How long can you be jailed for a first drunk-driving conviction, state by state?
Every state’s answer, and the District of Columbia’s, from its own manual or code: 25 have a rule on this, quoted below with where it is written; 26 say nothing on it.
Statutes fetched between 7 and 8 October 2026; manuals fetched between 14 September and 4 October 2026. How the answers are made
| State | The rule | Where it is written | As of |
|---|---|---|---|
| Alabama | A first DUI conviction carries a fine of $600 to $2,100, up to one year in jail, or both, and the license is suspended for 90 days. | Alabama Driver Manual, p.33 | 14 Sep 2026 |
| Arizona | A first DUI offense in Arizona brings jail for not less than 10 consecutive days. | Arizona Driver License Manual and Customer Service Guide, p.66 | 14 Sep 2026 |
| Arkansas | For a first alcohol conviction in Arkansas, you could also be sentenced to 1 year in jail. | Arkansas Driver License Study Guide, p.74 | 4 Oct 2026 |
| California | Additional penalties for a DUI conviction include up to six months in jail, a fine, and having your vehicle impounded with a storage fee to pay. | California Driver’s Handbook, p.74 | 14 Sep 2026 |
| Delaware | For a first DUI offense in Delaware, the court may fine the driver $500 to $1,500 and/or sentence them to imprisonment for up to 12 months. | Delaware Driver Manual, p.56 | 14 Sep 2026 |
| District of Columbia | (a) Except as provided in subsections (b) and (c) of this section, a person violating any provision of § 50-2206.11 or § 50-2206.12 shall upon conviction for the first offense be fined $1,000, or incarcerated for not more than 180 days, or both; provided, that: | District of Columbia law, D.C. Code § 50-2206.13(a) | 7 Oct 2026 |
| Florida | 2. By imprisonment for: a. Not more than 6 months for a first conviction. b. Not more than 9 months for a second conviction. | Florida law, Fla. Stat. § 316.193(2)(a) | 7 Oct 2026 |
| Georgia | Georgia sets severe penalties for driving under the influence: fines up to $1000, jail up to 12 months, and a suspension of your driving privileges that the court must impose. | Georgia Driver's Manual, p.56 | 18 Sep 2026 |
| Idaho | A first DUI conviction brings up to six months in jail, a fine of up to $1,000, and a mandatory license suspension of at least 90 days and up to 180 days, with absolutely no driving privileges for the first 30 days. | July 2026 Idaho Driver's Handbook, p.132 | 14 Sep 2026 |
| Iowa | 3. A first offense is punishable by all of the following: a. A minimum period of imprisonment in the county jail of forty-eight hours, but not to exceed one year, to be served as ordered by the court, less credit for any time the person was confined in a jail or detention facility following arrest or for any time the person spent in a court-ordered operating-while-intoxicated program that provides law enforcement security. However, the court, in ordering service of the sentence and in its discretion, may accommodate the defendant’s work schedule. | Iowa law, Iowa Code § 321J.2(3) | 7 Oct 2026 |
| Kansas | A first Kansas alcohol violation conviction could bring a sentence of a minimum of 48 hours in jail or 100 hours of community service. | Kansas Driving Handbook, p.24 | 14 Sep 2026 |
| Kentucky | A first Kentucky DUI conviction within ten years carries imprisonment of not less than forty-eight hours nor more than thirty days. | Kentucky Driver Manual, p.27 | 14 Sep 2026 |
| Louisiana | The maximum penalty for a 1st DWI conviction includes six months in jail and a $1,025 fine plus court costs. | Class D & E Driver's Guide, p.124 | 14 Sep 2026 |
| Massachusetts | A first conviction for operating under the influence brings a fine of $500 to $5,000, up to 2 1/2 years in prison, and a one year license suspension. | Massachusetts Driver's Manual, p.68 | 14 Sep 2026 |
| Michigan | Penalties for operating under the influence can include up to 93 days in jail. | What Every Driver Must Know, p.15 | 14 Sep 2026 |
| Minnesota | A first DWI offense can also bring 90 days in jail, a $1,000 fine or both. | Minnesota Driver’s Manual, p.92 | 14 Sep 2026 |
| Mississippi | A first-offense DUI carries a jail term of up to 48 hours. | Mississippi Driver's License Manual, p.79 | 4 Oct 2026 |
| Missouri | A first DWI or BAC conviction can mean up to six months in jail and a fine of up to $500. | Missouri Driver Guide, p.68 | 14 Sep 2026 |
