DUI Laws by State (2026) — Penalties, BAC Limits & More
Start with the state where the case arose, the exact charge, and the alleged offense date. Use the references below to locate the relevant rules and sources; a comparison table cannot determine which priors, enhancements, or licensing procedures apply to your case.
Last updated: 2026-09-07. This is informational only, not legal advice. Consult a qualified DUI attorney for your specific situation.
How much alcohol is in a serving?
A large can or strong beer can contain more than one US standard drink. Enter the label's volume and alcohol by volume (ABV); for mixed drinks, calculate each alcoholic ingredient separately and add the results.
Formula: servings × US fluid ounces per serving × (ABV ÷ 100) ÷ 0.6. For example, a 16 fl oz beer at 7% ABV contains about 1.87 standard drinks. NIAAA defines a US standard drink as 0.6 fl oz (about 14 grams) of pure alcohol.
NIAAA: standard drink definition
Drink counts cannot tell you when it is safe to drive. Arrange a sober ride. If someone cannot be awakened, has slow or irregular breathing, seizures, or other signs of alcohol overdose, call 911; do not wait for a BAC estimate.
Prepare for a DUI case review
Use this checklist to gather the facts needed to read your state's rules. A charge, sentence, or license deadline cannot be determined from an offense number and a BAC alone.
Documents and questions for California
- Keep the citation, charging document, test or refusal paperwork, and every court and licensing-agency notice. Identify hearing request deadlines from the actual notices; court and license proceedings may have separate deadlines.
- Record the alleged offense date, charge and statute, test type, collection time, reported result, and any allegation of refusal. Have a lawyer review which offense and version of the law apply.
- Ask the licensing agency which reinstatement conditions apply to your notice: restricted privileges, interlock, education, fees, and financial-responsibility filing. Do not assume that every state or case uses SR-22 or a three-year filing period.
Federal overview: NHTSA impaired driving guidance.
DUI Lookback Periods by State
DUI Laws Comparison (All 51 Jurisdictions)
| State | Term Used | BAC Limit | Lookback Period | Felony Threshold |
|---|---|---|---|---|
| Alabama | DUI | 0.08% | 10 years — prior DUI convictions within the past 10 years count toward repeat-offender penalties and felony thresholds | 4th DUI offense with priors within 10 years, OR any DUI following a prior felony DUI conviction (no time limit) |
| Alaska | DUI | 0.08% | Dual windows: 10 years for felony classification (third offense with two or more priors within 10 years), 15 years for counting prior convictions when setting minimum sentences and DMV revocation periods (AS 28.35.030(n), (w)(4)) | 3rd DUI offense within 10 years (two or more prior convictions within the 10 years preceding the present offense; priors counted since January 1, 1996) |
| Arizona | DUI | 0.08% | 84 months (7 years) — Arizona counts prior DUI convictions within the past 84 months for repeat-offender penalties and felony aggravated DUI charging | 3rd DUI within 84 months (7 years), OR any DUI while license is suspended/revoked for a prior DUI, OR any DUI with a child under 15 in the vehicle |
| Arkansas | DWI | 0.08% | 10 years — DWI convictions within the past 10 years count toward repeat-offender penalties and the felony threshold; a 6th or subsequent offense is measured within 20 years (Ark. Code § 5-65-111) | 4th DWI offense within 10 years |
| California | DUI | 0.08% | 10 years — California counts prior DUI convictions (including wet reckless pleas) within the past 10 years for purposes of charging repeat offenses and applying enhanced penalties | 4th DUI within 10 years, OR any DUI causing injury (may be charged as felony), OR any prior felony DUI conviction |
