Drunk driving, first offence: penalties in each state and country
Driving while impaired by alcohol or drugs, with no earlier conviction and no injury to anyone.
What to look for: First offences are usually misdemeanors, but several states set a minimum jail term, a minimum fine and a licence suspension.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
34 states covered so far
Alabama
Up to one year in jail, a fine of $600 to $2,100, or both; licence suspended for 90 days
Show the degrees and the statutes
Driving or being in actual physical control of a vehicle under the influence, first conviction (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year in the county jail or at hard labour for the county
- Fine
- $600 to $2,100, or both a fine and imprisonment
On a first conviction the licence is suspended for 90 days. The suspension is stayed if the offender has an approved ignition interlock device installed and operating for 90 days.
Alaska
A Class A misdemeanor: at least 72 consecutive hours in jail and a fine of at least $1,500 (up to 1 year and $25,000)
Show the degrees and the statutes
Operating a vehicle, aircraft or watercraft while under the influence, first conviction (Class A misdemeanor)
- Least
- 72 consecutive hours
- Most
- 1 year
- Fine
- At least $1,500; up to $25,000
On a first conviction, the court must impose not less than 72 consecutive hours of imprisonment and a fine of not less than $1,500, and require an ignition interlock device for at least six months after the person regains the privilege to drive. Prior convictions raise the minimums (20 days and $3,000 for a second conviction, for example).
Arizona
At least 10 days in jail (nearly all can be suspended after treatment), up to 6 months, and a fine
Show the degrees and the statutes
Driving under the influence, first offence (Class 1 misdemeanor)
- Least
- At least 10 consecutive days in jail
- Most
- Up to 6 months in jail
- Fine
- Fine of at least $250, plus mandatory assessments
The judge may suspend all but one day of the jail term if the person completes a court-ordered alcohol or drug screening, education or treatment programme. A higher-alcohol offence (extreme DUI) carries stiffer terms under a different section.
California
At least 96 hours in jail, up to 6 months, and a fine
Show the degrees and the statutes
Driving under the influence, first offence (Misdemeanor)
- Least
- At least 96 hours in county jail (at least 48 of them continuous)
- Most
- Up to 6 months in county jail
- Fine
- Fine of $390 to $1,000, plus penalty assessments
Probation, a licence suspension and further requirements commonly follow (§ 23536(b)).
Colorado
5 days to 1 year in county jail (the minimum may be suspended), a fine of $600 to $1,000, and 48 to 96 hours of public service
Show the degrees and the statutes
Driving under the influence or DUI per se, first offence (Misdemeanor traffic offence)
- Least
- 5 days (the court may suspend the mandatory minimum if the offender completes an alcohol and drug programme)
- Most
- 1 year
- Fine
- $600 to $1,000
At least 48 and no more than 96 hours of public service are mandatory, and the court cannot suspend them. A blood alcohol of 0.20 or more brings a different range (§ 42-4-1307(3)(b)).
Connecticut
A fine of $500 to $1,000, up to 6 months in jail (48 consecutive hours not suspendable), and a licence suspension of 45 days
Show the degrees and the statutes
Operating a motor vehicle while under the influence, first violation (Misdemeanor)
- Least
- 48 consecutive hours (or probation with 100 hours of community service)
- Most
- 6 months
- Fine
- $500 to $1,000
The licence is suspended for 45 days, and an ignition interlock device must be installed on each vehicle owned or operated by the person as a condition of restoration and for one year after.
Delaware
A fine of $500 to $1,500 or up to 12 months in prison, or both
Show the degrees and the statutes
Driving a vehicle while under the influence, first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 12 months' imprisonment (the court may suspend it)
- Fine
- A fine of $500 to $1,500
Any period of imprisonment imposed for a first offence may be suspended. A second offence within 10 years carries a minimum of 60 days and up to 18 months in prison, and a fine of $750 to $2,500. Other penalties, such as licence revocation, also follow.
Florida
Up to 6 months in jail and a fine of $500 to $1,000
Show the degrees and the statutes
Driving under the influence, first conviction (Misdemeanor of the first degree)
- Least
- No minimum term set by the statute
- Most
- Up to 6 months in jail
- Fine
- Fine of $500 to $1,000
If the alcohol level was 0.15 or more, or a minor was in the vehicle, the fine is $1,000 to $2,000 and the jail term up to 9 months. The offence is a felony if it causes serious bodily injury, and a second-degree felony or higher if it causes death.
Idaho
A misdemeanor: up to 6 months in jail, a fine of up to $1,000, and a licence suspension
Show the degrees and the statutes
Driving under the influence (§ 18-8004(1)(a)), first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 6 months
- Fine
- Up to $1,000
The court must suspend the licence for 30 days with no driving privileges of any kind, followed by a further suspension of at least 60 and no more than 150 days.
