Fine, jail, license and interlock ranges for a 1st, 2nd or 3rd DUI in all 50 states and DC — straight from each state’s statute.
DUI Penalty Calculator
Pick a state and an offense level to see the penalty range the law allows for a standard DUI conviction — an adult driver, alcohol only, no injuries, no child passenger and no test refusal. Real sentences depend on the facts of the case; this shows the ranges a judge is working within.
General information only — not legal advice, and not a prediction of any case. These are the base statutory ranges for a standard case. Court costs, surcharges and program fees are extra and can exceed the fine itself. A higher BAC, a refusal, a child passenger, an accident or priors outside the lookback window can all raise the penalties sharply. If you are facing a DUI charge, talk to a DUI attorney in your state.
General information drawn from state statutes — not legal advice and not a prediction of any case. Standard case only: a high BAC, a refusal, an accident or a child passenger can raise penalties far above these ranges.
How to read these ranges
Every figure is a range because the statute gives the judge a range: a minimum the law requires and a maximum it allows. Where a state sets “no mandatory minimum” jail for a first offense, probation with no time served is legally possible — not promised. Fines are the base statutory fines only: court costs, surcharges and program fees come on top, and in states like Utah (a surcharge of about 90%) and Texas (a separate $3,000 state fine on a first conviction) the add-ons can exceed the fine itself. License figures are the suspension or revocation that follows a conviction; the administrative suspension for failing or refusing the chemical test runs on its own track (see the FAQ below).
Why the offense count matters
Almost every state counts prior DUIs inside a lookback window — commonly 5, 7 or 10 years, and lifetime in a few — and each new conviction inside that window climbs the ladder: fines multiply, mandatory jail appears, and a third offense is a felony in many states. Each result in the calculator notes the state’s own lookback period, because a “second offense” in a 5-year-window state may be sentenced as a first offense in a 10-year one.
DUI law is state law, and it changes — legislatures adjust fines, lookbacks and interlock rules regularly. We built this calculator from the current statute text of all 50 states and DC, and each result names the law it comes from so you can check it yourself. Use it to understand the landscape; use a local DUI attorney for decisions.
DUI penalty questions, answered
Is this what I will actually get if I am convicted?
No — and no honest calculator can tell you that. This tool shows the penalty range the statute allows for a standard case. Where you land inside the range (or outside it, with enhancements) depends on your BAC, your record, the county, the judge and facts like an accident or a child in the car. Treat the numbers as the size of the problem, not a prediction, and talk to a DUI attorney in your state for anything about your own case.
Do these fines include court costs and fees?
No. The ranges are base statutory fines only, and the add-ons are often bigger than the fine: Utah adds a surcharge of about 90%, South Carolina’s assessments add about 107.5%, Texas adds a separate $3,000 state fine to a first conviction, and Wisconsin adds roughly $778 in fees to a forfeiture of $150–$300. Interlock lease, reinstatement, evaluation and program fees are charged on top again.
What happens to my license if I refuse the breath or blood test?
Usually more than if you fail it. Every state has an implied-consent law, so refusing triggers an administrative suspension on its own track, before any conviction: about one year for a first refusal in most states (18 months in Utah), against roughly 90 days to 6 months for a failed test. In a few states, refusal is also a separate offense. The calculator’s license figures are the conviction penalties; the administrative clock runs separately.
Does a high BAC change the penalties?
Yes, sharply, in almost every state. Most states add an enhanced tier at 0.15% (Arizona calls 0.15 “extreme DUI” and 0.20 “super extreme”, with mandatory jail measured in weeks). This calculator uses the standard tier — roughly 0.08 to 0.14 — and each state’s result notes its enhancement threshold, so you can see where the line is.
Can a first DUI really mean no jail at all?
In some states, yes. Wisconsin treats a first offense as a civil forfeiture, not a crime — a fine and a license revocation, no jail. Several other states set no mandatory minimum jail for a first offense, which means probation with no time served is legally possible, though judges do not have to be that lenient. By the second and third offense, mandatory jail appears almost everywhere.
Keep reading on Police Pathfinder
- BAC Calculator — estimate your blood alcohol level before you ever drive
- Can you refuse a police breathalyzer test? — what refusal really costs
- Can you refuse a field sobriety test? — a different question, with a different answer
- Your rights during a DUI checkpoint — what officers can and cannot do