First-Offense DUI: What to Expect
A first DUI is a serious charge, but for most people it's a misdemeanor with a fairly predictable set of consequences. The exact penalties depend heavily on your state and the circumstances (like your BAC or whether anyone was hurt). Here's the general picture of a first offense.
Usually a misdemeanor
In most states a first DUI without aggravating factors is charged as a misdemeanor. It can be elevated — to a felony — by factors like a very high BAC, an accident causing injury, or having a child in the vehicle. What counts as an aggravating factor is defined by state law.
Common consequences
A first offense typically brings some combination of fines, a license suspension, probation, a mandatory DUI education or alcohol-treatment program, and possibly an ignition interlock device. Jail is possible but for a first misdemeanor offense is often short or suspended. Exact amounts and durations are set by your state.
The two tracks still apply
As with any DUI, you face both an administrative license case through the DMV and a criminal case in court, on separate timelines. Even a first offender can lose their license through the DMV process before the criminal case is resolved.
Diversion and its ripple effects
Some states offer diversion or deferred-judgment programs that let eligible first-time offenders avoid a conviction by completing requirements. Separately, expect a significant car-insurance increase and, in many states, an SR-22 filing. Whether diversion is available depends on your state and situation.
Find your state’s penalties
Fines, jail, license suspension, and interlock rules are all set state by state — the general rules above only get you so far.
Or try the penalty estimator to filter by offense number and BAC.
Frequently asked questions
Is a first DUI a felony?
Usually not — a first DUI without aggravating factors is typically a misdemeanor. It can become a felony in cases involving injury, a very high BAC, a child passenger, or other factors defined by state law.
Will I go to jail for a first DUI?
For a first misdemeanor DUI, jail time is possible but is often short or suspended in favor of probation, fines, and education programs. Some states do impose a mandatory minimum. It depends on your state and the circumstances — see your state's page for the specifics.
How much does a first DUI cost?
Beyond court fines, expect costs for a DUI education program, license reinstatement, an ignition interlock in many states, higher insurance premiums, and often attorney fees. The total varies widely by state and situation.