| Colorado | DUI / DWAI | 0.08% (DUI); 0.05% (DWAI) | Lifetime — Colorado has NO lookback period limitation. All prior DUI, DWAI, vehicular assault, and vehicular homicide convictions (including equivalent out-of-state convictions) count as priors for enhancement purposes regardless of how long ago they occurred. This is one of the strictest approaches in the nation. | 4th DUI/DWAI offense (lifetime — no lookback limit), OR any DUI/DWAI offense when the offender has 3 or more prior alcohol-related driving convictions (DUI, DWAI, vehicular assault/homicide, or equivalent out-of-state convictions) |
| Connecticut | DUI (Operating Under the Influence — OUI in statute, commonly called DUI) | 0.08% | 10 years — Connecticut counts prior DUI convictions within the past 10 years for repeat-offender penalties and felony threshold determination | 3rd DUI offense within 10 years |
| Delaware | DUI | 0.08% | 10 years — Delaware counts prior DUI convictions within the past 10 years for purposes of charging repeat offenses and determining felony classification | 3rd offense at any time after 2 prior offenses (Class G Felony); 4th at any time after 3 priors (Class E Felony, 2-5 years); 5th (Class E, 3-5 years); 6th (Class D Felony); 7th and beyond (Class C Felony) |
| District of Columbia | DUI / DWI / OWI | 0.08% (DWI); 0.05% (DUI with impairment evidence); any amount (OWI) | 15 years — DC counts prior DUI/DWI/OWI convictions within the past 15 years for purposes of applying repeat-offender enhanced penalties | DC has NO felony DUI statute — all DUI/DWI/OWI offenses remain misdemeanors regardless of the number of prior convictions. However, DUI causing death can be charged as involuntary manslaughter (a felony). |
| Florida | DUI | 0.08% | Lifetime — Florida has no lookback limitation. All prior DUI convictions count regardless of when they occurred. However, certain enhanced penalties (like mandatory minimums for 2nd offense) apply only if the prior occurred within 5 years, and felony 3rd offense applies within 10 years of the 2nd. | 4th offense at any time (lifetime), or 3rd offense within 10 years of 2nd conviction |
| Georgia | DUI | 0.08% | 10 years — Georgia uses a 10-year lookback period (measured from dates of arrest, not conviction) to determine whether a DUI is treated as a 1st, 2nd, 3rd, or 4th offense for penalty purposes. | 4th DUI within 10 years |
| Hawaii | DUI | 0.08% | 10 years — Hawaii counts prior OVUII convictions within a rolling 10-year period (from conviction date to new offense date) for determining offense level and applicable penalties. | 3rd offense within 10 years — habitual OVUII (two or more prior OVUII convictions within the 10 years preceding the new offense, or one prior habitual-OVUII conviction); Class C felony under HRS §291E-61.5, or Class B felony if the person was a highly intoxicated driver (BAC 0.15%+) |
| Idaho | DUI | 0.08% | 10 years — Idaho uses a 10-year lookback period from the date of the prior offense to determine repeat offense penalties. A DUI becomes a felony on the 3rd offense within this window. | 3rd DUI offense within 10 years, or any DUI causing death or serious injury |
| Illinois | DUI | 0.08% | Lifetime — Illinois uses a lifetime lookback for determining felony DUI status. Any two prior DUI convictions from any time in your life make a third DUI a Class 2 felony. However, for statutory summary suspension purposes (administrative penalties), only offenses within the past 5 years are considered for MDDP eligibility. | 3rd DUI conviction (lifetime lookback — any two prior DUI convictions from any time). Also a felony if: BAC 0.16+ with 2nd offense, child passenger, no valid license/insurance, school zone, or causing injury/death. |