Illinois
A Class A misdemeanor: less than 1 year
Show the degrees and the statutes
Driving under the influence, first offence (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Less than 1 year
A first violation with a blood alcohol of 0.16 or more carries a mandatory minimum of 100 hours of community service and a $500 fine. If a person under 16 was in the vehicle, the penalty is up to 6 months, a mandatory minimum fine of $1,000 and 25 days of community service.
Iowa
At least 48 hours in jail, up to 1 year, and a fine
Show the degrees and the statutes
Operating while intoxicated, first offence (Serious misdemeanor)
- Least
- At least 48 hours in county jail
- Most
- Up to 1 year
- Fine
- Fine of $1,250
At least 48 hours in county jail (not more than one year), a fine of $1,250 (the court may waive up to $625 in some cases), and licence revocation for 180 days up to one year. A second offence is an aggravated misdemeanor, and a third is a Class D felony.
Maine
A Class D crime (less than one year), with a minimum fine and licence suspension that cannot be suspended
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Operating under the influence (OUI), first offence within 10 years (Class D crime)
- Least
- No minimum term set by the statute
- Most
- Less than one year
- Fine
- A fine of not less than $500 (not less than $600 if a test was refused), and up to $2,000
Operating under the influence is a Class D crime and a strict-liability crime. A first offence within 10 years carries minimum penalties that the court may not suspend: a fine of not less than $500 ($600 if the person refused a test) and a 150-day licence suspension, with more for higher alcohol levels or repeat offences.
Maryland
Up to 1 year in jail or a fine of up to $1,200 (driving under the influence); up to 2 months or $500 (driving while impaired)
Show the degrees and the statutes
Driving while impaired by alcohol, first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 2 months in jail
- Fine
- Fine of up to $500
Driving under the influence of alcohol, first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in jail
- Fine
- Fine of up to $1,200 (the court may impose jail, a fine, or both)
Massachusetts
A fine of $500 to $5,000, or up to 2 and a half years in jail, or both
Show the degrees and the statutes
Operating a motor vehicle with a blood alcohol of 0.08 or more, or under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulants (Offence)
- Least
- No minimum term set by the statute
- Most
- 2 and a half years in jail
- Fine
- $500 to $5,000, or both
A conviction also leads to licence loss, which was not read in full.
Michigan
A misdemeanor: up to 93 days in jail, community service of up to 360 hours, and a fine of $100 to $500
Show the degrees and the statutes
Operating while intoxicated, first conviction (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 93 days
- Fine
- $100 to $500
The sentence may be one or more of community service for up to 360 hours, up to 93 days' imprisonment and the fine. The court has these options, and none of them is a required minimum.
Operating while intoxicated (OWI) under the Michigan Vehicle Code. These are the penalties for a first conviction. A violation within 7 years of a prior conviction carries a fine of $200 to $1,000 and either 5 days to 1 year in jail or 30 to 90 days of community service. Driving with a high blood alcohol level carries up to 180 days and a fine of $200 to $700.
Minnesota
A misdemeanor (up to 90 days) up to a gross misdemeanor (aggravated cases)
Show the degrees and the statutes
Driving while impaired in the fourth degree (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 90 days in jail
- Fine
- A fine of up to $1,000
The maximum is the general misdemeanor limit in § 609.02.
Driving while impaired in the third or second degree (Gross misdemeanor)
- Least
- Mandatory penalties apply in some cases (§ 169A.275)
- Most
- Less than one year in jail (a gross misdemeanor is a crime that is neither a felony nor a misdemeanor)
- Fine
- A fine of up to $3,000
Minnesota grades driving while impaired in four degrees. The ordinary first offence is fourth degree, a misdemeanor. A first offence with an aggravating factor can be a gross misdemeanor (second or third degree). The aggravating factors, such as a very high alcohol level or a child in the car, are in § 169A.03. Other penalties, such as licence revocation, also follow.
Missouri
A class B misdemeanor: up to 6 months and a fine of up to $1,000
Show the degrees and the statutes
Driving while intoxicated (Class B misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 6 months
- Fine
- Up to $1,000
Driving while intoxicated is a class B misdemeanor for a first offence. It is a class A misdemeanor for a prior offender or where a person under 17 is in the vehicle, a class E felony for a persistent offender, and a class D felony for an aggravated offender or where the defendant criminally negligently causes physical injury.
