For how many years does a prior drunk-driving conviction count against you, state by state?
Every state’s answer, and the District of Columbia’s, from its own manual or code: 28 have a rule on this, quoted below with where it is written; 23 say nothing on it.
Statutes fetched between 6 and 9 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 | (p)(1) Except as provided in subdivision (2), a prior conviction for driving under the influence from this state, a municipality within this state, or another state or territory or a municipality of another state or territory shall be considered by a court for imposing a sentence pursuant to this section if the prior conviction occurred within 10 years of the date of the current offense. (2) If the person has a previous felony DUI conviction, then all of the person’s subsequent DUI convictions shall be treated as felonies regardless of the date of the previous felony DUI conviction. | Alabama law, Ala. Code § 32-5A-191(p) | 6 Oct 2026 |
| Alaska | Prior DWI/DUI or Refusal convictions in Alaska or another state within the last 15 years can be used to set the administrative revocation period. | Alaska Driver Manual, p.20 | 14 Sep 2026 |
| Arizona | A third DUI within 7 years is an Aggravated DUI. | Arizona Driver License Manual and Customer Service Guide, p.66 | 14 Sep 2026 |
| Connecticut | (g) Penalties for operation while under the influence. Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the one-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the three-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, except that for the first year of such three-year period, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense, except that if such person's revocation is reversed or reduced pursuant to subsection (i) of section 14-111, such person shall be prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, for the time period prescribed in subdivision (2) of subsection (i) of section 14-111. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 14-227m, a conviction under the provisions of subdivision (1) or (2) of subsection (a) of section 14-227n, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section, section 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense. | Connecticut law, Conn. Gen. Stat. § 14-227a(g) | 7 Oct 2026 |
| Delaware | (2) Time limitations. — For the purpose of determining the applicability of enhanced penalties under § 4177 of this title, the time limitations on use of prior or previous convictions or offenses under this subsection are as follows: a. For sentencing under § 4177(d)(2) of this title, the second offense must have occurred within 10 years of a prior or previous offense. b. For sentencing under § 4177(d)(3), (d)(4), (d)(5), (d)(6), (d)(7), (d)(8), or (d)(9) of this title, there is not a time limitation and all prior or previous convictions or offenses as defined in paragraph (e)(1) of this section must be considered for sentencing. c. For any subsection that does not have a time limitation prescribed, all prior or previous convictions or offenses as defined in paragraph (e)(1) of this section must be considered. | Delaware law, 21 Del. C. § 4177B(e)(2) | 7 Oct 2026 |
| District of Columbia | (17) “Prior offense” means any guilty plea or verdict, including a finding of guilty in the case of a juvenile, for an offense under District law or a disposition in another jurisdiction for a substantially similar offense which occurred prior to the current offense regardless of when the arrest occurred. The term “prior offense” does not include an offense where the later of any term of incarceration, supervised release, parole, or probation ceased or expired more than 15 years before the arrest on the current offense. | District of Columbia law, D.C. Code § 50-1901(17) | 7 Oct 2026 |
| Florida | (a) Upon conviction of the driver, the court, along with imposing sentence, shall revoke the driver license or driving privilege of the person so convicted, effective on the date of conviction, and shall prescribe the period of such revocation in accordance with the following provisions: 1. Upon a first conviction for a violation of the provisions of s. 316.193, except a violation resulting in death, the driver license or driving privilege shall be revoked for at least 180 days but not more than 1 year. 2. Upon a second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for a violation of the provisions of s. 316.193 or former s. 316.1931 or a combination of such sections, the driver license or driving privilege shall be revoked for at least 5 years. | Florida law, Fla. Stat. § 322.28(2)(a) | 7 Oct 2026 |
| Idaho | A second DUI conviction within 10 years brings a mandatory jail sentence from 10 days to one year, a fine of up to $2,000, and a mandatory license suspension of one year. | July 2026 Idaho Driver's Handbook, p.132 | 14 Sep 2026 |
| Illinois | A second Illinois DUI conviction within 20 years results in a revocation of at least five years. | Illinois Rules of the Road 2026, p.50 | 14 Sep 2026 |
| Maine | For purposes of this chapter, a prior conviction or action has occurred within the 10-year period if the date of the action or the date the sentence is imposed is 10 years or less from the date of the new conduct. | Maine law, 29-A M.R.S. § 2402 | 8 Oct 2026 |
| Maryland | 2. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both. (iv) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a violation of this paragraph, shall be considered a prior conviction. (2) (i) A person may not violate paragraph (1) of this subsection while transporting a minor. (ii) A person convicted of a violation of this paragraph is subject to: | Maryland law, Md. Code, Transp. § 21-902(a)(1)–(2) | 6 Oct 2026 |
| Minnesota | (1) a qualified prior impaired driving incident within the ten years immediately preceding the current offense; | Minnesota law, Minn. Stat. § 169A.03, subd. 3(1) | 8 Oct 2026 |
| Nebraska | (a) Prior conviction means a conviction for a violation committed within the fifteen-year period prior to the offense for which the sentence is being imposed as follows: | Nebraska law, Neb. Rev. Stat. § 60-6,197.02(1)(a) | 8 Oct 2026 |
| Nevada | 2. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section: | Nevada law, NRS 484C.400(2) | 8 Oct 2026 |
| New Jersey | A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against the person in order to render the person liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. | New Jersey law, N.J. Stat. Ann. § 39:4-50(a)(3) | 8 Oct 2026 |
| New Mexico | Any DWI conviction stays on your New Mexico driving record for 25 years. | New Mexico Driver Manual, p.29 | 4 Oct 2026 |
