Guide

    First DUI Offense: What to Expect

    Penalties, costs, and honest answers — no lectures.

    Last updated: March 10, 2026

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    A first DUI offense is typically a misdemeanor in most states. You'll face fines ($500–$10,000+), possible jail time (0–6 months, though most first-timers don't serve time), license suspension (90 days–1 year), mandatory DUI classes, probation, and increased insurance rates. The exact penalties depend on your state, BAC level, and circumstances of your arrest.
    Keep reading for the full breakdown

    Want your state's deadline and penalties in one place? First DUI? Start here →

    What Happens Immediately After Arrest

    • Booking and processing — fingerprints, photos, paperwork
    • Bail/bond — typically $500–$10,000
    • Release timeline — a few hours to overnight
    • Your car — impound, tow fees $200–$500
    • Temporary license vs confiscation — varies by state
    • When you can drive again — depends on administrative suspension rules

    First DUI Penalties: State-by-State

    These are the penalties for a standard first-offense DUI with no aggravating factors. Your actual penalties could be higher with a high BAC, an accident, or a minor in the vehicle.

    First-offense DUI penalties by state
    StateJailFineLicense
    AlabamaUp to 1 year$600 to $2,10090 days
    AlaskaAt least 72 consecutive hours (jail or approved electronic monitoring)At least $1,500At least 90 days revocation
    ArizonaAt least 10 consecutive days (9 may be suspended); extreme DUI at least 30 days; super extreme at least 45 daysAt least $250 base fine (extreme $250+, super extreme $500+), plus mandatory assessments90-day Admin Per Se suspension (12 months for refusal)
    Arkansas24 hours to 1 year (7 days to 1 year with a passenger under 16)Set by Ark. Code §5-65-112 (amount not yet confirmed — see the statute)6 months suspension, with interlock for the same period
    California96 hours minimum (at least 48 continuous) up to 6 months$390 to $1,000, plus penalty assessments6-month suspension on conviction (10 months at a BAC above 0.20, per DMV); the 4-month APS suspension runs separately
    ColoradoDUI: 5 days to 1 year (at least 10 days at a BAC of 0.20 or more). DWAI: 2 to 180 daysDUI: $600 to $1,000. DWAI: $200 to $500DUI: 9 months revocation. DWAI: 8 points, no revocation
    ConnecticutUp to 6 months with 2 days mandatory, or a fully suspended sentence with probation and 100 hours of community service$500 to $1,00045 days, then 1 year driving only with an ignition interlock
    DelawareUp to 12 months$500 to $1,50012 months; 18 months at 0.15–0.19; 24 months at 0.20 or more or after a refusal
    FloridaUp to 6 months (up to 9 months if BAC 0.15+ or a passenger under 18 in the vehicle)$500 to $1,000 ($1,000 to $2,000 if BAC 0.15+ or a passenger under 18 in the vehicle)180 days to 1 year revocation
    Georgia24 hours to 12 months$300–$1,00012 months (reinstatement possible after 120 days if conditions are met)
    Hawaii48 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$250 to $1,0001 year to 18 months (plus 6 months if highly intoxicated, within the maximum)
    IdahoUp to 6 months (0.20 or more: 10 days to 1 year)Up to $1,000 (0.20 or more: up to $2,000)90 to 180 days; the first 30 days absolute (0.20 or more: 1 year)
    IllinoisUp to 1 yearUp to $2,500 (at least $500 at 0.16 or more)Revoked at least 1 year
    IndianaUp to 60 days (Class C); up to 1 year (Class A)Up to $500 (Class C); up to $5,000 (Class A)Set by the court; specialized driving privileges may be available
    Iowa48 hours to 1 year$1,250 (up to $625 can be waived if you show the court a temporary restricted license)180 days to 1 year revocation
    Kansas48 consecutive hours to 6 months, or 100 hours of public service$750 to $1,00030 days suspension, then restricted driving (1 year plus 1 year interlock at 0.15 or more)
    Kentucky48 hours to 30 days (4 days minimum with an aggravating circumstance)$200 to $5006 months, or 4 months with an ignition interlock license
    Louisiana10 days to 6 months (at least 48 hours served at 0.15 or more)$300 to $1,000 ($750 to $1,000 at 0.20 or more)1 year on conviction; 2 years at 0.15 or more
    MaineAt 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 jailAt least $500 ($600 if you refused the test)150 days
    MarylandDUI: up to 1 year. DWI: up to 2 monthsDUI: up to $1,200. DWI: up to $500DUI: 12 points, revocation up to 6 months. DWI: 8 points, 6-month suspension (1 year if under 21)
    MassachusettsUp to 2½ years in a house of correction$500 to $5,0001 year on conviction; 45 to 90 days with a §24D first-offender disposition
    MichiganUp to 93 days (up to 180 days for High BAC)$100 to $500 ($200 to $700 for High BAC)30 days suspended, then 150 days restricted; High BAC: 1 year, restricted after 45 days with interlock
