DUI / DWI

Drunk-driving law is set by each state, so the exact limit, penalties, and how long a past offense follows you depend on where you’re arrested. A few rules are nearly universal: 0.08% is the adult limit almost everywhere, and every state has an “implied consent” law that suspends your license if you refuse a chemical test.

Know your options

0.08% is the national limit: Every state sets the adult limit at 0.08% blood-alcohol — except Utah, at 0.05%. Commercial drivers (0.04%) and drivers under 21 (near-zero) face stricter limits everywhere.
Implied consent: By driving, you’ve legally agreed to a breath or blood test if lawfully arrested. Refusing triggers an automatic license suspension — often longer than for failing the test.
Two cases at once: A DUI usually means a criminal case (jail, fines) and a separate DMV/license case. They run on different tracks, and you can lose your license even before any conviction.
The “lookback” matters: How far back a state counts a prior DUI — 5, 7, 10 years, or your lifetime — decides whether a new arrest is a first offense or a much harsher repeat.

Your state’s rules

Choose your state

Pick your state above to see your rules.

Alabama

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Up to 1 year jail, $600–$2,100 fine, 90-day license suspension, ignition interlock, court-referral evaluation.
Refusing a test: Refusing a test = 90-day suspension (longer with priors in the last 10 years).
Lookback for priors: 10 years to count a prior.

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Alaska

BAC limit: 0.08% (0.04% commercial, any amount under 21).
First offense: Mandatory minimum 72 hours jail, at least $1,500 fine, 90-day license suspension then ignition interlock.
Refusing a test: Refusing a test = 90-day revocation (and is itself a crime with mandatory jail).
Lookback for priors: 15 years to count a prior.

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Arizona

BAC limit: 0.08% (0.15%+ “extreme,” 0.20%+ “super extreme”; 0.04% commercial, any amount under 21).
First offense: Mandatory minimum 10 days jail (9 may be suspended with screening), $1,250+ in fines/fees, ignition interlock, 90-day suspension.
Refusing a test: Refusing a test = 12-month suspension (24 months for a prior refusal within 7 years).
Lookback for priors: 7 years (84 months) — a third DUI within 7 years is a felony.

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Arkansas

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: 24 hours–1 year jail (community service can substitute), $150–$1,000 fine plus costs, 6-month license suspension, alcohol program.
Refusing a test: Refusing a test = 180-day suspension (2 years for a repeat refusal).
Lookback for priors: 5 years to count a prior.

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California

BAC limit: 0.08% (0.04% commercial, 0.01% under 21).
First offense: Misdemeanor: up to 6 months jail (often none on probation), $390–$1,000 fine plus assessments, ~4-month license suspension, DUI school.
Refusing a test: Refusing a chemical test = automatic 1-year license suspension, separate from the criminal case.
Lookback for priors: 10 years — a prior within 10 years makes the next one a “second offense.”

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Colorado

BAC limit: DUI at 0.08%+; a lesser DWAI at 0.05–0.079%. (0.04% commercial, 0.02% under 21.)
First offense: DUI: 5 days–1 year jail, $600–$1,000 fine, 48–96 hours community service, 9-month license revocation. DWAI is a lesser charge.
Refusing a test: Refusing a test = 1-year revocation under the express-consent law.
Lookback for priors: No washout for the criminal charge — Colorado can count priors for life.

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Connecticut

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: 48 hours–6 months jail (or probation with 100 hours community service), $500–$1,000 fine, 45-day license suspension + ignition interlock.
Refusing a test: Refusing a test = 45-day suspension plus an interlock (a separate consequence).
Lookback for priors: 10 years to count a prior OUI.

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Delaware

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: $500–$1,500 fine, up to 12 months jail (not mandatory), 12–24 month license revocation. A “First Offense Election” program can avoid a conviction with an interlock.
Refusing a test: Refusing a test = 12-month suspension.
Lookback for priors: No washout — Delaware counts prior DUIs for life.