| New York | (3) 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; prior offense. One year, where the holder is convicted of a violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of this article committed within ten years of a conviction for a violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of this article. Eighteen months, where the holder is convicted of a violation of subdivision two-a of section eleven hundred ninety-two of this article committed within ten years of a conviction for a violation of subdivision two, two-a, three, four or four-a of section eleven hundred ninety-two of this article; or where the holder is convicted of a violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of this article committed within ten years of a conviction for a violation of subdivision two-a of section eleven hundred ninety-two of this article. | New York law, N.Y. Veh. & Traf. Law § 1193(2)(3) | 8 Oct 2026 |
| North Carolina | (1) A prior conviction for an offense involving impaired driving if: a. The conviction occurred within seven years before the date of the offense for which the defendant is being sentenced; or b. The conviction occurs after the date of the offense for which the defendant is presently being sentenced, but prior to or contemporaneously with the present sentencing; or c. The conviction occurred in district court; the case was appealed to superior court; the appeal has been withdrawn, or the case has been remanded back to district court; and a new sentencing hearing has not been held pursuant to G.S. 20-38.7. Each prior conviction is a separate grossly aggravating factor. | North Carolina law, N.C. Gen. Stat. § 20-179(c)(1) | 8 Oct 2026 |
| North Dakota | A second conviction within 7 years carries a $1,000 fine, 10 days in jail and at least 12 months in the 24/7 Sobriety Program as a mandatory condition of probation. | North Dakota Noncommercial Driver License Manual, p.36 | 14 Sep 2026 |
| Ohio | (a) The person is arrested for a violation of division (A) of section 4511.19 of the Revised Code or of a municipal OVI ordinance and, within ten years of the alleged violation, the person previously has been convicted of or pleaded guilty to one or more violations of division (A) of section 4511.19 of the Revised Code or one or more other equivalent offenses. | Ohio law, Ohio Rev. Code § 4511.195(B)(1) | 8 Oct 2026 |
| Oklahoma | After a DUI conviction, the license is suspended for 1 year if there was a prior DUI or drug-related revocation within 10 years. | Oklahoma Driver Manual, p.66 | 14 Sep 2026 |
| Rhode Island | (2)(i) Every person convicted of a second violation within a ten-year (10) period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or who has a blood presence of any controlled substance as defined in chapter 28 of title 21, and every person convicted of a second violation within a ten-year (10) period, regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person’s driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days, nor more than one year, in jail. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans’ Administration and shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8. | Rhode Island law, R.I. Gen. Laws § 31-27-2(d)(2) | 8 Oct 2026 |
| South Carolina | (D) For the purposes of this section, a conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of a law or ordinance of this or another state or a municipality of this or another state that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including, but not limited to, this section, or prohibits a person from driving a motor vehicle with an unlawful alcohol concentration, including, but not limited to, Section 56-5-2933, constitutes a prior offense of this section. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section. | South Carolina law, S.C. Code Ann. § 56-5-2930(D) | 8 Oct 2026 |
| Utah | (iv) has one prior conviction within 10 years of: (A) the current conviction under Subsection (1); or (B) the commission of the offense upon which the current conviction is based. | Utah law, Utah Code § 41-6a-502(2)(b) | 8 Oct 2026 |
| Virginia | A. The Commissioner shall forthwith revoke and not thereafter reissue for three years the driver's license of any person on receiving a record of the conviction of any person who (i) is adjudged to be a second offender in violation of the provisions of subsection A of § 46.2-341.24 (driving a commercial motor vehicle under the influence of drugs or intoxicants), or § 18.2-266 (driving under the influence of drugs or intoxicants), if the subsequent violation occurred within 10 years of the prior violation, or (ii) is convicted of any two or more offenses of § 18.2-272 (driving while the driver's license has been forfeited for a conviction under § 18.2-266) if the second or subsequent violation occurred within 10 years of the prior offense. However, if the Commissioner has received a copy of a court order authorizing issuance of a restricted license as provided in subsection E of § 18.2-271.1, he shall proceed as provided in the order of the court. For the purposes of this subsection, an offense in violation of a valid local ordinance, or law of any other jurisdiction, which ordinance or law is substantially similar to any provision of Virginia law herein shall be considered an offense in violation of such provision of Virginia law. Additionally, in no event shall the Commissioner reinstate the driver's license of any person convicted of a violation of § 18.2-266, or of a substantially similar valid local ordinance or law of another jurisdiction, until receipt of notification that such person has successfully completed an alcohol safety action program if such person was required by court order to do so unless the requirement for completion of the program has been waived by the court for good cause shown. A conviction includes a finding of not innocent in the case of a juvenile. | Virginia law, Va. Code Ann. § 46.2-391(A) | 8 Oct 2026 |
| Washington | (2) One prior offense in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within seven years shall be punished as follows: | Washington law, RCW 46.61.5055(2) | 8 Oct 2026 |
| West Virginia | (1) Any conviction under the provisions of subsection (b), (c), (d), (e), (f), (g), (h), or (i) of this section, or under a prior enactment of this section, for an offense which occurred within the 10-year period immediately preceding the date of arrest in the current proceeding; | West Virginia law, W. Va. Code § 17C-5-2(n)(1) | 9 Oct 2026 |
| Wyoming | Wyoming counts DWUI offenses within the previous 10 years, and a first DWUI conviction brings a 90-day suspension. | Wyoming Rules of the Road Driver License Manual, p.20 | 14 Sep 2026 |
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