DUI Laws by State (2026) — Penalties, BAC Limits & More
DUI laws vary dramatically from state to state. Some states treat a first DUI as a minor misdemeanor with minimal jail time, while others impose mandatory jail sentences, lengthy license suspensions, and ignition interlock devices even for first offenders. Below you'll find a comparison table covering every state and DC, with links to detailed state pages covering full penalty schedules, implied consent laws, aggravating factors, diversion programs, and key statutes.
Last updated: 2026-03-27. This is informational only, not legal advice. Consult a qualified DUI attorney for your specific situation.
BAC Calculator & DUI Penalty Estimator
Estimate your blood alcohol content (BAC) using the Widmark formula. This is an approximation — actual BAC depends on many factors including metabolism, food, medications, and individual biology.
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 | 4th DUI offense within 10 years |
| Alaska | DUI | 0.08% | 15 years | 3rd DUI offense within 15 years |
| Arizona | DUI | 0.08% | 84 months (7 years) | 3rd DUI within 84 months (7 years) |
| Arkansas | DWI | 0.08% | 5 years | 4th DWI offense within 5 years |
| California | DUI | 0.08% | 10 years | 4th DUI within 10 years |
| Colorado | DUI / DWAI | 0.08% (DUI); 0.05% (DWAI) | Lifetime | 4th DUI/DWAI offense (lifetime — no lookback limit) |
| Connecticut | DUI (Operating Under the Influence — OUI in statute, commonly called DUI) | 0.08% | 10 years | 3rd DUI offense within 10 years |
| Delaware | DUI | 0.08% | 10 years | 3rd DUI offense within 10 years (Class G Felony); 4th or subsequent DUI within 10 years (Class E Felony) |
| District of Columbia | DUI / DWI / OWI | 0.08% (DWI); 0.05% (DUI with impairment evidence); any amount (OWI) | 15 years | DC has NO felony DUI statute — all DUI/DWI/OWI offenses remain misdemeanors regardless of the number of prior convictions. However |
| Florida | DUI | 0.08% | Lifetime | 4th offense at any time (lifetime) |
| Georgia | DUI | 0.08% | 10 years | 4th DUI within 10 years |
| Hawaii | DUI | 0.08% | 10 years | 4th offense within 10 years (Class C felony under HRS §291E-61.5) |
| Idaho | DUI | 0.08% | 10 years | 3rd DUI offense within 10 years |
| Illinois | DUI | 0.08% | Lifetime | 3rd DUI conviction (lifetime lookback — any two prior DUI convictions from any time). Also a felony if: BAC 0.16+ with 2nd offense |
| Indiana | OWI | 0.08% | 7 years for automatic felony enhancement (2nd OWI within 7 years = Level 6 felony). However, a 3rd OWI is a Level 6 felony regardless of time between offenses (lifetime lookback for 3rd+). The habitual traffic violator designation uses a 10-year window. | 2nd OWI within 7 years |
| Iowa | OWI | 0.08% | 12 years | 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% | Lifetime | 3rd DUI conviction (lifetime lookback). Also a felony: 4th or subsequent DUI |
| Kentucky | DUI | 0.08% | 10 years | 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 | 4th offense within 10 years |
| Maine | OUI | 0.08% | 10 years | 3rd offense within 10 years |
| Maryland | DUI | 0.08% (DUI); 0.07% (DWI — Driving While Impaired) | 5 years (for MVA administrative purposes); lifetime (criminal court may consider all prior convictions at sentencing) | No felony based solely on number of offenses; felony DUI 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 — lifetime lookback applies) |
| Minnesota | DWI | 0.08% | 10 years | 4th offense within 10 years |
| Mississippi | DUI | 0.08% | 5 years | 3rd offense within 5 years |
| Missouri | DWI | 0.08% | 5 years for misdemeanor penalty enhancement; lifetime lookback for felony determination (persistent, chronic, and habitual offender status counts all prior alcohol-related enforcement contacts) | 3rd offense (persistent offender — Class E felony); 4th offense (chronic offender — Class C felony); uses lifetime lookback for all prior alcohol-related enforcement contacts |
| Montana | DUI | 0.08% | Lifetime | 4th offense (lifetime lookback — all prior DUI convictions count regardless of when they occurred) |
| Nebraska | DUI | 0.08% | 15 years | 3rd offense within 15 years |
| Nevada | DUI | 0.08% | 7 years | 3rd DUI offense within 7 years |
| New Hampshire | DWI | 0.08% | 10 years | 4th offense within 10 years |
| New Jersey | DWI | 0.08% | Lifetime | 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 |
| New Mexico | DWI/DUI (both used) | 0.08% | Lifetime | 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 | 2nd DWI offense within 10 years (Class E Felony) or 3rd DWI within 10 years (Class D Felony). Any DWI with a child passenger under 15 (Leandra's Law — Class E Felony for first offense). |
