State | Length of Probation | Deferred Prosecution (conditional discharge) | Expungement | Alternatives to plead to | Ignition Interlock Device | License Affected for 1st Offense |
Alabama | 2 years for a misdemeanor DUI and 5 years for a felony DUI | yes | no | prohibit reduction of DUI to lesser charge but favourable plea bargain may be possible | not required at first offense, but option instead of license suspension, required for repeat offenders | 90 days suspension unless IID |
Alaska | usually 3 to 12 months | no | no | wet reckless | can reduce sentence for first time offenders, required for repeat offenders | 90 days suspension, reduced to 30 days with IID |
Arizona | up to five years | No | no, However, can be “set aside” | prohibit reduction of DUI to lesser charge but favourable plea bargain may be possible | yes, between 12 – 24 months, unless convicted of a drug DUI | 90 days suspension, 1 year if refuse chemical test |
Arkansas | typically 12-18 months for 1st offense and 18-24 months for second offense | no | yes | plea bargain for wet reckless (reckless driving involving alcohol) is barred | only for DWI alcohol, not DWI drugs, can qualify for a waiver which exempts you from the IID under certain conditions | BAC between .08 – .15 suspended for 120 days, unless permitted with IID, BAC higher than .15, suspended for 190 days, unless permitted with IID |
California | 3 to five years | no | yes | wet and reckless, dry reckless, exhibition of speed | yes, and proof of IID needs to be shown before eligible to drive again | 4 months suspension |
Colorado | 1-2 years for first offense, 2-4 years for repeated offense | yes | yes – only under certain circumstances, mainly limited to juvenile records, only if you did not plead guilty or were not found guilty | wet reckless | eligible after 1 month, if first offence and BAC was lower than .15, required for 8 months, if first offence and higher than .15, or it your second offence, required for 2 years. If you refused to submit to a chemical test, eligible after 2 months and 2 year requirement | 9 months suspension, 1 year if chemical test refused |
Connecticut | up to 2 years of probation on first offense, up to 5 years on second, and undetermined period of probation for three or more offenses | yes | yes, only for individuals who were acquitted, had their charges expunged, or had their case put on hold | wet reckless | yes, zero tolerance policy and required even with BAC of .01 | 1 year suspension |
Delaware | 1 year | yes, but only for first-time DUI charges | yes | reckless driving alcohol related | If first offense, IID not required, however can either apply for the IID (FOE-IID) Diversion, requires you submit to a chemical drug test, where IID required for 5 months, or if you refuse a chemical drug test, or it is your second offense, you can apply for the Voluntary IID Program, IID required for 7 months. If it is a repeat offense, you must wait at least 24 months before IID. | 1 year revocation if BAC less than .15, 18 month revocation if BAC between .15-.19, 2 years revocation if BAC .20 or above |
Florida | 12 months | yes | yes only for individuals who were acquitted of their charges, had their charges dismissed or entered a deferred adjudication program | wet reckless | only required for first offense if court orderd, if BAL is above .15, or if a minor was in car, required for subsequent convictions, between 1 – 5 years | 180 days – maximum of 1 year suspension |
Georgia | up to 1 year on first offense, and up to 5 years for repeat offenses | no | no | reckless driving, however difficult | required after second conviction within 5 years, required for 12 months after 4 months of a suspended license, however license still considered formally suspended | up to 1 year suspension |
Hawaii | up to 5 years | yes | yes | plea bargain is prohibited | not required, may be used to reduce revocation | if BAC is below .15, 3 months – 1 year revocation, with IID available after 30 days, if BAC is above .15, 6 months to a year revocation, no conditional license available |
Idaho | up to five years | yes | no | traffic ticket- reckless driving with alcohol | yes, for first time offenders, required for a year, after 1 year of a revoked license | 90 – 180 days suspension |
Illinois | up to 30 months; up to 48 months if third offense or passenger under 16 | no | no | plea bargain for wet reckless is prohibited | yes | minimum 6 months revocation, unless given permission from the courts for a Monitoring Device Driving Permit |
Indiana | 2 1/2 year | no | yes | plea bargain for wet reckless is barred by statute | after second conviction | 90 days – 2 years suspension, eligible for hardship license after 30 days |
