Will I go to jail for my first DUI?

Probably not. Most first-time DUI offenders don't serve jail time beyond the initial arrest. Probation, fines, and classes are more common.

What states have mandatory jail for first DUI?

Several states set a mandatory minimum jail term for a first DUI, though part of it can often be suspended. Check the first-offense range in your state’s guide.

What BAC level means jail time?

There's no automatic jail threshold, but BAC of 0.15% or higher significantly increases penalties and jail likelihood in most states.

How long do you stay in jail after DUI arrest?

Typically a few hours to overnight. You're released after booking and posting bail. This isn't the same as serving a jail sentence.

Can a lawyer help avoid jail for DUI?

Yes, a lawyer can negotiate alternatives like probation, community service, or treatment programs, especially for first offenses.

Is first DUI a felony?

No, a first DUI is almost always a misdemeanor. It becomes a felony only with injury, death, a child in the car, or multiple prior DUIs.

Updated March 3, 2026

Can You Go to Jail for a First DUI?

QUICK ANSWER

Most first-time DUI offenders do NOT go to jail beyond the initial arrest. However, some states like Arizona have mandatory jail for all DUI convictions. Factors that increase jail risk include high BAC (0.15%+), accidents, injuries, having a child in the car, or refusing a breathalyzer.

Keep reading for the full breakdown

Most First-Time Offenders Don't Go to Jail

If you've just been arrested for your first DUI, the biggest question on your mind is probably: "Am I going to jail?" The honest answer for most people is no.

•You'll be arrested and booked — everyone is. This is the arrest, not a sentence.
•Released within hours or next day after posting bail or on your own recognizance.
•Court may NOT sentence additional jail — judges have discretion for first offenses.
•Probation is far more common than jail for a standard first DUI.

First DUI Jail Time by State

Some states require at least some jail time for any DUI conviction — even a first offense. Here’s what each state’s law says for a first offense:

