The Complete US Guide to DUI Laws, Penalties & Recovery

How DUI Law Works in the United States

Driving under the influence is prosecuted at the state level, so there is no single national DUI statute. Every state and the District of Columbia sets a per se limit of 0.08% blood alcohol concentration for adult non-commercial drivers, except Utah, which lowered its limit to 0.05% in 2018. Federal regulation reaches drivers indirectly: 49 CFR §383.51 sets a 0.04% limit for commercial drivers and disqualifies a CDL for at least one year after a first alcohol offense, even when the offense happens in a personal vehicle. Every state also enforces a zero-tolerance rule for drivers under 21, usually at 0.01% or 0.02%.

A DUI arrest opens two separate cases that run on different clocks. The criminal case proceeds through arraignment, discovery, pre-trial motions, and either a plea or trial. The administrative case is handled by the state driver-licensing agency and usually suspends the license automatically unless a hearing is requested within a short window — commonly 10 days from the arrest date, and up to 30 days in a handful of states. The two tracks use different standards of proof, which is why a license can be suspended even when the criminal charge is later reduced or dismissed.

What Determines the Penalty

Most states use a tiered sentencing structure driven by four variables: the number of prior offenses inside the statutory lookback period, the measured BAC, whether a chemical test was refused, and whether aggravating facts were present — a crash causing injury, a child passenger, or driving on an already-suspended license. A first offense is generally a misdemeanor carrying fines, a license suspension, mandatory alcohol education, and in most states an ignition interlock device. Third and subsequent offenses are charged as felonies in the majority of states, with prison exposure measured in years rather than days.

The total financial cost extends well past the court fine. Reinstatement requires completing a state-approved education or treatment program, installing and maintaining an interlock device, filing SR-22 (or FR-44 in Florida and Virginia) proof of financial responsibility with the state, and paying agency reinstatement fees. Because those requirements are sequential, missing one step — a lapsed SR-22, a skipped interlock calibration — can extend a suspension by months.

How to Use This Site

Each state page summarizes that state's BAC thresholds, offense tiers, lookback period, interlock rules, and license timelines, with links to the official state code, the licensing agency, and the trial court that hears the case. County and city pages narrow the same material to the court and agency that actually handle a local arrest. Topic guides cover the subjects that cut across every state: the legal process, penalties, license reinstatement, SR-22 insurance, ignition interlock devices, expungement, and treatment programs.

Where a page states a number, we cite the agency or study it came from. Where a commonly repeated statistic has no verifiable public source — national DUI dismissal rates are the usual example, since case outcomes are recorded county by county and never aggregated federally — we say so instead of quoting a figure.

Who Publishes This Site

DUIGuide.us is published by an independent editorial team of researchers and writers. We are not attorneys, we do not provide legal advice, and reading this site does not create an attorney-client relationship. Our role is to compile and plainly explain what official sources already say, and to link you directly to those sources so you can verify them. Read our editorial policy, meet the editorial team, or review the full legal disclaimer.

Never drive after drinking or using impairing substances. If you or someone else needs help with alcohol use, SAMHSA's free, confidential National Helpline is available 24/7 at 1-800-662-4357.