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Florida

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Up to 180 days jail, $500–$1,000 fine, 180-day–1-year license suspension, 50 hours community service.
Refusing a test: Refusing a test = automatic 1-year suspension (18 months if you’ve refused before).
Lookback for priors: 5 years for the mandatory-penalty “washout,” but priors stay on your record for enhancement.

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Georgia

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: 24 hours–1 year jail (24 hrs is often the minimum), $300–$1,000 fine, 40 hours community service, 12 months probation, DUI course.
Refusing a test: Refusing a test = 1-year “hard” suspension with no work permit.
Lookback for priors: 10 years for mandatory-minimum sentencing.

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Hawaii

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: OVUII: 48 hours–5 days jail, $150–$1,000 fine, 1-year license revocation, 14-hour rehab program.
Refusing a test: Refusing a test triggers its own license revocation.
Lookback for priors: 10 years to count a prior.

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Idaho

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Up to 6 months jail, up to $1,000 fine, 90–180 day license suspension (first 30 days absolute), alcohol evaluation.
Refusing a test: Refusing a test = 1-year absolute suspension (no restricted permit).
Lookback for priors: 10 years — a 3rd within 10 years is a felony.

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Illinois

BAC limit: 0.08% (0.04% commercial, any amount under 21 — zero tolerance).
First offense: Class A misdemeanor: up to 1 year jail and $2,500 fine (first-timers usually get court supervision), plus DUI school.
Refusing a test: Failing a test = 6-month suspension; refusing = 1 year (a “statutory summary suspension”).
Lookback for priors: No washout — a DUI stays on your record for life; but you’re a “first offender” for licensing if none in 5 years.

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Indiana

BAC limit: 0.08% (0.15%+ is a higher-level misdemeanor; 0.04% commercial, 0.02% under 21).
First offense: OWI, Class C misdemeanor: up to 60 days jail, fines/fees commonly $1,500–$2,500, license suspension 0 days–1 year (often 60–90 days).
Refusing a test: Refusing a test = 1-year suspension (2 years with a prior).
Lookback for priors: 7 years for automatic felony enhancement (a 3rd is a felony regardless of time).

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Iowa

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Serious misdemeanor (OWI): 48 hours–1 year jail, ~$1,250 fine, 180-day license revocation, substance-abuse evaluation.
Refusing a test: Refusing a test = 1-year revocation.
Lookback for priors: 12 years — one of the longest in the country.

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Kansas

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Mandatory 48 hours jail (or 100 hours community service), $750–$1,000 fine, 30-day suspension then 330 days restricted with an interlock.
Refusing a test: Refusing a test = 1-year suspension plus 2 years of interlock.
Lookback for priors: Lifetime — all prior DUIs and diversions count.

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Kentucky

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: 48 hours–30 days jail, $200–$500 fine, 30–120 day license suspension, DUI education; aggravators (BAC 0.15%+, refusal, child passenger) add mandatory jail.
Refusing a test: Refusing a test is an aggravator that adds mandatory jail; license loss is set by the court.
Lookback for priors: 10 years to count a prior.

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Louisiana

BAC limit: 0.08% (0.15%+ adds mandatory jail; 0.04% commercial, 0.02% under 21).
First offense: 10 days–6 months jail (often suspended with probation), $300–$1,000 fine, 90-day license suspension, 32 hours community service, substance-abuse program.
Refusing a test: Refusing a test = 1-year suspension (2 years for a repeat refusal).
Lookback for priors: 10-year “cleansing period” — older OWIs don’t count.

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Maine

BAC limit: 0.08% (0.04% commercial, any amount under 21).
First offense: OUI: minimum $500 fine, up to 364 days jail, 150-day license suspension.
Refusing a test: Refusing a test = 275-day suspension (up to 6 years for repeat refusals).
Lookback for priors: 10 years to count a prior.