First-offense DUI jail range by state
State	First-offense jail	Charge
Alabama	Up to 1 year	Misdemeanor
Alaska	At least 72 consecutive hours (jail or approved electronic monitoring)	Class A misdemeanor
Arizona	At least 10 consecutive days (9 may be suspended); extreme DUI at least 30 days; super extreme at least 45 days	Class 1 misdemeanor
Arkansas	24 hours to 1 year (7 days to 1 year with a passenger under 16)	Misdemeanor
California	96 hours minimum (at least 48 continuous) up to 6 months	Misdemeanor
Colorado	DUI: 5 days to 1 year (at least 10 days at a BAC of 0.20 or more). DWAI: 2 to 180 days	Misdemeanor (DUI or DUI per se); DWAI is a lesser misdemeanor
Connecticut	Up to 6 months with 2 days mandatory, or a fully suspended sentence with probation and 100 hours of community service	Misdemeanor
Delaware	Up to 12 months	Misdemeanor
Florida	Up to 6 months (up to 9 months if BAC 0.15+ or a passenger under 18 in the vehicle)	Misdemeanor
Georgia	24 hours to 12 months	Misdemeanor
Hawaii	48 hours to 5 days, or 72 hours of community service, or a fine (court picks one or more); highly intoxicated drivers add 48 consecutive hours of jail	Petty misdemeanor (HRS §291E-61; a statute authorizing no more than 30 days of imprisonment is a petty misdemeanor under HRS §701-107)
Idaho	Up to 6 months (0.20 or more: 10 days to 1 year)	Misdemeanor
Illinois	Up to 1 year	Class A misdemeanor
Indiana	Up to 60 days (Class C); up to 1 year (Class A)	Class C misdemeanor (Class A if BAC 0.15 or higher, or if a person was endangered)
Iowa	48 hours to 1 year	Serious misdemeanor
Kansas	48 consecutive hours to 6 months, or 100 hours of public service	Class B nonperson misdemeanor
Kentucky	48 hours to 30 days (4 days minimum with an aggravating circumstance)	Misdemeanor
Louisiana	10 days to 6 months (at least 48 hours served at 0.15 or more)	Misdemeanor
Maine	At least 48 hours with an aggravating factor (0.15 or more, 30 mph or more over the limit, eluding, or a passenger under 21). At least 96 hours if you refused the test. Otherwise no minimum jail	Class D crime
Maryland	DUI: up to 1 year. DWI: up to 2 months	Misdemeanor (DUI); DWI is a lesser misdemeanor
Massachusetts	Up to 2½ years in a house of correction	Misdemeanor
Michigan	Up to 93 days (up to 180 days for High BAC)	Misdemeanor (High BAC OWI if 0.17 or more)
Minnesota	Up to 90 days (up to 1 year if gross misdemeanor)	Fourth-degree DWI, misdemeanor (third-degree gross misdemeanor if 0.16+, a child under 16 in the car, or a test refusal)
Mississippi	Up to 48 hours	Misdemeanor
Missouri	Up to 6 months	Class B misdemeanor
Montana	24 consecutive hours to 6 months. Aggravated DUI: 2 days to 1 year	Misdemeanor
Nebraska	7 to 60 days	Class W misdemeanor
Nevada	2 days to 6 months in jail or residential confinement, or 48 to 96 hours of community service	Misdemeanor
New Hampshire	No jail for a standard first DWI (a class B misdemeanor cannot carry incarceration). Aggravated DWI: mandatory 17 consecutive days, 12 suspended. Aggravated DWI with serious bodily injury: mandatory 35 consecutive days, 21 suspended	Class B misdemeanor. Aggravated DWI is a class A misdemeanor, or a class B felony if it involves a collision causing serious bodily injury
New Jersey	Up to 30 days	Motor vehicle offense (not a crime), in three BAC tiers
New Mexico	Up to 90 days (at least 48 hours if aggravated DWI)	Misdemeanor
New York	Up to 1 year (DWAI-alcohol: up to 15 days)	Misdemeanor (DWI or Aggravated DWI); DWAI-alcohol is a traffic infraction
North Carolina	Level Five: 24 hours to 60 days. Level Four: 48 hours to 120 days. Level Three: 72 hours to 6 months.	Misdemeanor, sentenced at Level Five, Four, or Three when there are no grossly aggravating factors. A child under 18 in the car makes it at least Level One.
North Dakota	No mandatory jail below 0.16. Aggravated (0.16 or more): at least 2 days	Class B misdemeanor
Ohio	3 days in jail or a 3-day driver intervention program (6 days for a high test), up to 6 months	Misdemeanor of the first degree
Oklahoma	10 days to 1 year	Misdemeanor (felony if aggravated DUI, including BAC 0.15 or higher)
Oregon	48 hours in jail or community service minimum; up to 364 days	Class A misdemeanor
Pennsylvania	General Impairment: 6 months’ probation, no mandatory jail. High Rate: 48 hours to 6 months. Highest Rate or refusal: 72 hours to 6 months	Misdemeanor; first degree if a passenger under 18 was in the vehicle
Rhode Island	Up to 1 year	Misdemeanor
South Carolina	48 hours to 30 days (under 0.10); 72 hours to 30 days (0.10 to under 0.16); 30 to 90 days (0.16 or more)	Misdemeanor
South Dakota	Up to the Class 1 misdemeanor maximum (1 year)	Class 1 misdemeanor
Tennessee	48 consecutive hours to 11 months 29 days (7 consecutive days minimum at 0.20 or more)	Class A misdemeanor
Texas	72 hours to 180 days (6-day minimum with an open container)	Class B misdemeanor (Class A if BAC 0.15 or higher)
Utah	2 days minimum (or 48 hours of compensatory service work); up to 6 months. An extreme DUI (0.16 or more) carries at least 5 days, or 2 days plus 30 days of home confinement	Class B misdemeanor
Vermont	Up to 2 years	Misdemeanor (maximum sentence of 2 years or less)
Virginia	Up to 12 months; mandatory 5 days at 0.15–0.20, 10 days above 0.20	Class 1 misdemeanor
Washington	24 consecutive hours to 364 days (48 hours if BAC 0.15+ or refusal)	Gross misdemeanor
West Virginia	Up to 6 months (aggravated: 2 days to 6 months)	Misdemeanor (aggravated at 0.15 or more)
Wisconsin	No jail	Civil forfeiture (not a crime), unless a child under 16 was in the vehicle
Wyoming	Up to 6 months	Misdemeanor

From each state’s guide, which links the official sources. Educational information, not legal advice.

Factors That Make Jail More Likely

Even in states without mandatory jail, certain aggravating factors can push a judge toward a jail sentence:

⚠High BAC (0.15%+)

⚠Accident involved

⚠Injury to others

⚠Child in vehicle

⚠Refusing breathalyzer

⚠Prior criminal record

⚠Excessive speeding

⚠School zone

What Actually Happens (Typical First Offense)

Arrested — spend a few hours in jail during booking

Released on bond (usually same day or next morning)

Court date set for 2–4 weeks later

Plea to reduced charge or standard DUI

Sentence: Probation, fines, DUI classes

No additional jail time for most first offenders

Jail vs Prison

Jail

• County facility
• Short sentences (<1 year)
• Misdemeanor convictions
• First DUI = this category

Prison

• State facility
• Long sentences (1+ years)
• Felony convictions
• Only for repeat/serious DUI

Alternatives Judges Use Instead of Jail

✓Probation

✓Community service

✓House arrest

✓Work release

✓DUI court / treatment program

✓Deferred sentence

How to Minimize Jail Risk

1.Hire an experienced DUI attorney
2.Complete DUI classes before sentencing
3.Get an alcohol evaluation done early
4.Show remorse and take responsibility
5.No new arrests or violations while pending

Worried About Jail? Understand the Full Court Process

Knowing what to expect in court can reduce your anxiety. Read your state's court guide.

Open your state’s court guide

All 50 state guides →