Iowa | 12 months | yes | yes | wet reckless may be possible | yes, for first conviction only required if BAC is .10 or above or involved in an accident | 180 day revocation, eligible immediately for 6 month probation if BAC between .08-.10, no IID required, if BAC between .10-.15, IID required, and eligible after 30 days if BAC is .15 or higher, IID required |
Kansas | one year | yes | yes | wet reckless is prohibited | yes, usually for 2 – 10 years | 30 days suspension, may obtain a restricted driving permit with IID which lasts for 330 days |
Kentucky | generally none | yes, depending on the County | yes | wet reckless | required for 6 months if DUI 1st offense with aggravating circumstances, required for 12 months if DUI 2nd offense within a 10 year period, required for 30 months for subsequent offenses | 30-120 days revocation |
Louisiana | up to two years | yes | yes | wet reckless | required if BAC is .08 or above for first offense and for all subsequent offenses | 1 year suspension, 2 years if BAC is .20 or above, hardship license available after 45 days with IID |
Maine | 90 days – 2 years, hardship license eligible after 30 days | yes | yes | reckless driving – wet reckless | voluntary for second and third offenses | 90 day suspension, restricted license may be available after first 60 days |
Maryland | generally one year | yes | yes- only for individuals who were acquitted, charges dismissed or if a probation before entry of judgment sentence was imposed | wet reckless | required for repeat offenses, IID required for 180 days if BAC between .08-.15, 1 year if BAC above .15 or you refused to submit to the test | minimum 6 month suspension |
Massachusetts | 1 year for first offense 2 years for second offense | no | no | wet reckless | required for 2 or more convictions, or in the case of a hardship license | 1 year suspension |
Michigan | Depends on region. On average, 1 year for first offense and 2 years for second offense | no | no | wet reckless | possible IID restriction for second, third and subsequent offenses for at least 1 year upon license reinstatement | 180 days suspension, 1 year if BAC .17 or above, IID may be available after 30 days, required for at least a year |
Minnesota | it depends on level of charge- fourth degree up to two years, third and second degree up to six years | no | yes, only for individuals who have been acquitted or had their charges dismissed | traffic, reckless driving, careless driving | for first time offenders with a BAC of .16 or above, or for all repeat offenders, 1 year for second offense, 2 years for third offense, 3-5 years for fourth or subsequent offenses | 90 days revocation if BAC is under .16, 1 year if BAC is .16 or above or refused test |
Mississippi | 6 months to 1 year | yes, depends on district | yes | plea bargain for wet reckless is barred by statue in Mississippi | can be used to reinstate license after first offense, required for a minimum of 6 months for subsequent offenses | 90 days – 1 year suspension, restricted driving privilege may be resinstated after 30 days with IID |
Missouri | typically 1-2 years | yes | yes | wet reckless | yes, no less than 6 months | 90 days suspension, eligible for restricted driving privilege after 30 days |
Montana | up to 5 years | yes | yes | reckless driving; dry reckless wet reckless | may be granted for reduced suspension for first time offenders, required for subsequent offenders | 6 months suspension, may be eligible for restricted probationary license with or without an IID after 45 days |
Nebraska | up to 2 years for first offense and up to five years for second offense | may be possible | no | reckless driving | yes | 180 days revocation for failure of test, 1 year for refusal of test |
Nevada | minor cases usually few months, serious cases may have periods of 3,5 or more years | may be possible for specific groups | no | 10 years | possible 3-6 months IID for first offense, second offense if BAC under .18, 12-36 months if second offense and BAC is .18 or above, third or subsequent offense | 90 days suspension, may be eligible for hardship ignition interlock restricted license after 45 days |
New Hampshire | 3 years | yes | yes | reckless operation | required for anyone with a BAC of .15 or higher, even for first offense | 9 months – 2 years revocation |
New Jersey | no | no,because it is not considered a criminal offense | usually not possible | 6 months-1 year for first offense, 1-3 years for second or subsequent offense | 3 months suspension if BAC is below .10, 7 months – 1 year if BAC is .10 or above | |
New Mexico | 1 year for first time offender | may differ between districts | yes | plea bargain difficult; wet reckless prohibited | 1 year for first offense, 2 years for second offense, 3 years for third offense, lifetime IID restriction for offense after that | 1 year revocation |
