DUI Penalty Calculator — All
50 States

In all 50 states, the legal blood alcohol content (BAC) limit for non-commercial drivers 21 and older is 0.08%. Commercial drivers face a stricter limit of 0.04%. Drivers under 21 are subject to zero-tolerance laws — most states set the limit at 0.02% or lower. Some states have aggravated DUI thresholds at 0.15% or 0.16% BAC, which carry enhanced penalties including mandatory minimum jail time.

Jail is possible but not always mandatory for a first DUI. About 12 states impose a mandatory minimum jail sentence for first offenses (ranging from 24 hours to 10 days). Most states allow alternatives like electronic monitoring, alcohol education programs, or community service in lieu of jail. However, a DUI with aggravating factors — high BAC, a child passenger, an accident, or injury — significantly increases the likelihood of incarceration.

A DUI conviction typically stays on your driving record for 3–10 years depending on the state, affecting your insurance rates throughout. For criminal background checks, a DUI misdemeanor stays on your record indefinitely unless expunged. Felony DUI convictions are essentially permanent. Most states have a 'lookback period' of 5–10 years that determines whether a new DUI is treated as a second offense with enhanced penalties.

Some states allow expungement of first-offense DUI misdemeanors after a waiting period and completion of probation — including California, Florida, and Illinois. Others, like Nevada and Washington, prohibit DUI expungement entirely. Even when expungement is granted, the record may still appear in DMV records and be considered in future DUI cases. A DUI expungement generally removes the conviction from public criminal records but not from law enforcement databases.

Implied consent laws mean that by driving on public roads, you automatically consent to chemical testing (breath, blood, or urine) if a law enforcement officer suspects DUI. Refusing to take a BAC test triggers automatic license suspension in every state — typically 6 months to 1 year for a first refusal, longer for repeat refusals. In some states, refusal is itself a criminal offense. Unlike criminal charges, implied consent suspensions are administrative and handled through the DMV, not the courts.