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Maryland

BAC limit: DUI at 0.08%+; a lesser DWI (impaired) at 0.07%. (0.04% commercial, 0.02% under 21.)
First offense: DUI: up to 1 year jail, $1,000 fine, 12 points, 6-month license suspension.
Refusing a test: Failing a test (0.08%+) = 180-day suspension; refusing = 270 days.
Lookback for priors: 5 years for prior-offense sentencing.

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Massachusetts

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: OUI: up to 2½ years jail (rarely for a first offense), $500–$5,000 fine; most first-timers take the “24D” program with a 45–90 day license loss.
Refusing a test: Refusing a test = 180-day suspension (longer for younger drivers).
Lookback for priors: Lifetime — Massachusetts counts every prior OUI, no matter how old.

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Michigan

BAC limit: 0.08% (0.17%+ is “super drunk”; 0.04% commercial, 0.02% under 21).
First offense: OWI: up to 93 days jail, $100–$500 fine, 30-day suspension then 150 days restricted, up to 360 hours community service.
Refusing a test: Refusing a test = 1-year suspension (2 years if you’ve refused before within 7 years).
Lookback for priors: Lifetime for counting priors, but a high BAC and a prior within 7 years raise the penalties.

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Minnesota

BAC limit: 0.08% (0.16%+ is aggravated; 0.04% commercial, any amount under 21).
First offense: 4th-degree misdemeanor: up to 90 days jail, up to $1,000 fine, 90-day license revocation (30 hard + 60 restricted).
Refusing a test: Refusing a test is itself a crime, with penalties like a DWI conviction.
Lookback for priors: 10 years to count a prior for enhancement.

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Mississippi

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Up to 48 hours jail, $250–$1,000 fine, 90-day license suspension, alcohol-safety program (MASEP). First offenders may qualify for “non-adjudication.”
Refusing a test: Refusing a test = 90-day suspension (1 year for a second refusal).
Lookback for priors: 5 years — a 3rd within 5 years is a felony.

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Missouri

BAC limit: 0.08% (0.15%+ adds mandatory jail; 0.04% commercial, 0.02% under 21).
First offense: Class B misdemeanor: up to 6 months jail, up to $1,000 fine, 90-day license suspension (restricted after 30 days or immediately with interlock).
Refusing a test: Refusing a test = 1-year license revocation.
Lookback for priors: 5 years to count a prior for the criminal charge.

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Montana

BAC limit: 0.08% (0.16%+ aggravated; 0.04% commercial, 0.02% under 21).
First offense: 24 hours–6 months jail, $600–$1,000 fine, 6-month license suspension, chemical-dependency assessment.
Refusing a test: Refusing a test = 6-month suspension (1 year for a repeat).
Lookback for priors: Lifetime — a 4th DUI is a felony no matter how old the priors.

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Nebraska

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: 7–60 days jail, $500 fine, 60-day–6-month license revocation, ignition interlock.
Refusing a test: Refusing a test = automatic 1-year revocation (a separate offense).
Lookback for priors: 15 years to count a prior.

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Nevada

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Misdemeanor: 2 days–6 months jail (or 24–96 hours community service), $400–$1,000 fine, 185-day license revocation (interlock lets you keep driving), alcohol program.
Refusing a test: Refusing a test = 1-year revocation (3 years for repeat refusals).
Lookback for priors: 7 years to count a prior.

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New Hampshire

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Class B misdemeanor: no jail unless aggravated, $500–$1,200 fine, 9-month–2-year license revocation (6 months can be suspended with the IDIP program).
Refusing a test: Refusing a test = 6-month loss (2 years for a repeat); refusal can be used against you at trial.
Lookback for priors: 10 years to count a prior.

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New Jersey

BAC limit: 0.08% (0.04% commercial, 0.01% under 21).
First offense: BAC 0.08–0.099%: $250–$400 fine, up to 30 days jail, ignition interlock ~3 months, alcohol-education program, insurance surcharge.
Refusing a test: Refusing a test = a 7-month to 1-year loss plus fines (a separate offense).
Lookback for priors: Lifetime — all prior DWIs count, though a 10-year gap can “step down” the penalty for a repeat.