    MinnesotaUp to 90 days (up to 1 year if gross misdemeanor)Up to $1,000 (up to $3,000 if gross misdemeanor)90 days; 1 year at 0.16 or more or for refusal
    MississippiUp to 48 hours$250 to $1,000120 days, or 120 days on an interlock-restricted license
    MissouriUp to 6 monthsUp to $1,00030 days suspension, then 60 days restricted (90 days total)
    Montana24 consecutive hours to 6 months. Aggravated DUI: 2 days to 1 year$600 to $1,000. Aggravated DUI: $1,0006 months (probationary license at the court’s discretion)
    Nebraska7 to 60 days$5006 months revocation, with an ignition interlock permit during the revocation (1 year at 0.15 or more)
    Nevada2 days to 6 months in jail or residential confinement, or 48 to 96 hours of community service$400 to $1,000185-day minimum revocation
    New HampshireNo 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 suspendedAt least $500, up to $1,200 (aggravated DWI: at least $750; with serious bodily injury: at least $1,000)Standard: 9 months to 2 years. Aggravated: 18 months to 2 years
    New JerseyUp to 30 days$250 to $400 (0.08 to under 0.10); $300 to $500 (0.10 or more)0.08 to under 0.15: no driving until an interlock is installed (interlock 3 months, or 7 to 12 months at 0.10+). 0.15 or more: forfeiture for 3 months after the interlock is installed, then interlock 12 to 15 months. A drug-impaired first offense: forfeiture of 7 months to 1 year
    New MexicoUp to 90 days (at least 48 hours if aggravated DWI)Up to $5006-month administrative revocation (1 year for refusal); interlock for 1 year
    New YorkUp to 1 year (DWAI-alcohol: up to 15 days)$500–$1,000 (Aggravated DWI: $1,000–$2,500; DWAI-alcohol: $300–$500)Revoked at least 6 months (Aggravated DWI: at least 1 year; DWAI-alcohol: 90-day suspension)
    North CarolinaLevel Five: 24 hours to 60 days. Level Four: 48 hours to 120 days. Level Three: 72 hours to 6 months.Up to $200 (Level Five), $500 (Level Four), or $1,000 (Level Three)1-year revocation on conviction; limited driving privilege may be available
    North DakotaNo mandatory jail below 0.16. Aggravated (0.16 or more): at least 2 daysAt least $500. Aggravated: at least $75091 days below 0.18; 180 days at 0.18 or more
    Ohio3 days in jail or a 3-day driver intervention program (6 days for a high test), up to 6 months$565–$1,0751 to 3 years
    Oklahoma10 days to 1 yearUp to $1,000At least 180 days of revocation, running with IDAP
    Oregon48 hours in jail or community service minimum; up to 364 days$1,000 minimum ($2,000 at 0.15 or more); up to $6,2501 year suspension, then 1 year of ignition interlock
    PennsylvaniaGeneral Impairment: 6 months’ probation, no mandatory jail. High Rate: 48 hours to 6 months. Highest Rate or refusal: 72 hours to 6 monthsGeneral: $300. High: $500–$5,000. Highest or refusal: $1,000–$5,000General: none. High or Highest: 12 months
    Rhode IslandUp to 1 year$100 to $300 (0.08–0.099); $100 to $400 (0.10–0.149); $500 (0.15 or more, or drugs)30 to 180 days (under 0.10); 3 to 12 months (0.10 to 0.149); 3 to 18 months (0.15 or more)
    South Carolina48 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)$400 (under 0.10), $500 (0.10 to under 0.16), or $1,000 (0.16 or more), before assessments; about $992 with assessments at the base tierLicense suspended on conviction; you end it by enrolling in the Ignition Interlock Device Program and getting an interlock restricted license, with the device on for 6 months
    South DakotaUp to the Class 1 misdemeanor maximum (1 year)Up to the Class 1 misdemeanor maximum ($2,000)At least 30 days; the court may extend up to 1 year
    Tennessee48 consecutive hours to 11 months 29 days (7 consecutive days minimum at 0.20 or more)$350 to $1,5001-year revocation
    Texas72 hours to 180 days (6-day minimum with an open container)Up to $2,00090 days to 1 year
    Utah2 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$700 minimum before surcharges; often over $1,300 with fees120 days
    VermontUp to 2 yearsUp to $75090 days (1 year if the offense caused death or serious bodily injury)
    VirginiaUp to 12 months; mandatory 5 days at 0.15–0.20, 10 days above 0.20$250 minimum, up to $2,5001-year revocation; restricted license with interlock usually available
    Washington24 consecutive hours to 364 days (48 hours if BAC 0.15+ or refusal)$350 to $5,000 ($500 minimum if BAC 0.15+ or refusal), plus mandatory court assessments90 days (BAC under 0.15) to 1 year (0.15+ or refusal)
    West VirginiaUp to 6 months (aggravated: 2 days to 6 months)$100 to $500 (aggravated: $200 to $1,000)6 months revocation (1 year at 0.15 or more), or 15 days plus 125 days interlock in Test and Lock (0.15+: 45 days plus 270 days interlock)
    WisconsinNo jail$150 to $300 forfeiture, plus costs and surcharges6 to 9 months revocation
    WyomingUp to 6 monthsUp to $75090 days (credit if already served administratively)