| Indiana | OWI | 0.08% | 7 years — an OWI is a Level 6 felony only if a prior OWI conviction occurred within the 7 years immediately preceding the new offense (IC 9-30-5-3(a)(1)); there is no lifetime lookback, so a later OWI with priors older than 7 years is a misdemeanor again. The habitual traffic violator designation uses a 10-year window. | Prior OWI conviction within the 7 years immediately preceding the new offense (Level 6 felony, IC 9-30-5-3(a)(1)); or OWI by a driver 21+ with a passenger under 18 while violating the per se or endangerment provisions (Level 6 felony, IC 9-30-5-3(a)(2)). A 3rd OWI is NOT automatically a felony — priors older than 7 years leave the new OWI a misdemeanor. Also felony: OWI causing serious bodily injury (Level 5; Level 4 if a prior OWI within the preceding 5 years), OWI causing death or catastrophic injury (Level 4), or a new OWI by a person with a prior OWI-injury/death conviction (Level 5, IC 9-30-5-3(b)). |
| Iowa | OWI | 0.08% | 12 years — Iowa uses one of the longest lookback periods in the nation. Prior OWI offenses within the preceding 12 years (from the date of the current offense) are counted for determining penalty level. Offenses older than 12 years are not used for enhancement, though they still appear on your criminal record. | 3rd OWI offense within 12 years (Class D felony). Also: any OWI causing serious injury (Class D felony) or death (Class B felony). |
| Kansas | DUI | 0.08% | Convictions and diversions count for life in determining offense number, but felony treatment on a 3rd conviction requires a prior conviction within the preceding 10 years (excluding incarceration). A 4th or subsequent conviction is a felony regardless of how old the priors are. The Kansas Department of Revenue applies lifetime counting for administrative license actions. | 3rd DUI conviction is a severity level 6 nonperson felony only if a prior DUI conviction occurred within the preceding 10 years (excluding incarceration time); with no prior in that window, a 3rd is a Class A nonperson misdemeanor. A 4th or subsequent conviction is a severity level 6 nonperson felony regardless of timing (K.S.A. §8-1567(b)(1)(D)-(E)). |
| Kentucky | DUI | 0.08% | 10 years — Kentucky uses a 10-year lookback period from the date of the prior offense to the date of the current offense to determine repeat offense level and applicable penalties. Offenses older than 10 years do not count for enhancement purposes but remain on the criminal record. | 4th DUI within 10 years (Class D felony). Also a felony if: DUI causing serious injury (Class D felony) or death (Class C or B felony). |
| Louisiana | DWI | 0.08% | 10 years — prior OWI/DWI convictions (and vehicular homicide, third-degree feticide, and vehicular negligent injuring convictions) more than 10 years before the new offense cannot be used for enhancement; time awaiting trial, on probation or parole, or incarcerated is excluded when computing the 10 years (La. R.S. 14:98) | 3rd offense (La. R.S. 14:98.3) — a felony carrying 1–5 years and a flat $2,000 fine; priors older than 10 years cannot be used for enhancement. 4th or subsequent offense (14:98.4): flat $5,000 fine and 10–30 years. DWI is also a felony when it causes serious bodily injury (La. R.S. 14:39.2, up to 5 years) or death (vehicular homicide, La. R.S. 14:32.1, 5–30 years with a 3-year minimum). |
| Maine | OUI | 0.08% | 10 years for ordinary qualifying prior OUI offenses; no ten-year limit for the prior Class B/C OUI or qualifying OUI-related homicide trigger in §2411(1-A)(D)(2) | 3rd offense within 10 years (Class C felony); any OUI committed after a prior Class B or C OUI conviction or an OUI-related criminal homicide conviction — no matter how long ago — is a Class B crime (§2411(1-A)(D)(2)) |
| Maryland | DUI | 0.08% (DUI); 0.07% (DWI — Driving While Impaired) | 5 years for second-offense penalties and the 5-day/10-day mandatory minimums (Transp. §21-902(a)(1)(iv), (f)); no time limit for the repeat-offender tiers in §21-902(h) and (i) — priors of any age count | No felony based solely on the number of offenses — 2+ priors are charged as enhanced misdemeanors (up to 5 years under §21-902(h); up to 10 years under §21-902(i)); felony applies only when death or life-threatening injury occurs |
| Massachusetts | OUI | 0.08% | Lifetime (all prior OUI convictions count regardless of when they occurred) | 3rd lifetime offense (no lookback limitation — all prior convictions count regardless of how long ago) |
