The penalities for first-offense drunken driving vary by state. Here’s a rundown of the laws in all 50 states (BAC refers to blood alcohol content):
Alabama: Deferral programs for those who plead guilty. If program is successful, charges are dropped. In cases of conviction, probation and drug/alcohol monitoring are ordered.
Alaska: Mandatory 72 hours in jail.
Arizona: Mandatory 24 hours for first-time offense under 0.15% BAC (additional jail time for higher offenses).
Arkansas: One day jail time by statute, often served at time of arrest or community service is counted.
California: No jail time on first offense. Community service ordered for BAC above 0.15%.
Colorado: Five days of jail time, suspended in lieu of treatment and community service in cases where BAC is below 0.20%.
Connecticut: No jail time or fines unless the driver injures or kills someone. Conviction expunged after one year if driver completes alcohol education program.
Delaware: Drivers with BAC under 0.15% enroll in first-time offenders program. Upon completion, the conviction is erased.
Florida: No jail time in case of guilty pleas. Up to 50 hours of community service in lieu of incarceration.
Georgia: Mandatory one day in jail.
Hawaii: No minimum jail time. Up to five days in jail, but community service in lieu of jail time is the norm.
Idaho: Five days of jail time, converted to one day served for arrest and four days of community service.
Illinois: No jail time. Community service ordered in cases of high BAC or driving with child in the car.
Indiana: No jail time. Fines and fees.
Iowa: Mandatory 48 hours in jail or DUI weekend program.
Kansas: Mandatory 48 hours in jail, sometimes substituted with 100 hours of community service.
Kentucky: No jail time unless the BAC is greater than 0.15%, which results in four-day jail sentence. Mandatory alcohol education program.
Louisiana: Mandatory two days of jail time, but community service allowed in lieu of incarceration.
Maine: No jail time, but 48 hours of community service for BAC higher than 0.15% or if driver was exceeding the speed limit by more than 30 miles per hour.
Massachusetts: No jail time, but alcohol education program is mandatory.
Maryland: No minimum jail time; maximum time is one year. Mandatory community service in lieu of incarceration.
Michigan: Up to 93 days in jail. Typical sentence is one day, with court-ordered probation and community service.
Minnesota: Up to 60 days jail time, usually substituted with community service, fines and fees.
Mississippi: No minimum, but no more than two days in jail on first offense. Mandatory alcohol assessment.
Missouri: No minimum, up to six months in jail. Usually probation and community service in lieu of incarceration.
Montana: Six months of jail time, suspended after 24 hours in jail on first-time offense.
Nebraska: No jail time. Alcohol assessment program for those under BAC of 0.15%. BAC over 0.15% results in two days of jail time or 120 hours community service.
Nevada: Two days in jail or 96 hours of community service.
New Hampshire: No jail time, but mandatory 20-hour Driver Intervention Program.
New Jersey: Mandatory 12 hours in jail, usually credited as time served following arrest.
New Mexico: One year probation and 24 hours community service.
New York: No minimum jail time. It is a four-year felony if driving drunk with a child in the car, even for first-time offenders.
North Carolina: One day in jail, usually substituted with community service.
North Dakota: Fines and mandatory alcohol evaluation.
Oklahoma: Five days in jail, often suspended to community service as part of a plea bargain.
Ohio: No jail time, but three-day mandatory treatment program.
Oregon: No jail time. Typical sentence is a diversion program that, if completed, results in the charge being dropped.
Pennsylvania: Probation for first-time offender, without verdict, which avoids conviction and jail time.
Rhode Island: No jail time. Ten to 60 hours of community service for BAC of 0.08% to 0.10%. Additional community service for higher levels.
South Carolina: 48 hours of community service for BAC under 0.10%, 72 hours for BAC from 0.10% to 0.16%, and 30 days of community service for 0.16% and above.
South Dakota: No mandatory jail time.
Texas: Mandatory 72 hours of jail time, suspended for time served in exchange for one year probation and 24 to 40 hours of community service.
Tennessee: Mandatory two days in jail.
Utah: Mandatory 48 hours in jail, which can be substituted with community service or electronic tether at home.
Vermont: No minimum jail time. Community service in lieu of incarceration.
Virginia: No minimum jail time. Five days in jail if BAC is greater than 0.15% or a child is in the car.
Washington: Mandatory one day in jail or 15 days at home on electronic tether.
Washington, D.C.: Five days in jail if BAC is higher than 0.15%.
West Virginia: Two day in jail if BAC is higher than 0.15% or a child is in the car.
Wisconsin: No jail time since it is a civil matter on first arrest. Second offense is a mandatory five days in jail, but electronic tether is allowed.
Wyoming: No minimum but up to six months in jail. Fines in lieu of jail time.