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

    Mandatory minimums vary. Interlock and DUI class requirements are in each state’s guide.

    What Happens in Court

    1. Arraignment (1–4 weeks after arrest) — enter your plea
    2. Pre-trial hearings — evidence review, motions filed
    3. Plea negotiations — reduced charges possible
    4. Trial (if not plea) — rare for first offense
    5. Sentencing — penalties assigned

    Typical timeline: 2–6 months from arrest to resolution.

    Will I Go to Jail?

    Let's cut to it: for most first-time offenders with a BAC near 0.08% and no aggravating factors, you will not serve jail time beyond the night you were arrested.

    Most states allow judges to impose probation, community service, DUI classes, and fines in lieu of jail for first offenses. Exceptions that increase jail risk:

    • Very high BAC (0.15% or above)
    • An accident — especially with injuries
    • A child passenger in the vehicle
    • Refusal to take a chemical test
    • Prior criminal record

    The exception: mandatory minimums. Some states set a minimum jail term even for a first offense. Arizona, for example, requires at least 10 consecutive days, though 9 of them may be suspended. Check the first-offense jail range for your state in the table above.

    Bottom line: jail is unlikely for a standard first offense, but it's possible. An attorney can often negotiate alternatives.

    Full breakdown: Will I go to jail? →

    Will I Lose My License?

    • Administrative vs court suspension — two separate processes
    • Deadline to request hearing — 10–30 days depending on state
    • Restricted/hardship license — available in most states
    • IID (Ignition Interlock Device) — may be required
    • Getting your license back — reinstatement fees + requirements

    Check your license status →

    How Much Does a First DUI Actually Cost?

    The fine is the smallest part. Here's what a first DUI actually costs when you add everything up:

    ExpenseTypical Range
    Bail / Bond$500 – $10,000
    Towing / Impound$200 – $500
    Attorney Fees$2,000 – $10,000
    Court Fines & Fees$500 – $5,000
    DUI Education Classes$300 – $1,500
    Alcohol Evaluation$100 – $500
    IID Installation$100 – $200
    IID Monthly$60 – $90/month
    Insurance Increase (3–5 yrs)$3,000 – $15,000
    SR-22 Filing$15 – $50/filing
    License Reinstatement$50 – $500
    Lost Wages (court dates, classes)$500 – $3,000
    Estimated Total$5,000 – $25,000+

    The insurance increase is what surprises most people. You'll pay significantly more for auto insurance for 3–5 years. Over that period, the extra premiums alone can cost more than every other expense combined.

    Can a First DUI Be Dismissed?

    Honestly? Full dismissals are uncommon, but they do happen. Here are the realistic paths:

    Diversion Programs

    Some jurisdictions offer first-time offender diversion programs. You complete alcohol education, community service, and a probationary period. If you successfully complete it, the charge is dismissed. This is the best realistic outcome for most people — ask your attorney if it's available in your jurisdiction.

    Plea to a Lesser Charge

    In some states (like California), a DUI can be plea-bargained down to "wet reckless" or reckless driving. This carries lighter penalties and looks better on your record, though it still counts as a prior if you get another DUI.