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New Mexico

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Up to 90 days jail, up to $500 fine, DWI school, 48 hours community service, and a required 1-year ignition interlock.
Refusing a test: A BAC over the limit = 6-month revocation; refusing a test = 1 year.
Lookback for priors: A 10-year window elevates repeat DWIs (a 4th is a felony).

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New York

BAC limit: 0.08% (0.04% commercial, 0.02% under 21); a lower “DWAI” charge applies at 0.05–0.07%.
First offense: Misdemeanor DWI: up to 1 year jail, $500–$1,000 fine, license revoked at least 6 months.
Refusing a test: Refusing a chemical test = automatic 1-year revocation plus a civil penalty.
Lookback for priors: 10 years for felony enhancement (a DWAI counts as a first offense if none in 5 years).

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North Carolina

BAC limit: 0.08% (0.04% commercial, any amount under 21).
First offense: Sentenced by “level” (1–5); a typical first offense can mean up to 60 days jail (often probation), fines, and a 1-year license revocation.
Refusing a test: A BAC of 0.08%+ or a refusal = immediate 30-day revocation; refusing adds a further 1-year revocation.
Lookback for priors: 7 years — a prior within 7 years makes it a second offense.

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North Dakota

BAC limit: 0.08% (0.18%+ adds jail; 0.04% commercial, 0.02% under 21).
First offense: Class B misdemeanor: up to 30 days jail (2 days mandatory if BAC 0.16%+), $500+ fine, 91-day license suspension.
Refusing a test: Refusing a test = a 180-day revocation.
Lookback for priors: 7 years for the first few offenses.

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Ohio

BAC limit: 0.08% (0.17%+ is “high-test”; 0.04% commercial, 0.02% under 21).
First offense: First-degree misdemeanor (called OVI): 3 days–6 months jail (or a 72-hour driver-intervention program), up to ~$1,075 fine, 1–3 year license suspension.
Refusing a test: Failing a test = 90-day administrative suspension; refusing = 1 year.
Lookback for priors: 10 years to count a prior OVI as a repeat.

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Oklahoma

BAC limit: 0.08% (0.04% commercial, any amount under 21).
First offense: Misdemeanor: 10 days–1 year jail, up to $1,000 fine, 180-day license suspension, ignition interlock.
Refusing a test: Refusing a test = 6-month suspension (up to 3 years for repeat refusals).
Lookback for priors: 10 years — a 2nd within 10 years is already a felony.

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Oregon

BAC limit: 0.08% (0.04% commercial, any amount under 21).
First offense: Up to 1 year jail (or 80–250 hours community service), $1,000+ fine, 1-year license suspension. First-timers often qualify for a diversion program that dismisses the charge.
Refusing a test: Refusing a test = 1-year suspension plus a fine.
Lookback for priors: No washout for counting priors; a 3rd within 10 years becomes a felony.

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Pennsylvania

BAC limit: 0.08%, with tiers: general 0.08–0.099%, high 0.10–0.159%, highest 0.16%+.
First offense: Lowest tier: ungraded misdemeanor, up to 6 months probation, $300 fine, no mandatory license loss; first-timers often use the ARD program.
Refusing a test: Refusing a test = automatic 12-month PennDOT suspension, prosecuted at the highest tier.
Lookback for priors: 10 years — a prior within 10 years counts for sentencing.

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Rhode Island

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: 10 days–1 year jail (community service alternative), $100–$300 fine, 30-day–18-month license suspension.
Refusing a test: Refusing a test = 6-month suspension (a separate penalty).
Lookback for priors: 10 years (extended from 5 years, effective July 1, 2025).