Montana
24 hours to 6 months in jail, and a fine of $600 to $1,000
Show the degrees and the statutes
Driving under the influence, first violation (Misdemeanor)
- Least
- 24 consecutive hours
- Most
- 6 months
- Fine
- $600 to $1,000
If one or more passengers under 16 were in the vehicle, the punishment is 48 consecutive hours to 1 year and a fine of $1,200 to $2,000.
Nebraska
A Class W misdemeanor: up to 60 days and a $500 fine, with a 7 day minimum
Show the degrees and the statutes
Driving under the influence, first conviction (Class W misdemeanor) (Class W misdemeanor)
- Least
- 7 days (mandatory minimum)
- Most
- 60 days
- Fine
- $500
A first conviction carries a maximum of 60 days' imprisonment and a $500 fine, and a mandatory minimum of 7 days' imprisonment and a $500 fine. The court must also revoke the operator's licence for six months, with an ignition interlock permit required during the revocation.
Nevada
A misdemeanor: 2 days to 6 months in jail (or 48 to 96 hours of community service), and a fine of $400 to $1,000
Show the degrees and the statutes
Driving under the influence, first offence within 7 years (Misdemeanor)
- Least
- 2 days (or 48 hours of community service)
- Most
- 6 months
- Fine
- $400 to $1,000
For a first offence within 7 years, the court must also order an alcohol-education course. The statute sets the alternatives of jail, residential confinement or community service, and the fine.
New Hampshire
A class B misdemeanor: a fine of at least $500 and a licence revocation of at least 9 months
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Driving or operating under the influence (RSA 265-A:2), first offence (Class B misdemeanor)
- Least
- No minimum term set by the statute
- Most
- No term of imprisonment is listed for a class B misdemeanor in RSA 651:2
- Fine
- At least $500 (a class B misdemeanor fine is capped at $1,200)
The licence is revoked for not less than 9 months, and the court must refer the person to an impaired driver intervention programme and require an impaired driver education programme.
New York
A fine of $500 to $1,000 or up to 1 year in jail, or both
Show the degrees and the statutes
Driving while intoxicated, first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in jail (a fine alone is also allowed)
- Fine
- Fine of $500 to $1,000
The court can impose a fine, imprisonment, or both. A licence revocation also follows. Higher penalties apply to aggravated DWI and to repeat offences.
North Carolina
Level 5: up to 60 days and $200; up to Aggravated Level One: 12 to 36 months and $10,000
Show the degrees and the statutes
Impaired driving, Level 5 punishment (Impaired driving)
- Least
- 24 hours (may be suspended)
- Most
- 60 days
- Fine
- Up to $200
Impaired driving, Level One punishment (Impaired driving)
- Least
- 30 days
- Most
- 24 months
- Fine
- Up to $4,000
Impaired driving, Aggravated Level One punishment (three or more grossly aggravating factors) (Impaired driving)
- Least
- 12 months
- Most
- 36 months
- Fine
- Up to $10,000
North Carolina grades impaired driving into Level 5 (the lightest), Level 4, 3, 2, 1 and Aggravated Level 1, by the aggravating and mitigating factors that the court finds, and not by the number of prior convictions. The lightest, Level 5, carries a fine of up to $200 and a term of imprisonment of at least 24 hours and at most 60 days, which may be suspended. Level 1 carries a fine of up to $4,000 and a minimum of 30 days and a maximum of 24 months. Aggravated Level 1 carries a fine of up to $10,000 and a minimum of 12 months and a maximum of 36 months, without parole. Levels 2 to 4 sit in between and were not read in full.
North Dakota
A class B misdemeanor (up to 30 days and a fine of up to $1,500), with a fine of at least $500
Show the degrees and the statutes
Driving under the influence, first offence (Class B misdemeanor)
- Least
- No minimum (at least 2 days for an aggravated first offence)
- Most
- 30 days
- Fine
- A fine of at least $500 (at least $750 for an aggravated first offence), and up to $1,500
A first or second offence in seven years is a class B misdemeanor, a third offence in seven years is a class A misdemeanor, and a fourth or later offence in fifteen years is a class C felony. For a first offence the sentence must include a fine of at least $500 and an order for addiction evaluation. For a first offence with a high alcohol concentration (an 'aggravated first offense'), the sentence must include a fine of at least $750 and at least two days' imprisonment.
Ohio
A misdemeanor of the first degree: a mandatory 3 days in jail (or an intervention programme), up to 6 months, a fine of $565 to $1,075, and a licence suspension of 1 to 3 years
Show the degrees and the statutes
Operating a vehicle while under the influence of alcohol or drugs (OVI), first offence (Misdemeanor of the first degree)
- Least
- 3 consecutive days (72 hours) in jail, or a driver intervention programme
- Most
- 6 months
- Fine
- $565 to $1,075
The court must also suspend the driver's licence for one to three years.