Staff research by L.L. Brasier
Alabama: Deferral programs for those who plead guilty. If program is successful, charges are dropped. In cases of conviction, probation and drug/alcohol monitoring are ordered.
Alaska: Mandatory 72 hours in jail.
Arizona: Mandatory 24 hours for first-time offense under 0.15% BAC (additional jail time for higher offenses).
Arkansas: One day jail time by statute, often served at time of arrest or community service is counted.
California: No jail time on first offense. Community service ordered for BAC above 0.15%.
Colorado: Five days of jail time, suspended in lieu of treatment and community service in cases where BAC is below 0.20%.
Connecticut: No jail time or fines unless the driver injures or kills someone. Conviction expunged after one year if driver completes alcohol education program.
Delaware: Drivers with BAC under 0.15% enroll in first-time offenders program. Upon completion, the conviction is erased.
Florida: No jail time in case of guilty pleas. Up to 50 hours of community service in lieu of incarceration.
Georgia: Mandatory one day in jail.
Hawaii: No minimum jail time. Up to five days in jail, but community service in lieu of jail time is the norm.
Idaho: Five days of jail time, converted to one day served for arrest and four days of community service.
Illinois: No jail time. Community service ordered in cases of high BAC or driving with child in the car.
Indiana: No jail time. Fines and fees.
Iowa: Mandatory 48 hours in jail or DUI weekend program.
Kansas: Mandatory 48 hours in jail, sometimes substituted with 100 hours of community service.
Kentucky: No jail time unless the BAC is greater than 0.15%, which results in four-day jail sentence. Mandatory alcohol education program.
Louisiana: Mandatory two days of jail time, but community service allowed in lieu of incarceration.
Maine: No jail time, but 48 hours of community service for BAC higher than 0.15% or if driver was exceeding the speed limit by more than 30 miles per hour.
Massachusetts: No jail time, but alcohol education program is mandatory.
Maryland: No minimum jail time; maximum time is one year. Mandatory community service in lieu of incarceration.
Michigan: Up to 93 days in jail. Typical sentence is one day, with court-ordered probation and community service.
Minnesota: Up to 60 days jail time, usually substituted with community service, fines and fees.
Mississippi: No minimum, but no more than two days in jail on first offense. Mandatory alcohol assessment.
Missouri: No minimum, up to six months in jail. Usually probation and community service in lieu of incarceration.
Montana: Six months of jail time, suspended after 24 hours in jail on first-time offense.
Nebraska: No jail time. Alcohol assessment program for those under BAC of 0.15%. BAC over 0.15% results in two days of jail time or 120 hours community service.
Nevada: Two days in jail or 96 hours of community service.
New Hampshire: No jail time, but mandatory 20-hour Driver Intervention Program.
New Jersey: Mandatory 12 hours in jail, usually credited as time served following arrest.
New Mexico: One year probation and 24 hours community service.
New York: No minimum jail time. It is a four-year felony if driving drunk with a child in the car, even for first-time offenders.
North Carolina: One day in jail, usually substituted with community service.
North Dakota: Fines and mandatory alcohol evaluation.
Oklahoma: Five days in jail, often suspended to community service as part of a plea bargain.
Ohio: No jail time, but three-day mandatory treatment program.
Oregon: No jail time. Typical sentence is a diversion program that, if completed, results in the charge being dropped.
Pennsylvania: Probation for first-time offender, without verdict, which avoids conviction and jail time.
Rhode Island: No jail time. Ten to 60 hours of community service for BAC of 0.08% to 0.10%. Additional community service for higher levels.
South Carolina: 48 hours of community service for BAC under 0.10%, 72 hours for BAC from 0.10% to 0.16%, and 30 days of community service for 0.16% and above.
South Dakota: No mandatory jail time.
Texas: Mandatory 72 hours of jail time, suspended for time served in exchange for one year probation and 24 to 40 hours of community service.
Tennessee: Mandatory two days in jail.
Utah: Mandatory 48 hours in jail, which can be substituted with community service or electronic tether at home.
Vermont: No minimum jail time. Community service in lieu of incarceration.
Virginia: No minimum jail time. Five days in jail if BAC is greater than 0.15% or a child is in the car.
Washington: Mandatory one day in jail or 15 days at home on electronic tether.
Washington, D.C.: Five days in jail if BAC is higher than 0.15%.
West Virginia: Two day in jail if BAC is higher than 0.15% or a child is in the car.
Wisconsin: No jail time since it is a civil matter on first arrest. Second offense is a mandatory five days in jail, but electronic tether is allowed.
Wyoming: No minimum but up to six months in jail. Fines in lieu of jail time.
Staff research by L.L. Brasier