| Michigan | OWI | 0.08% (OWI); any impairment (OWVI); 0.17% (Super Drunk / OWI High BAC) | Lifetime (all prior OWI/OWVI convictions count regardless of when they occurred) | 3rd lifetime offense (no lookback limitation), or any new OWI with a prior conviction for OWI causing death or OWI causing serious impairment of a body function (MCL 257.625(9)) |
| Minnesota | DWI | 0.08% | 10 years | 4th offense within 10 years (three or more prior qualified incidents within 10 years), any DWI after a prior felony DWI conviction, or any DWI after a prior felony criminal vehicular operation conviction (Minn. Stat. § 169A.24). Driving on a license canceled as inimical to public safety is a separate offense under § 171.24 (gross misdemeanor; a felony after a prior § 171.24 conviction), not a felony upgrade of the DWI itself |
| Mississippi | DUI | 0.08% | 5 years | 3rd offense within 5 years (felony); a 4th or subsequent offense is a felony regardless of how long ago the prior offenses occurred (lifetime lookback, Miss. Code §63-11-30) |
| Missouri | DWI | 0.08% | 5 years for the prior-offender misdemeanor enhancement; no time limit for felony status — persistent (2+ priors), aggravated (3+), chronic (4+), and habitual (5+) offender classifications count all prior intoxication-related traffic offenses, however old (RSMo 577.001) | 2+ prior intoxication-related traffic offenses, no matter how old, = persistent offender (Class E felony, RSMo 577.010(2)(3)); 3+ priors = aggravated offender (Class D felony); 4+ = chronic offender (Class C felony); 5+ = habitual offender (Class B felony). Only the misdemeanor prior-offender enhancement uses a 5-year window (RSMo 577.001(20)) |
| Montana | DUI | 0.08% | Lifetime — all prior DUI convictions count toward enhancement regardless of when they occurred | 4th offense (felony, MCA 61-8-1008; lifetime lookback — all prior DUI convictions count regardless of when they occurred) |
| Nebraska | DUI | 0.08% | 15 years — prior DUI convictions within this window count toward offense enhancement | Aggravated 3rd offense (two priors within 15 years plus BAC ≥ 0.15% or refusal): Class IIIA felony. Any 4th offense (three priors within 15 years): Class IIIA felony (minimum 180 days); aggravated 4th: Class IIA felony (minimum 1 year). 5th or subsequent (four or more priors): Class IIA felony (minimum 2 years); aggravated 5th+: Class II felony (minimum 2 years) (§ 60-6,197.03(6)-(10)) |
| Nevada | DUI | 0.08% | 7 years — prior DUI convictions within this period count toward offense-level enhancement | 3rd DUI offense within 7 years; any DUI resulting in death or substantial bodily harm; or any DUI committed after a prior felony DUI conviction or while undergoing felony-level treatment — regardless of how much time has passed (484C.410) |
| New Hampshire | DWI | 0.08% | 10 years — prior DWI convictions within this window count toward offense-level enhancement | 4th offense within 10 years (class B felony, indefinite revocation with a 7-year wait before any reinstatement petition, RSA 265-A:18, IV(c)); aggravated DWI causing serious bodily injury (RSA 265-A:3, I(b)) is a class B felony, and DWI causing death is negligent homicide, a class A felony (RSA 630:3) |
| New Jersey | DWI | 0.08% | 10-year step-down — a second offense occurring more than 10 years after the first is sentenced as a first offense, and a third occurring more than 10 years after the second is sentenced as a second offense (N.J.S.A. 39:4-50(a)) | DWI itself is never classified as a felony or indictable offense in New Jersey — it remains a traffic violation regardless of number of offenses. However, vehicular homicide while intoxicated is a 2nd-degree crime (equivalent to a felony). |
| New Mexico | DWI/DUI (both used) | 0.08% | Lifetime — all prior DWI convictions count toward enhancement. New Mexico eliminated its lookback period; a 4th DWI is always a felony regardless of when prior offenses occurred. | 4th DWI offense (lifetime lookback — all prior DWI convictions count regardless of when they occurred) |