Pennsylvania
At least 6 months' probation and a $300 fine (lowest blood alcohol level); at least 48 hours in jail and $500 to $5,000 (middle level)
Show the degrees and the statutes
DUI, general impairment (0.08 to under 0.10), first offence (Ungraded misdemeanor)
- Least
- 6 months' probation (mandatory minimum)
- Most
- Maximum set in 75 Pa.C.S. § 3803 (not read)
- Fine
- $300
DUI, high rate of alcohol (0.10 to under 0.16), first offence (Ungraded misdemeanor)
- Least
- 48 consecutive hours in jail (mandatory minimum)
- Most
- Maximum set in 75 Pa.C.S. § 3803 (not read)
- Fine
- $500 to $5,000
Pennsylvania grades DUI by blood alcohol level. For a first offence at the general impairment level (0.08 to under 0.10), the sentence is a mandatory minimum of six months' probation, a $300 fine, an alcohol highway safety school and treatment (75 Pa.C.S. § 3804(a)(1)). At a blood alcohol of 0.10 to under 0.16 the first offence carries imprisonment of at least 48 consecutive hours and a fine of $500 to $5,000 (§ 3804(b)(1)). The highest tier was not read. The maximum term for a first offence is set in § 3803, which was not read.
Rhode Island
A fine of $100 to $300, 10 to 60 hours of community restitution and/or up to 1 year in prison (blood alcohol 0.08 to under 0.10); licence suspension of 30 to 180 days
Show the degrees and the statutes
Driving under the influence, first violation, blood alcohol of 0.08 percent but less than 0.1 percent (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- $100 to $300
The sentence may include 10 to 60 hours of public community restitution, imprisonment of up to one year, and a special course on driving while intoxicated. The licence is suspended for 30 to 180 days.
Higher blood alcohol levels carry heavier penalties in the same section, which were not read in full.
South Carolina
A fine of $400 or 48 hours to 30 days (first offence), with higher penalties at higher alcohol levels
Show the degrees and the statutes
Driving under the influence, first offence (Misdemeanor)
- Least
- 48 hours (the court may substitute 48 hours of public service)
- Most
- 30 days
- Fine
- A fine of $400
The section also sets higher penalties for a first offence at higher alcohol concentrations (for example a fine of $500 or 72 hours to 30 days from 0.10 to under 0.16). A court may allow public service in place of the 48-hour minimum.
South Dakota
A Class 1 misdemeanor (up to one year, or a $2,000 fine, or both), and licence revocation of at least 30 days
Show the degrees and the statutes
Driving or being in actual physical control of a vehicle while prohibited, first offence (Class 1 misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year in county jail
- Fine
- A fine of $2,000, or both
A person may not drive or be in actual physical control of a vehicle with a blood alcohol of 0.08 percent or more by weight, or under the influence of an alcoholic beverage, marijuana or a controlled substance. A first offence is a Class 1 misdemeanor, and the court must revoke the driver's licence for not less than 30 days. The court may permit limited driving for work, school and treatment, and may extend the revocation by up to one year.
Texas
At least 72 hours in jail, up to 180 days, and a fine up to $2,000
Show the degrees and the statutes
Driving while intoxicated, first offence (Class B misdemeanor)
- Least
- At least 72 hours of confinement
- Most
- Up to 180 days in jail
- Fine
- Fine of up to $2,000
A minimum of 72 hours in confinement (6 days if there was an open container). If the alcohol concentration was 0.15 or more, the offence is a Class A misdemeanor (up to 1 year; § 49.04(d)).
Vermont
A fine of up to $750, or up to 2 years in prison, or both
Show the degrees and the statutes
Driving under the influence, first offence (Offence)
- Least
- No minimum term set by the statute
- Most
- 2 years
- Fine
- Up to $750, or both
A conviction also leads to licence suspension, which was not read in full.
Virginia
Up to 12 months in jail, a fine of at least $250, and higher minimums at higher alcohol levels
Show the degrees and the statutes
Driving under the influence, first offence (Class 1 misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 12 months in jail
- Fine
- Mandatory minimum fine of $250; up to $2,500
Higher alcohol concentrations carry mandatory minimum jail terms. A licence suspension also follows.
Washington
At least 24 hours in jail, up to 364 days, and a fine of $350 to $5,000
Show the degrees and the statutes
Driving under the influence, first offence (Gross misdemeanor)
- Least
- At least 24 consecutive hours in jail (the court may order at least 15 days of electronic home monitoring instead)
- Most
- Up to 364 days in jail
- Fine
- Fine of $350 to $5,000
Where the alcohol concentration is 0.15 or more, or the person refuses the test, the minimum jail term is 48 hours and the minimum fine is higher. Other penalties, such as licence revocation, also follow.
