First offense
First offense DUI: protect your license before the deadline
You were arrested for DUI for the first time, and your license notice has a deadline counted in days. Miss it, and the suspension can start before your court date.
Answered 24/7 by a professional who reviews your first DUI for free and connects you with a DUI defense lawyer for your state.
What usually happens
Three things happen to almost everyone with a first DUI. A fine is set inside the state's range. The license is suspended for a period. A class or program must be finished before the license comes back.
Probation is common, often for a year. Jail depends on the state and the BAC. Some states add an ignition interlock, a breath test wired to the car, even for a first offense.
In Columbus, a first offender with no record faces a fine of $565 to $1,075. Ohio also requires 3 days in jail or a driver intervention program (Ohio Revised Code 4511.19). The license is often taken at the roadside.
The range by state
Example: first-offense fine in Arizona
$250 base fine
These are only ranges, so call to talk through where a Arizona case like yours tends to land.
Call about Arizona (877) 317-9931 Jail: minimum 24 hours to 10 days. License: 90 days to 1 year. A prior, a high BAC or a crash moves you up. Open the Arizona page.Jail and license for a first offense
Compare first-offense ranges in the 27 states with a listed fine or jail term
| State | Fine | Jail |
|---|---|---|
| Alabama | $600 to $2,100 | not listed |
| Arizona | $250 base fine | minimum 24 hours to 10 days |
| California | $390 to $1,000 plus penalty assessments | 96 hours to 6 months without probation; 48 hours (optional) to 6 months with 3 to 5 years of probation |
| Colorado | $600 to $1,000 for a first DUI; $200 to $500 for a first DWAI | 5 days to 1 year for a first DUI; 2 to 180 days for a first DWAI |
| Florida | $500 to $1,000; $1,000 to $2,000 if BAL was .15 or higher or a minor was in the car | not more than six months; not more than nine months at .15 or with a minor |
| Georgia | $300 to $1,000 | not listed |
| Illinois | up to $2,500 | possible imprisonment up to one year |
| Iowa | not listed | 48 hours to 1 year |
| Kansas | $750 to $1,000 | not listed |
| Louisiana | $300 to $1,000 | not listed |
| Maryland | up to $1,200 | not listed |
| Massachusetts | $500 to $5,000 | up to 2½ years |
| Michigan | up to $500 (BAC below .17) | up to 93 days (BAC below .17) |
| Nevada | $400 to $1,000 | 2 days to 6 months, or 48 to 96 hours of community service |
| New Hampshire | at least $500 | not listed |
| New Jersey | $250 to $400 at the lower BAC band | not listed |
| New York | $500 to $1,000 for DWI | up to 1 year for DWI |
| North Carolina | up to $200 at Level Five | 24 hours to 60 days at Level Five, which can be suspended |
| North Dakota | at least $500 | not listed |
| Ohio | $565 to $1,075 | 3 days in a row, or a driver intervention program |
| Oregon | at least $1,000 | not listed |
| Pennsylvania | $300 | none set for the lowest tier; up to 6 months of probation |
| Rhode Island | $100 to $300 at the lowest BAC tier | not listed |
| Texas | up to $2,000 | up to 180 days, with 3 mandatory days |
| Vermont | up to $750 | not listed |
| Virginia | at least $250 | 5 more days at a BAC of 0.15 to 0.20; 10 above 0.20 |
| Washington | not listed | 24 consecutive hours to 364 days (or 15 days of home monitoring) |
Each figure comes from the state's own page or statute, linked on its state page. For 23 more states, see the state page.
What makes it worse
A high BAC raises the floor. Illinois adds a $500 minimum fine and 100 hours of community service at .160 or more (Illinois State Police). Virginia adds 5 days of jail at 0.15 and 10 days above 0.20.
A child in the car adds time almost everywhere. In Virginia, a passenger 17 or younger adds $500 to $1,000 and 5 more days (Code of Virginia 18.2-270). A crash or an injury can turn the charge into a felony; see DUI with an accident.
What a lawyer changes
A lawyer cannot change the law, but can test the evidence behind it. Was the stop legal? Was the breath machine checked? Was the blood sample handled right? A weak point can mean a lower charge, such as a wet reckless in states that allow it.
The lawyer can also ask for the license hearing on time. A shorter suspension or a lower charge is real money, since NHTSA puts the total cost of a first offense at upwards of $10,000 (NHTSA).
Questions people ask
Is a first offense DUI a misdemeanor?
In most states, yes. Illinois calls it a Class A misdemeanor and Virginia a Class 1 misdemeanor. New Jersey treats a first DUI as a traffic offense heard in municipal court.
Do you go to jail for a first time DUI?
In some states. Arizona sets at least 24 hours and Ohio 3 consecutive days. Michigan and Illinois set only a maximum, so the judge decides.
How much is a first time DUI?
The court fine is only part of it. Fees, a class, insurance and an interlock add more, and a lawyer's fee is separate.
Will I lose my license for a first DUI?
Almost always, for some time. Florida's revocation runs 180 days to one year, and Virginia's runs one year after conviction. Many states let you drive with an interlock during part of it.
Read next: DUI penalties by state · The DMV hearing · What a DUI lawyer costs
What to do now
Your first offense DUI is not decided yet, but the license deadline is already running. Miss it, and you can lose your license before a judge hears your side. Call now so a DUI defense lawyer can file your license hearing request before the deadline passes.
Review my first DUI (877) 317-9931
Answered 24/7 by a professional who reviews your first DUI for free and connects you with a DUI defense lawyer for your state.
Send your case details
Send your arrest state, the date on your license notice and the charge on your citation. With those details in hand, the professional can start on your deadline and your defense as soon as you talk.