§PlainStatute

Vehicle · DUI penalties

DUI Penalties by State: Jail, Fines, and License Loss

The jail, fines, and license loss for a DUI in each state by offense, when a DUI becomes a felony, and the lookback period that counts your priors. Each cited to the statute.

6 of 50 states published. Every state bans driving at a 0.08 BAC, but the penalties, the felony line, and how long a prior counts against you differ a lot.A first offense is usually a misdemeanor; repeat offenses climb toward a felony. Every page links to the statute for the exact ranges.

Read this first: two cases, and the lookback that matters

A DUI usually runs as two separate cases: a criminal case for the jail and fines below, and an administrative case where the DMV suspends your license, often on a short deadline that starts at the arrest. The pages here cover the criminal penalties; do not miss the separate, quick DMV deadline to challenge the suspension.

The figure that surprises people most is the lookback (or washout) period: how far back a prior DUI counts to make this one a second or third offense. It ranges from a few years to ten years or more, and a few states count priors for life. A high BAC, a child in the car, an injury, or refusing the breath test can each push the charge up a level. Every figure links to the statute, and pages still pending verification say so.

Pick your state

The first-offense penalty, the lookback, and the statute on each card.

C

CA
California
Misdemeanor, up to 6 months
In this state
Lookback10-year lookback
Statute§§ 23152, 23536, 23540, 2354…

F

FL
Florida
Misdemeanor, up to 6 months
In this state
Felony at3rd within 10 yrs
Statute§ 316.193

I

IL
Illinois
Class A misdemeanor
In this state
LookbackNo lookback
Statute625 ILCS 5/11-501

N

NY
New York
Misdemeanor, up to 1 year
In this state
Lookback10-year lookback
Statute§§ 1192, 1193

P

PA
Pennsylvania
Misdemeanor, tiered by BAC
In this state
Lookback10-year lookback
Statute§§ 3802, 3804

T

TX
Texas
Class B misdemeanor
In this state
LookbackNo lookback
Statute§§ 49.04, 49.045, 49.09

What these pages are, and what they aren't

Each state page is a reference for the DUI penalty ranges and the neutral first steps. They are deliberately not advice for your case: the charge and penalty turn on your BAC, your priors, and the facts, so each page links to the statute and a way to find a defense attorney. This is legal information, not legal advice.