West Virginia
A misdemeanor: up to 6 months in jail and a fine of $100 to $500; the licence is revoked for 6 months
Show the degrees and the statutes
Driving a vehicle while in an impaired state, first offence (Offence)
- Least
- No minimum term set by the statute
- Most
- 6 months
- Fine
- $100 to $500
The court may confine the offender in jail for up to six months. The licence is revoked for six months, or for a period conditioned on participation in the test and lock program.
A higher blood alcohol (0.15 percent or more) carries 2 days to 6 months, at least 24 hours of it actual confinement, and a fine of $200 to $1,000, with a one-year licence revocation (§ 17C-5-2(f)). Impairment that proximately causes bodily injury to another person carries 1 day to 1 year, a fine of $200 to $1,000 and a two-year revocation (§ 17C-5-2(d)).
23 countries covered so far
Country codes name the same acts differently, so each entry says which offence is the closest match. Ranges are from the code’s own text.
Austria
A fine of 800 to 3,700 euros (impaired) up to 1,600 to 5,900 euros (1.6 per mille or more): an administrative offence, not a crime
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Lenken eines Fahrzeuges in einem durch Alkohol beeinträchtigten Zustand (driving while impaired by alcohol) (Administrative offence, not a crime)
- Least
- No minimum term set by the statute
- Most
- In default of payment, 1 to 6 weeks' prison
- Fine
- Fine of 800 to 3,700 euros
Lenken with 1.2 g/l or more but less than 1.6 g/l of blood (Administrative offence, not a crime)
- Least
- No minimum term set by the statute
- Most
- In default of payment, 10 days to 6 weeks' prison
- Fine
- Fine of 1,200 to 4,400 euros
Lenken with 1.6 g/l or more of blood (0.8 mg/l of breath) (Administrative offence, not a crime)
- Least
- No minimum term set by the statute
- Most
- In default of payment, 2 to 6 weeks' prison
- Fine
- Fine of 1,600 to 5,900 euros
Driving drunk is punished in Austria by an administrative fine, with a short prison term only in default of payment. It becomes a crime when it causes harm, for example a negligent killing after getting drunk (§ 81(2) StGB, up to 3 years). The blood-alcohol limit at which a person is treated as impaired is 0.8 g/l (§ 5).
Brazil
6 months to 3 years' detention, a fine, and suspension or ban on getting a licence
Show the degrees and the articles
Conduzir veículo com capacidade psicomotora alterada (driving with psychomotor capacity impaired by alcohol) (Detenção (the lighter kind of prison))
- Least
- 6 months
- Most
- 3 years
Together with a fine and suspension or a ban on obtaining a licence.
The offence is in the Traffic Code, not the Penal Code. It is shown where the person's alcohol level is 6 decigrams or more per litre of blood (0.3 mg per litre of breath), or signs of impaired psychomotor capacity.
Bulgaria
1 to 3 years (blood alcohol over 1.2 per mille); a fine is added
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Driving a motor vehicle with a blood alcohol concentration over 1.2 per mille (Offence (лишаване от свобода))
- Least
- 1 year
- Most
- 3 years
- Fine
- A fine is added (amount not shown)
Criminal Code of Bulgaria (Наказателен кодекс), art. 343б(1)
Driving a motor vehicle with a blood alcohol concentration over 1.2 per mille is a crime (art. 343б(1)): 1 to 3 years of deprivation of liberty, plus a fine. Driving after using narcotic substances is punished the same way (art. 343б(3)). A repeat offence after a conviction carries 1 to 5 years. Lower concentrations are dealt with as administrative offences outside the Criminal Code and were not read.
Canada
A fine of at least $1,000 (up to 10 years indictable; or a fine up to $5,000 or two years less a day, on summary conviction)
Show the degrees and the articles
Operating a conveyance while impaired, or with a blood alcohol concentration of 80 mg per 100 mL or more, first offence (Hybrid offence (indictable or summary))
- Least
- A fine of $1,000
- Most
- 10 years (indictable); a fine of up to $5,000, or two years less a day, or both (summary)
- Fine
- At least $1,000
Where the offence causes bodily harm the maximum is 14 years (s. 320.2).
The offence covers operating a conveyance while impaired to any degree by alcohol or a drug, and having a blood alcohol concentration of 80 mg per 100 mL of blood or more within two hours after ceasing to operate it. A second offence brings a minimum of 30 days in prison, and each later offence 120 days.
