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DUI lookback period: how long an old DUI counts against you
An old DUI can turn a new arrest into a second offense, but only inside your state’s lookback period. Outside it, the new case is treated as a first.
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What the DUI lookback period is
The lookback period, also called the washout period, is how far back a state looks for an earlier DUI. Inside it, a new arrest is charged as a second or third offense, with longer jail, a longer suspension and often a required interlock. Outside it, the new case is treated as a first.
DUI lookback period by state
Among the states with a set number, the window runs from 5 years in Mississippi to 20 years in Vermont. 4 count a prior DUI for life. A cell that says not found means we did not locate an official source for it.
| State | Lookback | How it works | Source |
|---|---|---|---|
| Alabama | 10 years | A prior DUI conviction within 10 years of the current offense counts for sentencing. | alison.legislature.state.al.us |
| Alaska | 15 years | A prior conviction within the 15 years before the current offense makes it a repeat offense. | akleg.gov |
| Arizona | 7 years | A prior DUI within 84 months (7 years) makes it a second offense. | azleg.gov |
| Arkansas | 10 years | Jail enhancement counts prior DWIs within 10 years (5-65-111). Fine enhancement (5-65-112) and the administrative suspension (5-65-104) use a 5 year window. A sixth offense within 20 years is a Class B felony. | web.archive.org |
| California | 10 years | A DUI within 10 years of a prior DUI, wet reckless (23103.5) or DUI injury conviction is punished as a second offense. | web.archive.org |
| Colorado | not found | ||
| Connecticut | not found | ||
| Delaware | not found | ||
| District of Columbia | not found | ||
| Florida | not found | ||
| Georgia | not found | ||
| Hawaii | 10 years | Criminal repeat-offense tier and administrative revocation tiers both count priors within ten years. | web.archive.org |
| Idaho | 10 years | Second offense within ten years is enhanced. | legislature.idaho.gov |
| Illinois | Lifetime | Criminal second-offense penalties apply to any prior violation with no time limit; ISP notes the 5-year license loss applies to a second conviction within 20 years. | ilga.gov |
| Indiana | 7 years | A prior OWI conviction within seven years makes a new OWI a Level 6 felony. | web.archive.org |
| Iowa | 12 years | Priors deleted from the driving record are not counted, and 321J.2 convictions or revocations are deleted twelve years after conviction or revocation. | legis.iowa.gov |
| Kansas | Lifetime | For counting prior offenses, convictions or diversions on or after July 1, 2001 are counted with no fixed window; a third offense becomes a felony if a prior conviction occurred within the preceding 10 years. | kslegislature.gov |
| Kentucky | 10 years | Offense levels for penalties and license suspensions are counted within a ten year period measured from the offense dates. | apps.legislature.ky.gov |
| Louisiana | 10 years | Prior impaired driving convictions committed more than ten years before the current offense are not counted, though time spent in custody, on probation or parole extends the window. | legis.la.gov |
| Maine | 10 years | Penalty tiers count previous OUI offenses within a 10-year period. | legislature.maine.gov |
| Maryland | not found | ||
| Massachusetts | Lifetime | The RMV counts the driver’s entire OUI history, including out-of-state convictions and alcohol program assignments. | mass.gov |
| Michigan | 7 years | A prior conviction within 7 years makes it a second offense; a third offense counts priors regardless of how many years have passed. | legislature.mi.gov |
| Minnesota | 10 years | Criminal enhancement uses a qualified prior impaired driving incident within 10 years. License revocation periods under 171.178 look back 20 years. | revisor.mn.gov |
| Mississippi | 5 years | Second and third offenses count convictions for offenses committed within a 5 year period. | driverservicebureau.dps.ms.gov |
| Missouri | 5 years | A prior offender has one intoxication-related traffic offense within 5 years. Persistent and aggravated offender tiers are not limited to 5 years. | revisor.mo.gov |
| Montana | 10 years | 10 year lookback for a second DUI; for a third or subsequent DUI all prior convictions count (lifetime). | dojmt.gov |
| Nebraska | 15 years | A prior conviction counts for sentencing if committed within the 15 years before the current offense; ALR also looks back 15 years. | nebraskalegislature.gov |
| Nevada | 7 years | Offenses are counted within 7 years for second and third offense enhancement. | web.archive.org |
| New Hampshire | not found | ||
| New Jersey | not found | ||
| New Mexico | not found | ||
| New York | 10 years | A second DWI within 10 years is a class E felony and brings a minimum 18-month revocation; some enhancements use 15 and 25 year windows. | dmv.ny.gov |
| North Carolina | not found | ||
| North Dakota | 7 years | 7 years for second and third offense enhancement; a fourth offense within 15 years is a class C felony. | ndlegis.gov |
| Ohio | not found | ||
| Oklahoma | 10 years | A second DUI is a felony if committed within 10 years after completion of the sentence or deferred judgment for the prior offense. License revocation periods also use a 10-year window. | oklegislature.gov |
| Oregon | not found | ||
| Pennsylvania | not found | ||
| Rhode Island | not found | ||
| South Carolina | not found | ||
| South Dakota | 10 years | Prior convictions more than ten years before the current violation do not count, with an exception under 32-23-4.9. | sdlegislature.gov |
| Tennessee | not found | ||
| Texas | Lifetime | Penal Code 49.09 enhances on any prior intoxication conviction with no time limit. The ALR suspension length uses a separate 10-year window. | tcss.legis.texas.gov |
| Utah | not found | ||
| Vermont | 20 years | A second offense is a prior conviction within the last 20 years. A third or later offense counts all prior convictions as long as at least one is within 20 years. | legislature.vermont.gov |
| Virginia | 10 years | A second offense within 10 years of a prior raises the mandatory fine and jail (higher if within 5 years); three offenses within 10 years is a Class 6 felony. | law.lis.virginia.gov |
| Washington | 7 years | Misdemeanor DUI penalties and license sanctions step up based on prior offenses within 7 years; DUI becomes a class B felony with three or more prior offenses within 15 years (RCW 46.61.502(6)). | app.leg.wa.gov |
| West Virginia | not found | ||
| Wisconsin | not found | ||
| Wyoming | not found |
States that count a prior DUI for life
Illinois, Kansas, Massachusetts and Texashave no time limit in the table: any earlier DUI counts. Some states use one window for the criminal charge and another for the license, so the court and the driver agency can count your record differently.
When an old DUI is near the edge
If an old DUI is close to the edge of the window, the exact dates matter: the old arrest or conviction, and the new arrest. A lawyer checks which date your state counts from. The second offense page shows what changes when a prior counts.
People also ask
How long does a DUI stay on your record?
On your criminal record, usually for good unless it is sealed or expunged. The lookback period is different: it is how long an old DUI makes a new one count as a second offense.
What is the DUI lookback period?
It runs from 5 years in Mississippi to 20 years in Vermont among the states with a set number in the table, and 4 count a prior for life.
Does an out-of-state DUI count?
Usually, yes. Most states count a DUI from another state as a prior when it falls inside their lookback period.
Read next: Second offense DUI · Felony DUI · DUI expungement
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