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South Carolina

BAC limit: 0.08% (0.15%+ raises penalties; 0.04% commercial, 0.02% under 21).
First offense: 48 hours–30 days jail (or community service), ~$400 fine (near $1,000 with fees), 6-month license suspension.
Refusing a test: Refusing a test = 90-day suspension (180 days with a prior within 10 years).
Lookback for priors: 10 years — older DUIs don’t count for sentencing.

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South Dakota

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Class 1 misdemeanor: up to 1 year jail, up to $2,000 fine, minimum 30-day license suspension, alcohol evaluation.
Refusing a test: Refusing a test = 1-year revocation.
Lookback for priors: 10 years — a 4th within 10 years is a felony.

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Tennessee

BAC limit: 0.08% (0.20%+ raises the minimum jail; 0.04% commercial, 0.02% under 21).
First offense: Mandatory 48 hours jail (7 days if BAC 0.20%+), $350–$1,500 fine, 1-year license revocation, DUI school.
Refusing a test: Refusing a test = 1-year revocation (18 months from Jan 1, 2026 for certain first refusals).
Lookback for priors: 10 years — an older DUI is treated as a first offense again.

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Texas

BAC limit: 0.08% (0.04% commercial, any detectable amount under 21).
First offense: Class B misdemeanor: 72 hours–180 days jail, up to $2,000 fine, 90-day–1-year license suspension.
Refusing a test: Failing a test = 90-day suspension; refusing = 180 days.
Lookback for priors: Lifetime — Texas counts all prior DWIs, with no washout period.

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Utah

BAC limit: 0.05% — the lowest in the nation (0.04% commercial, any amount under 21).
First offense: 48 hours jail (or community service), ~$1,310 in fines/fees, 120-day license suspension, alcohol screening.
Refusing a test: Refusing a test = 18-month license suspension.
Lookback for priors: 10 years to count a prior.

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Vermont

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Up to 2 years jail and up to $750 fine (no mandatory minimum), plus a 90-day civil license suspension.
Refusing a test: Refusing a test = a 6-month civil suspension.
Lookback for priors: Lifetime — Vermont counts every prior DUI.

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Virginia

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Class 1 misdemeanor: up to 12 months jail, $250–$2,500 fine, 1-year license suspension; a BAC of 0.15%+ adds mandatory jail.
Refusing a test: Refusing a test = a separate 12-month suspension with no restricted license.
Lookback for priors: 10 years for prior-offense enhancement.

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Washington

BAC limit: 0.08% (0.15%+ is aggravated; 0.04% commercial, 0.02% under 21).
First offense: BAC under 0.15%: minimum 24 hours jail, ~$990–$5,000 fine, 90-day suspension, ignition interlock.
Refusing a test: Refusing a test = automatic 1-year suspension.
Lookback for priors: 7 years for counting priors (a lifetime look applies to elevate a 5th+ DUI to a felony).

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West Virginia

BAC limit: 0.08% (0.15%+ adds jail; 0.04% commercial, 0.02% under 21).
First offense: Up to 6 months jail, $100–$500 fine, 6-month license revocation (1 year if BAC 0.15%+).
Refusing a test: Refusing a test = 1-year revocation (reducible to 45 days via the test-and-lock program).
Lookback for priors: 10 years to count a prior.

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Wisconsin

BAC limit: 0.08% (0.04% commercial, any amount under 21).
First offense: A civil offense (not a crime) for most first-timers: $150–$300 forfeiture plus fees, 6–9 month license revocation, no jail.
Refusing a test: Refusing a test = 1-year revocation and a mandatory assessment.
Lookback for priors: 10 years to count a first offense; but a lifetime look applies to raise penalties.

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Wyoming

BAC limit: 0.08% (0.04% commercial, 0.02% under 21).
First offense: Up to 6 months jail, up to $750 fine, 90-day license suspension (interlock if BAC 0.15%+).
Refusing a test: Wyoming has no separate criminal penalty for refusing — but police can get a warrant to draw blood.
Lookback for priors: 10 years to count a prior.

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Educational only — not legal advice. Laws change; confirm the current rule with the linked official source before you rely on it.

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