China
Criminal detention (1 to 6 months) and a fine for drunk driving
Show the degrees and the articles
Drunk driving (危险驾驶罪: 醉酒驾驶机动车) (Crime (criminal detention))
- Least
- 1 month (art. 42)
- Most
- 6 months' criminal detention
- Fine
- A fine is imposed as well
Where it also amounts to another crime, such as causing a death by traffic accident, the heavier penalty applies.
Under art. 133-1, driving a motor vehicle on the road while drunk is a crime in itself, punished with criminal detention and a fine. We have not read the rules that set the alcohol level.
Czechia
Up to 1 year, a fine or a ban on activity (working or acting while unfit through a drug or alcohol); 6 months to 3 years if harm results
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Endangerment under the influence of an addictive substance (ohrožení pod vlivem návykové látky) (Offence (imprisonment))
- Least
- No minimum term set by the statute
- Most
- 1 year
Or a fine, or a ban on activity.
The same, causing an accident, harm to health or larger damage to property, or in a particularly dangerous activity (Offence (imprisonment))
- Least
- 6 months
- Most
- 3 years
Or a fine, or a ban on activity.
The Code's offence is performing a job or activity while unfit as a result of alcohol or another addictive substance, where the activity could endanger life or health or cause substantial damage to property (s. 274). Lesser levels of drunk driving are dealt with as administrative offences outside the Criminal Code and were not read.
England and Wales
Up to 6 months in custody, or an unlimited fine, or both, and disqualification from driving for at least 12 months
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Driving or attempting to drive with excess alcohol (Road Traffic Act 1988, s.5(1)(a)) (Summary offence (magistrates' court))
- Least
- No minimum term set by the statute
- Most
- 6 months' imprisonment, or an unlimited fine, or both
The guideline says the court must disqualify for at least 12 months (longer after earlier convictions). The Sentencing Council's offence range is a Band B fine to 26 weeks' custody.
Driving or attempting to drive when unfit through drink or drugs (Road Traffic Act 1988, s.4(1)) (Summary offence (magistrates' court))
- Least
- No minimum term set by the statute
- Most
- 6 months' imprisonment, or an unlimited fine, or both
Finland
A fine or up to 6 months (blood alcohol 0.5 per mille or more); at least 60 day-fines or up to 2 years (aggravated)
Show the degrees and the articles
Drunk driving (rattijuopumus) (Offence)
- Least
- No minimum term set by the statute
- Most
- 6 months
- Fine
- Or a fine (day-fines)
Aggravated drunk driving (törkeä rattijuopumus) (Offence)
- Least
- No minimum term set by the statute
- Most
- 2 years
- Fine
- At least 60 day-fines, or imprisonment
Drunk driving (rattijuopumus) is a blood alcohol concentration of 0.5 per mille or more, or 0.22 mg per litre of exhaled air, while driving a motor vehicle or tram. The aggravated offence applies at 1.2 per mille (0.53 mg per litre) or more, or where the ability to drive is clearly impaired and the circumstances endanger others.
France
A fine (lower alcohol levels) or up to 3 years and €9,000 (0.80 g/l of blood or more)
Show the degrees and the articles
Driving with alcohol below the délit threshold, for the drivers the regulation covers (public-transport drivers, probationary licence holders and others) (Contravention (traffic fine))
- Least
- No minimum term set by the statute
- Most
- A fine for a fourth-class contravention, with no prison term
The code sets other, lower tiers for other drivers. This is the milder end.
Driving under the influence of alcohol at 0.80 g/l of blood or more (0.40 mg/l of breath) (Délit (imprisonment))
- Least
- No minimum term set by the statute
- Most
- 3 years' imprisonment
- Fine
- Fine of up to €9,000
The court may also suspend the licence for up to 5 years, cancel it with a ban of up to 5 years, order community work, confiscate the vehicle and impose other additional penalties (art. L234-2). The licence also loses half its maximum points.
France sets the drunk-driving offence in the Code de la route, not the Code pénal. The blood-alcohol thresholds are set by the code at 0.80 g per litre of blood, or 0.40 mg per litre of breath.
Germany
Up to 1 year or a fine (driving under the influence) up to 5 years (if it endangers others)
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Trunkenheit im Verkehr (driving under the influence of drink or drugs, unable to drive safely) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- A fine may be imposed instead of prison
Gefährdung des Straßenverkehrs (endangering road traffic) caused by negligence (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 2 years
- Fine
- A fine may be imposed instead of prison
Gefährdung des Straßenverkehrs (driving unfit through alcohol or drugs and thereby endangering life, limb or valuable property) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine may be imposed instead of prison
A court may also withdraw the driving licence or impose a driving ban. We have not read those provisions for this table.
