense on)
Community Service
Not required for 1st offense
Unusually lenient first-offense law — no mandatory jail or IID.
Virginia
SourceFine
$250 mandatory minimum, up to $2,500
Jail Time
Up to 12 months — no mandatory minimum for standard case
Ignition Interlock (IID)
Yes, mandatory for restricted license, min. 12 violation-free months
Community Service
Not statutorily mandated (VASAP education required instead)
Mandatory minimum jail jumps to 5 days at BAC ≥0.15, 10 days at BAC ≥0.20.
Washington
SourceFine
$350 mandatory minimum, up to $5,000
Jail Time
Mandatory min. 24 consecutive hrs, up to 364 days
Ignition Interlock (IID)
Yes, mandatory, min. 1 year
Community Service
Not specifically mandated
Alternatives to jail: 15 days electronic home monitoring, or 90-day 24/7 sobriety monitoring.
West Virginia
SourceFine
$100–$500
Jail Time
Up to 6 months — no mandatory minimum
Ignition Interlock (IID)
Only if driving during the 6-month revocation (“Test and Lock” program)
Community Service
Not statutorily mandated
At BAC ≥0.15%, fine rises to $200–$1,000 with a 2-day mandatory minimum.
Wisconsin
SourceFine
$150–$300 forfeiture (civil, not criminal)
Jail Time
None — first offense (no minor, no priors, BAC <0.15) carries no jail exposure
Ignition Interlock (IID)
Only if BAC ≥0.15 (1 year)
Community Service
Not required
Only state where a “clean” first OWI is a civil forfeiture, not a crime. License revoked 6–9 months.
Wyoming
SourceFine
Up to $750
Jail Time
Up to 6 months — no mandatory minimum (may be suspended entirely)
Ignition Interlock (IID)
Only if BAC ≥0.15 (6 months)
Community Service
Not statutorily mandated
Mandatory (offender-paid) substance-abuse assessment required regardless of BAC.
Washington, D.C.
SourceFine
Up to $1,000
Jail Time
Up to 180 days — no mandatory minimum for a standard case
Ignition Interlock (IID)
Yes, in practice — required for any restricted driving privileges
Community Service
Not statutorily mandated
Mandatory minimum jail jumps to 10 days at BAC ≥0.20%, 15 at >0.25%, 20 at >0.30%.
A note on "standard" first offense: Several states (Florida, Georgia, Michigan, Nebraska, New Jersey, North Carolina, North Dakota, Pennsylvania, Rhode Island, South Carolina) write their first-offense penalty as multiple BAC-based tiers rather than one flat penalty: those tiers are summarized in each card's notes. Fine amounts generally reflect the base statutory fine and often do not include additional court costs, surcharges, or victim/treatment fund assessments, which can substantially raise the total amount owed.
Disclaimer: These figures are provided for general informational purposes only and are not legal advice. Penalties change frequently, can vary by county or jurisdiction, and depend heavily on individual circumstances (BAC level, prior record, aggravating factors, plea agreements, etc.). This page may not always reflect the most current version of the law. Anyone facing a DUI or DWI charge should consult a licensed attorney in their state to understand the penalties that actually apply to their case.
Understanding First-Offense DUI Penalties
A first-offense DUI (driving under the influence) or DWI (driving while intoxicated) is the charge brought against a driver with no prior impaired-driving convictions. In every U.S. state it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher, and a first conviction can carry serious consequences even when no accident occurred. The penalties above cover a standard first offense: a basic BAC result, no minors in the vehicle, no injury or property damage, and no prior DUI history.
Across the 50 states and Washington, D.C., first-offense penalties fall into four main categories: fines, jail time (which may or may not be mandatory), license suspension or revocation, and additional requirements such as an ignition interlock device (IID), community service, DUI school, substance-abuse treatment, or victim impact panels. The real financial cost of a first DUI is almost always much higher than the base fine once court costs, surcharges, reinstatement fees, IID installation and monthly fees, and sharply increased auto insurance premiums are included.
Factors That Affect First-Offense DUI Penalties
- BAC level: Many states impose harsher penalties at an elevated BAC, most commonly at the 0.15% or 0.16% threshold, including longer mandatory jail and mandatory IID.
- Prior offenses: A "first offense" assumes no prior DUI/DWI convictions. Any prior conviction typically escalates the charge and the penalties substantially.
- Minors in the vehicle: Having a child passenger can trigger child-endangerment enhancements, higher fines, and longer jail.
- Accident, injury, or property damage: A crash raises a DUI to a more serious offense and can add felony charges.
- Chemical test refusal: Refusing a breath or blood test triggers automatic license suspension and, in some states, mandatory IID.
- High speed, reckless driving, or eluding police: These aggravating factors can add mandatory minimum jail time.
- Commercial driver status: Commercial drivers face a lower legal BAC limit (0.04%) and stricter consequences.
- Underage drivers: All states have zero-tolerance laws for drivers under 21, typically setting the limit at 0.00%–0.02%.
Facing a first DUI charge? Acting quickly protects both your record and your license. Most states give you only days to request an administrative hearing to save your driving privileges. Use our DUI License Suspension Hearing Deadline Calculator to find your exact deadline, or request a call to understand the penalties that apply in your state.
Frequently Asked Questions
What are the penalties for a first-offense DUI?+
A first-offense DUI or DWI typically carries a fine, possible jail time, license suspension, and sometimes an ignition interlock device (IID) or community service. Exact penalties vary widely by state: fines range from $150 to $2,500, jail can be zero days up to a year or more, and several states impose a mandatory minimum jail term even for a first offense.
Is jail mandatory for a first DUI conviction?+
It depends on the state. States like Arizona (10 days), Alaska (72 hours), and Texas (72 hours) require mandatory minimum jail even for a standard first offense, while states like Wisconsin, Vermont, and New Hampshire impose no mandatory jail for a clean first offense. Many states only require jail when aggravating factors apply, such as a high BAC (often 0.15% or above).
Do I need an ignition interlock device (IID) after a first DUI?+
Some states require an IID for every first offense (for example New Mexico and Arizona), while others only require it at a high BAC tier (commonly 0.15% or above) or when seeking a restricted license. A growing number of states are “all-offender” IID states, meaning the device is mandatory regardless of BAC.
How much does a first DUI cost in fines?+
Base statutory fines range from about $150 (Wisconsin) up to $2,500 (Illinois) or more, but the real out-of-pocket cost is usually much higher once court costs, surcharges, assessments, IID fees, license reinstatement fees, and increased insurance premiums are added. In California, a first offense often costs $1,800–$2,600 after assessments.
Does a high BAC increase first-offense DUI penalties?+
Yes. Most states impose harsher penalties when BAC is elevated, commonly at the 0.15% or 0.16% threshold. Higher BAC can trigger longer mandatory minimum jail, larger fines, mandatory IID, and longer license suspension. Some states (Florida, Michigan, New Jersey, Pennsylvania, Rhode Island, South Carolina) write their first-offense law as multiple BAC tiers.