| New York | DWI/DWAI | 0.08% for DWI; 0.05% for DWAI (Driving While Ability Impaired) | 10 years — prior DWI-related convictions within this window count toward felony enhancement. For permanent license revocation and DMV purposes, the lookback may be 25 years. | 2nd DWI offense within 10 years (Class E Felony) or 3rd or subsequent DWI-related offense within 15 years (Class D Felony — Vince's Law). Any DWI with a child passenger aged 15 or younger (Leandra's Law — Class E Felony for first offense). |
| North Carolina | DWI | 0.08% | 7 years — prior DWI convictions within this window are 'grossly aggravating factors' for sentencing. For habitual DWI (felony), the lookback is 10 years. | Habitual DWI: 4th DWI conviction in the preceding 10 years — Class F Felony. Also, DWI causing death (felony death by vehicle) is a Class D Felony. |
| North Dakota | DUI | 0.08% | 7 years for second- and third-offense counting; 15 years for felony (fourth or subsequent) counting (N.D.C.C. § 39-08-01) | 4th or subsequent offense within a fifteen-year period (Class C felony, N.D.C.C. § 39-08-01); the 7-year window applies only to second- and third-offense misdemeanor counting |
| Ohio | OVI | 0.08% | 10 years (for misdemeanor enhancement); lifetime for felony OVI lookback | 4th or 5th offense within 10 years, or 6th within 20 years (fourth-degree felony, ORC 4511.19(G)(1)(d)); any new OVI after a prior felony OVI conviction, no matter how long ago (third-degree felony, ORC 4511.19(G)(1)(e)) |
| Oklahoma | DUI | 0.08% | 10 years, measured from the date of completing the prior sentence or deferred judgment | Second offense within 10 years of completing a prior sentence or deferred judgment (Class C2 felony). Aggravated DUI — BAC 0.15%+, a reportable crash, a passenger under 18, eluding police, speeding 20+ mph over the limit (10+ in a school zone), certain lane/road-position violations, or reckless driving — is a Class B3 felony even for a first offense. A DUI after a prior felony DUI is Class B4; after two prior felony DUIs, Class B3 |
| Oregon | DUII | 0.08% | Felony DUII: prior convictions within 10 years (ORS 813.011) — and for life once a felony DUII sentence has been imposed. DMV consequences: second conviction within 5 years brings a 3-year suspension (ORS 809.428); a third conviction at any time brings permanent revocation (ORS 809.235). Diversions are not convictions for these counts. | Class C felony if at least two times in the 10 years before the current offense the defendant has been convicted of DUII, its statutory counterpart in another jurisdiction, or a foreign impaired-driving/BAC-limit offense (ORS 813.011(1)); ORS 813.010(5) separately makes DUII a felony with at least three such convictions within 10 years. Once a person has been sentenced for felony DUII, any subsequent DUII is a Class C felony regardless of how much time passes (ORS 813.011(2)). Diversions are not convictions and do not count. |
| Pennsylvania | DUI | 0.08% | 10 years | Third-degree felony (75 Pa.C.S. § 3803): a 3rd offense at the Highest tier (0.16%+ BAC, refusal, or drugs) with 2 priors within 10 years — Deana's Law, § 3803(b)(4.1)(i); a 4th offense (3+ priors within 10 years) at any tier — § 3803(a)(3), (b)(4); and a Highest-tier offense with 3+ priors is a second-degree felony, § 3803(b)(4.1)(ii). Driving on a DUI-suspended license is a separate escalating offense under § 1543(b), not a felony upgrade of the DUI itself. |
| Rhode Island | DUI | 0.08% | 10 years (P.L. 2024, ch. 217, effective July 1, 2025). Prior out-of-state DUI convictions count; refusals under § 31-27-2.1 count toward suspension periods (§ 31-27-2(d)(5)(i)) | Third or subsequent offense within 10 years — felony in both BAC tiers (1–3 years for BAC < 0.15%, 3–5 years for 0.15%+). Separately, driving on a license suspended for DUI is itself a felony (§ 31-27-2(d)(4)), and a second child-passenger DUI offense is a felony (§ 31-27-2(d)(5)(ii)). |