Hungary
Up to 2 years (drunk driving); higher if it causes injury or death
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Driving a vehicle while drunk (Offence (deprivation of liberty))
- Least
- No minimum term set by the statute
- Most
- 2 years
Driving while drunk (járművezetés ittas állapotban) is a misdemeanour. It becomes a felony if it causes serious bodily harm (up to 3 years), permanent disability or severe deterioration of health (1 to 5 years), death (2 to 8 years) or the deaths of more than two people (5 to 10 years).
Ireland
A fine of up to €5,000 or up to 6 months, or both (plus disqualification, not read)
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Driving while under the influence of an intoxicant or over the alcohol limit (Offence)
- Least
- No minimum term set by the statute
- Most
- 6 months
- Fine
- Up to €5,000, or imprisonment, or both
Driving or attempting to drive a mechanically propelled vehicle in a public place while under the influence of an intoxicant to such an extent as to be incapable of having proper control of it, or while the alcohol or drug in the body exceeds a limit (Road Traffic Act 2010, s. 4). A conviction also leads to disqualification from driving, which was not read for this table.
Italy
A fine and licence suspension (0.5 to 0.8 g/l) up to 6 months to 1 year of arrest and a fine (over 1.5 g/l)
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Guida in stato di ebbrezza, 0.5 to 0.8 g/l (an administrative offence) (Administrative sanction, not a crime)
- Least
- No arrest
- Most
- A fine of 543 to 2,170 euros, and licence suspension of 3 to 6 months
Guida in stato di ebbrezza, over 0.8 and up to 1.5 g/l (Crime (arresto and ammenda))
- Least
- No minimum term set by the statute
- Most
- Arrest of up to 6 months and a fine of 800 to 3,200 euros, with licence suspension of 6 months to 1 year
Guida in stato di ebbrezza, over 1.5 g/l (Crime (arresto and ammenda))
- Least
- 6 months
- Most
- Arrest of 6 months to 1 year and a fine of 1,500 to 6,000 euros, with licence suspension of 1 to 2 years
The offence is in the Codice della strada. Italy uses three tiers by blood alcohol, in grams per litre (g/l). Only the second and third tiers are crimes. The licence is always revoked on a repeat offence within two years.
Japan
Up to 3 years or a fine of up to 500,000 yen (driving with alcohol over the limit) up to 5 years or 1,000,000 yen (driving drunk)
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Driving with alcohol above the set level (酒気帯び運転) (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- 3 years
- Fine
- Or a fine of up to 500,000 yen
Driving drunk (酒酔い運転) (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- Or a fine of up to 1,000,000 yen
The offences are in the Road Traffic Act. 'Driving drunk' (酒酔い運転) means a state in which one cannot drive normally, including 1.0 mg of alcohol per millilitre of blood or 0.5 mg per litre of breath or more. 'Driving with alcohol over the limit' (酒気帯び運転) means alcohol above the level set by government order, under that figure. Administrative licence consequences also apply.
Netherlands
Up to 1 year in prison, or a fine of the fourth category
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Rijden onder invloed (driving under the influence of alcohol or another substance) (Offence under the Road Traffic Act)
- Least
- No minimum term set by the statute
- Most
- 1 year's prison
Or a fine of the fourth category. Other penalties, such as a licence ban or an alcohol-lock programme, can also follow.
The offence is in the Road Traffic Act (Wegenverkeerswet). It is committed by driving after drinking so much that the alcohol level exceeds 220 micrograms per litre of breath or 0.5 mg per millilitre of blood, or lower limits for new drivers in the first years after their first licence (88 micrograms of breath or 0.2 mg of blood).
New Zealand
Up to 3 months or a fine of up to $4,500, and disqualification for at least 6 months
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Driving while over the specified breath or blood alcohol limit (Offence)
- Least
- A disqualification of at least 6 months
- Most
- 3 months
- Fine
- Up to $4,500
The offence is driving or attempting to drive a motor vehicle on a road with a breath alcohol of more than 400 micrograms per litre of breath (or over a blood limit). A lower range (250 to 400 micrograms) is an infringement offence, dealt with by a fee. The penalty shown is for a first or second offence. A court must disqualify the offender from holding or obtaining a driver licence for 6 months or more.
Norway
A fine and, depending on the blood alcohol level, conditional or unconditional prison; the general maximum is 1 year
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Driving under the influence of alcohol or another intoxicating substance, first offence (Offence)
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- A fine, as a rule, at every level
The Road Traffic Act (s. 22) bans driving under the influence. The penalty rule in s. 31 says that the offender is, as a rule, punished by a fine alone at a blood alcohol concentration up to and including 0.5 per mille (0.25 mg per litre of breath), by a fine and conditional or unconditional prison between 0.5 and 1.2 per mille, and by a fine and unconditional prison above 1.2 per mille. The general maximum under s. 31 is a fine or up to one year of imprisonment. A repeat offence is punished more heavily.