| North Carolina | DWI | 0.08% | 7 years | Habitual DWI: 4th DWI conviction in the preceding 10 years — Class F Felony. Also |
| North Dakota | DUI | 0.08% | 7 years | 4th offense within 7 years |
| Ohio | OVI | 0.08% | 10 years (for misdemeanor enhancement); lifetime for felony OVI lookback | 4th offense within 10 years |
| Oklahoma | DUI | 0.08% | 10 years | 2nd offense within 10 years (Oklahoma is one of the strictest states — a second DUI is already a felony) |
| Oregon | DUII | 0.08% | Lifetime for counting prior offenses; 10-year window determines whether the current offense is charged as a felony (3rd within 10 years) | 3rd DUII within 10 years |
| Pennsylvania | DUI | 0.08% | 10 years | 4th DUI offense within 10 years (felony of the third degree). Also |
| Rhode Island | DUI | 0.08% | 5 years | 3rd offense within 5 years |
| South Carolina | DUI | 0.08% | 10 years for misdemeanor penalty enhancement; lifetime lookback for felony DUI threshold (4th offense) | 4th offense (lifetime lookback — all prior DUI convictions count regardless of when they occurred) |
| South Dakota | DUI | 0.08% | 10 years | 4th offense within 10 years |
| Tennessee | DUI | 0.08% | 10 years | 4th offense within 10 years |
| Texas | DWI | 0.08% | Lifetime (no lookback period | 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 |
| Vermont | DUI | 0.08% | Lifetime (all prior DUI convictions count regardless of when they occurred) | 4th offense (lifetime lookback — all prior convictions 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) | 3rd offense within 10 years |
| Washington | DUI | 0.08% | 7 years (for misdemeanor enhancement); 10 years (for felony DUI threshold | 4th offense within 10 years |
| West Virginia | DUI | 0.08% | 10 years (for determining offense level and enhancement) | 3rd offense within 10 years (lifetime lookback also applies for certain enhancements) |
| Wisconsin | OWI | 0.08% | Lifetime (all prior OWI convictions count regardless of when they occurred | 4th offense (lifetime lookback — all prior convictions count regardless of when they occurred) |
| Wyoming | DUI | 0.08% | 10 years | 3rd offense within 10 years |
Frequently Asked Questions
What is the legal BAC limit for a DUI in the United States?
The legal BAC limit is 0.08% in all 50 states and DC, except Utah which lowered its limit to 0.05% in 2018. Commercial drivers are held to a 0.04% limit nationwide. Most states have zero-tolerance laws for drivers under 21, with BAC limits ranging from 0.00% to 0.02%.
What is the difference between DUI, DWI, OWI, and OUI?
These are all terms for impaired driving — the specific term depends on the state. DUI (Driving Under the Influence) is used in most states. DWI (Driving While Intoxicated) is used in Texas, New York, and others. OWI (Operating While Intoxicated) is used in Iowa, Indiana, and Wisconsin. OUI (Operating Under the Influence) is used in Massachusetts and Maine. DUII (Driving Under the Influence of Intoxicants) is used in Oregon. Regardless of the name, the core offense is the same.
When does a DUI become a felony?
The felony threshold varies by state. In most states, a DUI becomes a felony on the 3rd or 4th offense within a lookback period. Some states (e.g., Arizona) make a 3rd DUI a felony, while others (e.g., Alabama) require a 4th offense. Any DUI causing serious bodily injury or death is typically charged as a felony in every state, regardless of prior history.
What is a DUI lookback period?
A lookback period (also called a washout period) is the window of time during which prior DUI convictions count toward escalating penalties and felony thresholds. For example, a state with a 10-year lookback treats a second DUI within 10 years as a repeat offense, but a DUI 11 years after the first is treated as a first offense for sentencing. Lookback periods range from 5 years (Alabama) to lifetime (Colorado, Florida, Massachusetts, and others).
What happens if I refuse a breathalyzer test?
Every state has an implied consent law — by driving on public roads, you have consented to chemical testing. Refusing a breathalyzer or blood test typically results in an automatic license suspension (often longer than a DUI suspension itself), and the refusal can be used as evidence against you in court. Some states impose additional fines or mandatory jail time for refusal. In many states, police can obtain a warrant for a forced blood draw.
Disclaimer:This page is informational only, not legal advice. DUI laws, penalties, and procedures change frequently. Always verify current laws with your state's statutes or a qualified DUI attorney before relying on this information.
Sources: NCSL Drunk Driving Overview | NHTSA | State statutes and DMV websites