New York | 1 to 3 years | no | no | reducing alcohol traffic to non-alcohol offense is prohibited, wet reckless not possible | minimum 6 months for first and second offense, 5 years for third and fourth offense | minimum 6 months license revocation, minimum 1 year revocation if BAC is .18 or more |
North Carolina | up to 5 years | yes, however, the prosecutor must agree | no | wet reckless | for first offense, if BAC is .15 or more then IIR required for a year, 3 years for second offense, 7 years for third and subsequent offenses | 1 year suspension |
North Dakota | 1 year up to third offense, and 2 years for fourth offense | no | no | reckless driving | possibly if court deems appropriate | 91 days suspension if BAC below .18, 180 days if BAC is .18 or above |
Ohio | up to 3 years for first offense and up to 5 years for multiple offense | no | no | reckless operation of vehicle, physical control | may be eligible | administrative license suspension 3 months, court imposed license suspension 6 months-3 years, may be eligible for IID after 6 months |
Oklahoma | up to five years | yes | yes | wet reckless, dry reckless | required for first offenders with BAC over .15 | decided in court |
Oregon | up to five years | no | no | prohibited | 1 year for first offense, 2 years for second and subsequent offenses | 1 year suspension, ignition interlock hardship driving permit may be available after first 30 days of suspension |
Pennsylvania | up to 6 months for first offense if BAC is between 0.08-0.09% | yes | yes | alcohol related reckless driving | required for all offenses except for a first time offense with a BAC between .08-.10 | if BAC .10 or higher 12 month suspension, occupational restricted license may be available after 60 days |
Rhode Island | yes, however, does not extend to those where there was a passenger under the age of 13 in the vehicle | yes | reckless driving | required for 1-2 years for second and third offenses | if BAC between .08-.10, or unknown, 30-180 days suspension, if BAC between .10-.15, 3-12 months suspension, if BAC is .15 or above, 3 -18 months suspension | |
South Carolina | no | no | limited; reckless driving not possible | 2 year IIR for second offense, 3 year IIR for third offense | 6 months suspension | |
South Dakota | yes | yes | wet reckless | sometimes as part of a sobriety program | 30 day- 1 year revocation | |
Tennessee | up to 2 years, and up to 4 years for fourth offense | yes | no | Wet reckless, public intoxication, reckless endangerment | yes, sometimes for first time offense, for a second offense it is required for six months | 1 year revocation, can apply for IIR license |
Texas | 6 months to 2 years | no | no | obstruction of a passageway or roadway, reckless driving | yes for first time offenders with a BAC of .15 or higher or under the age or 21, or all second time offenders | 90 day-1 year suspension, possible IIR after 50% of any supervised period |
Utah | normally 18 months for misdemeanor and 36 months for felony | no | yes | 2 years license revocation, alcohol restricted driver 10 years | possibly for first offense, required for subsequent offenses | 120 days suspension, alcohol restricted driver for 2 years |
Vermont | 1 to 5 years | yes, but only for first-time DUI charges | no | wet reckless | 6 months suspension for first offense, 18 months for second offense, 3 years for third offense | 90 days suspension, may be eligible for IIR license after 30 days |
Virginia | 1 year | no | no | wet reckless | 6 months, extended if more DUIs in that period | 12 months revocation |
Washington | up to five years | only for individuals diagnosed as alcohol dependent and sober | yes | reckless driving, Negligent driving in the first degree, reckless endangerment | yes, 1 year minimum for first offense, 1-5 years for second offense (in 7 years) also sometimes for reckless or negligent driving offenses as well | BAC below .15 or no breath test, 90 days suspension, above .15, 1 year, refusal, 2 years |
West Virginia | no probation | yes, but only for first-time DUI charges | yes, under some conditions | wet reckless | sometimes for first offense, can reduce license suspension, required for repeat offences | 6 months revocation, IIR license may be available after 45 days |
Wisconsin | up to 5 years | yes | no | reckless driving not involving intoxication or traffic infractions such as speeding or illegal lane changes | yes for at least a year after hardship license or a reinstated drivers license | 6 – 9 months revocation, occupational license available immediately |
Wyoming | up to three years for misdemeanor | yes | yes | wet reckless | usually not for first offense unless BAC is over .15, required 1 year after second offense, 2 years after a third offense, potential lifelong after fourth offense | license suspended as soon as you are arrested, 90 days |