    Suppression of Evidence

    If the traffic stop was illegal, the breathalyzer wasn't calibrated, or your blood sample was mishandled, a judge may suppress that evidence. Without the key evidence, the prosecution may drop the case. This is where a good DUI attorney earns their fee.

    Challenging the Stop

    Police need reasonable suspicion to pull you over and probable cause to arrest you. If they can't justify either, the entire case may fall apart. Did you get pulled over at a random checkpoint? Were you swerving or was it a minor equipment violation? These details matter.

    Real talk: Most first-offense DUI cases are resolved through plea deals, not dismissals. The goal is usually the best possible outcome — which might be reduced charges, minimal penalties, or diversion — not necessarily a full dismissal.

    Full guide: Getting a DUI dismissed →

    How Will This Affect My Life?

    • Employment background checks — visible 7–10 years
    • Professional licenses — nurses, teachers, CDL holders affected
    • Car insurance — 3–7 years of higher rates
    • Criminal record — permanent unless expunged
    • Travel restrictions — Canada denies entry
    • Future DUI penalties — lookback period makes next one worse

    How long does a DUI stay on your record? →

    What to Do Right Now

    You made a mistake. Here's what happens now — and what you can control.

    1

    Don't panic

    A first DUI is serious, but it's not the end. Millions of people have been through this. You will get through it too.

    2

    Request your admin hearing ASAP

    You have 10–30 days (depending on your state) to request a hearing to fight the automatic license suspension. This is the most time-sensitive step.

    3

    Gather your paperwork

    Collect your arrest report, temporary permit, bond documents, and any test results. Keep everything in one place.

    4

    Consider consulting an attorney

    Most offer free consultations. Even if you can't afford one, a consultation will help you understand what you're facing and your realistic options.

    5

    Enroll in DUI classes early

    Shows responsibility to the court. Don't wait until you're ordered — proactive enrollment is viewed favorably.

    6

    Don't discuss on social media

    Anything you post can and will be used against you in court. Delete drafts, avoid venting publicly.

    Built by someone who went through this. The panic, the shame, the 3 AM Google searches — I know exactly what you're feeling right now. This guide is the resource I wished existed when it happened to me. You're going to be okay.

    Frequently Asked Questions

    In most states, a first-offense DUI is a misdemeanor. It can become a felony if there was an accident with injuries, a child was in the car, your BAC was extremely high (typically 0.15%+ or 0.20%+), or someone was killed. But for a standard first offense — misdemeanor.

    For most first-time offenders with a BAC near 0.08% and no aggravating factors, jail time beyond the initial arrest is unlikely. Many states allow probation, community service, or suspended sentences instead. Some states set a mandatory minimum even for a first offense — Arizona, for example, requires at least 10 consecutive days, though 9 may be suspended.

    License suspension for a first DUI ranges from 90 days to 1 year depending on your state. Most states offer a restricted or hardship license that lets you drive to work, school, and medical appointments during the suspension period. Requesting your administrative hearing on time is critical — miss the deadline and the suspension is automatic.

    It depends entirely on your state. Some states allow expungement after a waiting period (typically 5–10 years) with no additional offenses. Others don't allow DUI expungement at all. A few states offer diversion programs for first offenders where the charge is dismissed upon completion — this is the best-case scenario.

    It can. A DUI conviction shows up on criminal background checks. Jobs requiring driving, a CDL, security clearance, or professional licenses (nursing, law, teaching) may be directly affected. Many employers won't fire you for a first offense, but some will. It depends on your industry and employer policy.

    When you add up bail, attorney fees, court fines, DUI classes, increased insurance (3–5 years), SR-22 insurance, possible ignition interlock costs, and lost wages — the total typically ranges from $5,000 to $25,000+. The insurance increase alone can cost $3,000–$15,000 over the SR-22 period.

    Not without talking to an attorney first. Even if the evidence seems strong, there may be procedural errors, equipment issues, or constitutional violations that could weaken the case. At minimum, enter a 'not guilty' plea at arraignment to preserve your options — you can always change it later.

    Refusing a breathalyzer triggers automatic penalties under your state's implied consent law — typically a longer license suspension than a failed test. The refusal can also be used as evidence against you in court. In some states, police can obtain a warrant for a blood draw regardless of your refusal.

    A DUI stays on your criminal record permanently in most states. For driving record purposes, it typically counts for 5-10 years depending on the state's lookback period.

    What to Do Next

    Not sure what applies to your situation?

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