Portugal
Up to 1 year or a fine of up to 120 days (blood alcohol 1.2 g/l or more)
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Driving while drunk or under the influence of drugs (condução de veículo em estado de embriaguez ou sob a influência de estupefacientes) (Offence (pena de prisão))
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- Or a fine of up to 120 days
Driving a vehicle, with or without a motor, on a public road or equivalent, with a blood alcohol concentration of 1.2 grams per litre or more, at least by negligence (art. 292). The same penalty applies to driving under the influence of narcotics or psychotropic substances. A more serious penalty applies if another provision calls for it. Lower levels of alcohol are administrative offences, outside the Code.
Russia
A first offence is not a crime: fine of 45,000 roubles and loss of licence for 1.5 to 2 years
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Driving while intoxicated, first offence (administrative offence) (Administrative offence, not a crime)
- Least
- No prison or arrest for the basic offence
- Most
- Loss of the right to drive for 1.5 to 2 years
- Fine
- Administrative fine of 45,000 roubles
Where the driver has no licence or has been deprived of it, the penalty is administrative arrest for 10 to 15 days, or the fine where arrest cannot be used (Art. 12.8(3)).
Code of Administrative Offences of the Russian Federation, Art. 12.8(1)
Driving while intoxicated by a person already punished administratively for it, or convicted (Crime of small gravity)
- Least
- No minimum term set by the statute
- Most
- 2 years' imprisonment (or a fine of 200,000 to 300,000 roubles, compulsory work or forced labour), with a ban on certain posts or activities of up to 3 years
Driving drunk is a criminal offence in Russia only for a person who has already been punished for it administratively or been convicted (Art. 264.1). A first offence is an administrative offence under the Code of Administrative Offences, Art. 12.8.
South Korea
Up to 1 year or 5 million won (blood alcohol 0.03% to under 0.08%) up to 5 years or 20 million won (0.2% or more)
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Driving while drunk, blood alcohol 0.03% to under 0.08% (Offence)
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- Or a fine of up to 5 million won
Driving while drunk, blood alcohol 0.08% to under 0.2% (Offence)
- Least
- 1 year
- Most
- 2 years
- Fine
- Or a fine of 5 to 10 million won
Driving while drunk, blood alcohol 0.2% or more (Offence)
- Least
- 2 years
- Most
- 5 years
- Fine
- Or a fine of 10 to 20 million won
The penalty depends on the blood alcohol concentration. A person convicted of a second drink-driving offence within ten years of a final sentence of a fine or more is punished more heavily (Art. 148-2(1)).
Spain
3 to 6 months in prison, or a fine, or community work, and a driving ban of over 1 and up to 4 years
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Conducción bajo la influencia de alcohol o drogas (driving under the influence of alcohol or drugs) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 3 months in prison
- Most
- 6 months in prison
- Fine
- Or a fine of 6 to 12 months, or community work of 31 to 90 days. In every case a driving ban of more than 1 and up to 4 years.
The offence is made out by an alcohol level above 0.60 milligrams per litre of exhaled air or above 1.2 grams per litre of blood, or by driving under the influence of drink or drugs. The court chooses one of the three penalties and always adds the driving ban.
Sweden
Fines or up to 6 months (rattfylleri) up to 2 years (grovt rattfylleri)
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Rattfylleri (drunk driving) (Brott (fängelse))
- Least
- No minimum term set by the statute
- Most
- 6 months
Or fines.
Grovt rattfylleri (gross drunk driving) (Brott (fängelse))
- Least
- No minimum term set by the statute
- Most
- 2 years
Rattfylleri is driving with an alcohol concentration of 0.2 per mille or more in the blood (0.10 mg per litre of breath), or with a narcotic substance left in the blood. It is gross where the alcohol level is 1.0 per mille or more (0.50 mg per litre of breath), the driver was otherwise considerably affected, or the driving created a clear danger to traffic safety. A driving ban or loss of licence can also follow.
Taiwan
Up to 3 years, and a fine of up to NT$300,000 may be added
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Driving a powered vehicle while impaired by alcohol or drugs (不能安全駕駛) (Offence)
- Least
- No minimum term set by the statute
- Most
- 3 years
- Fine
- A fine of up to NT$300,000 may be added
The offence is driving a motor vehicle with a breath alcohol concentration of 0.25 mg per litre or a blood alcohol of 0.05 percent or more, or while otherwise unable to drive safely because of alcohol or drugs. If it causes death, the punishment is 3 to 10 years, and if it causes serious injury, 1 to 7 years.
Other states and countries are being added. Spotted a mistake? Tell us.