| Montana | A first alcohol conviction in Montana can bring a jail sentence of 1 to 60 days. | Montana Driver Manual, p.72 | 14 Sep 2026 |
| Nevada | A first DUI offense carries a jail sentence of 2 days to 6 months, or 48 to 96 hours of community service. | Nevada Driver Handbook, p.80 | 14 Sep 2026 |
| New Mexico | E. A first conviction pursuant to this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than ninety days or by a fine of not more than five hundred dollars ($500), or both; provided that if the sentence is suspended in whole or in part or deferred, the period of probation may extend beyond ninety days but shall not exceed one year. Upon a first conviction pursuant to this section, an offender shall be sentenced to not less than twenty-four hours of community service. In addition, the offender may be required to pay a fine of three hundred dollars ($300). The offender shall be ordered by the court to participate in and complete a screening program described in Subsection L of this section and to attend a driver rehabilitation program for alcohol or drugs, also known as a "DWI school", approved by the bureau and also may be required to participate in other rehabilitative services as the court shall determine to be necessary. In addition to those penalties, when an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty-eight consecutive hours in jail. If an offender fails to complete, within a time specified by the court, any community service, screening program, treatment program or DWI school ordered by the court or fails to comply with any other condition of probation, the offender shall be sentenced to not less than an additional forty-eight consecutive hours in jail. Any jail sentence imposed pursuant to this subsection for failure to complete, within a time specified by the court, any community service, screening program, treatment program or DWI school ordered by the court or for aggravated driving under the influence of intoxicating liquor or drugs shall not be suspended, deferred or taken under advisement. On a first conviction pursuant to this section, any time spent in jail for the offense prior to the conviction for that offense shall be credited to any term of imprisonment fixed by the court. A deferred sentence pursuant to this subsection shall be considered a first conviction for the purpose of determining subsequent convictions. | New Mexico law, NMSA 1978, § 66-8-102(E) | 8 Oct 2026 |
| New York | (b) Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs; aggravated driving while intoxicated; misdemeanor offenses. (i) A violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of this article shall be a misdemeanor and shall be punishable by a fine of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment in a penitentiary or county jail for not more than one year, or by both such fine and imprisonment. A violation of paragraph (a) of subdivision two-a of section eleven hundred ninety-two of this article shall be a misdemeanor and shall be punishable by a fine of not less than one thousand dollars nor more than two thousand five hundred dollars or by imprisonment in a penitentiary or county jail for not more than one year, or by both such fine and imprisonment. | New York law, N.Y. Veh. & Traf. Law § 1193(1)(b) | 8 Oct 2026 |
| Oklahoma | A first DUI offense with a BAC of .08 or more is a misdemeanor, with jail for not less than 10 days nor more than 1 year and a fine of not more than $1,000. | Oklahoma Driver Manual, p.65 | 14 Sep 2026 |
| South Dakota | A first DWI offense (0.08% BAC or more) is a Class 1 misdemeanor punished by a fine, imprisonment up to one year, or both. | South Dakota Driver License Manual, p.20 | 14 Sep 2026 |
| Texas | A first adult conviction for driving while intoxicated carries a fine of up to $2,000 and 72 hours to 180 days in jail. | Texas Driver Handbook, p.58 | 14 Sep 2026 |
Download this comparison as CSV
No rule found
No rule found in the manual or code of: Alaska, Colorado, Connecticut, Hawaii, Illinois, Indiana, Maine, Maryland, Nebraska, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
Monthly: what changed in state driving law. Get it by email
Ask a question across every state
The ask box answers “How long can you be jailed for a first drunk-driving conviction?” for every state at once when Nationwide is ticked: each state’s figure from its own manual or code, cited, and the states that say nothing named.