| South Carolina | DUI | 0.08% | 10 years for all penalty enhancement — including the felony threshold (§ 56-5-2930(D): only offenses within 10 years count as priors). § 56-5-2945 injury/death cases are felonies on the first offense regardless of priors | 4th or subsequent offense within 10 years — DUAC (§ 56-5-2933) convictions count as priors too (§ 56-5-2930(D), (A)(6)). DUI causing great bodily injury or death (§ 56-5-2945) is a felony on the first offense |
| South Dakota | DUI | 0.08% | 10 years | 3rd offense within 10 years (Class 6 felony, SDCL 32-23-4: up to 2 years, $4,000 fine, 1-year revocation); 4th offense: Class 5 felony (SDCL 32-23-4.6: up to 5 years, $10,000, 2-year revocation); 5th or subsequent offense: Class 4 felony (SDCL 32-23-4.7: up to 10 years, $20,000, 3-year revocation) |
| Tennessee | DUI | 0.08% | 10 years | 4th offense within a rolling 10-year lookback; 5th offense is a Class D felony (up to 12 years) and 6th or subsequent a Class C felony (up to 15 years), each carrying the same 150-day minimum, fines, and 8-year revocation as a 4th offense. Prior vehicular assault, aggravated vehicular assault, vehicular homicide, or aggravated vehicular homicide convictions count as DUI priors regardless of when they occurred (Tenn. Code § 55-10-407(3)). |
| Texas | DWI | 0.08% | Lifetime (no lookback period — all prior DWI convictions count regardless of when they occurred) | 3rd offense (no lookback period — all priors count regardless of age) |
| Utah | DUI | 0.05% (lowest in the nation since December 30, 2018) | 10 years | 3rd DUI within 10 years, OR any DUI with prior felony DUI conviction |
| Vermont | DUI | 0.08% | Hybrid 20-year lookback: a second offense requires one prior within the last 20 years; a third requires two priors with at least one within 20 years; a fourth or subsequent requires three or more priors with at least one within 20 years (§ 1210(c)–(e)) | Third offense — two prior convictions with at least one within the last 20 years — carries up to 5 years, which makes it a felony under Vermont's over-2-years convention (§ 1210(d)). Fourth or subsequent (three or more priors, at least one within 20 years): up to 10 years (§ 1210(e)). DUI causing death or serious bodily injury is penalized separately at § 1210(f)/(g) regardless of offense count. |
| Virginia | DUI/DWI (uses both) | 0.08% | 10 years for misdemeanor enhancement (2nd offense); lifetime lookback for felony DUI (3rd+ offense within 10 years establishes felon status permanently) | Third offense within 10 years (Class 6 felony, $1,000 minimum fine); 4th or subsequent offense within 10 years (one-year mandatory minimum); and any DUI following a prior conviction for felony DUI, DUI maiming (§ 18.2-51.4), or DUI manslaughter (§ 18.2-36.1) is a Class 6 felony with a one-year mandatory minimum regardless of how much time has passed (§ 18.2-270(C)(2)) |
| Washington | DUI | 0.08% | 7 years (for misdemeanor enhancement); 15 years (for felony DUI threshold — 4th within 15 years; extended from 10 years effective January 1, 2026 under ESHB 1493) | 4th offense within 15 years (extended from 10 years effective January 1, 2026 under ESHB 1493), OR prior vehicular homicide/assault conviction |
| West Virginia | DUI | 0.08% | 10 years (for determining offense level and enhancement) | Third or subsequent offense within the 10-year lookback measured from the date of arrest (§ 17C-5-2(m), (n)) — priors include out-of-state and municipal-ordinance equivalents and conditional probation under § 17C-5-2b. DUI causing death (§ 17C-5-2(b)) and serious bodily injury (§ 17C-5-2(c)) are felonies regardless of offense count |
| Wisconsin | OWI | 0.08% | Lifetime (all prior OWI convictions count regardless of when they occurred — Wisconsin has no lookback limit) | 4th offense (lifetime lookback — all prior convictions count regardless of when they occurred) |
| Wyoming | DUI | 0.08% | 10 years | 4th or subsequent offense within 10 years (§ 31-5-233(e)) — a felony even though a third offense is still a misdemeanor. Separately, DUI-caused death is a felony (aggravated homicide by vehicle, § 6-2-106) regardless of offense count |