Summary of State Drunk Driving Laws (NCSL stats)*
| State | DUI Criminal Status |
| Alabama | 1st, 2nd, and 3rd DUI offenses are misdemeanors. 4th or subsequent DUI offense within five years is a class C felony. |
| Alaska | 1st and 2nd DUI offenses are class A misdemeanors. 3rd or subsequent DUI offense within 10 years is a class C felony. |
| Arizona | 1st and 2nd DUI offense are class 1 misdemeanors. 3rd or subsequent DUI offense is a class 4 felony. |
| Arkansas | 4th or subsequent DUI offense within 5 years is a felony (fewer offenses not classified). |
| California | Non-injury DUI offenses are misdemeanors. A 4th or subsequent DUI offense is a felony if offender is sentenced to incarceration in a state prison. |
| Colorado | DUI and impaired offenses are misdemeanors. Injury-related DUI offenses are class 4 felonies. |
| Connecticut | 1st and 2nd DUI offenses are misdemeanors. 3rd and subsequent DUI offenses within ten years are felonies. |
| Delaware | 1st and 2nd DUI offenses are unclassified misdemeanors. 3rd DUI is a class G felony. 4th or subsequent is a class E felony. |
| DC | DUI offenses are not classified. |
| Florida | 1st and 2nd DUI offenses are misdemeanors. 3rd or subsequent offense within ten years is a 3rd degree felony. |
| Georgia | 1st and 2nd DUI offenses are misdemeanors. 3rd and subsequent offenses are high and aggravated misdemeanors. |
| Hawaii | 1st, 2nd and 3rd DUI offenses are petty misdemeanors. 4th or subsequent offense is a class C felony. |
| Idaho | 1st and 2nd DUI offenses are misdemeanors. 2nd or subsequent offense with BAC = .20 is a felony. 3rd or subsequent offenses are felonies. DUI with bodily harm or disfigurement is a felony. |
| Illinois | 1st and 2nd DUI offenses are class A misdemeanors. 3rd and subsequent offenses are class 4 felonies. |
| Indiana | Illegal per se offense with a BAC of .08 to .15 is a class C misdemeanor. With a BAC of .15 and higher, it is a class A misdemeanor. For subsequent DUI convictions within 5 years, it is a class D felony. |
| Iowa | 1st DUI offense is serious misdemeanor. 2nd offense within 12 years is aggravated misdemeanor. 3rd or subsequent DUI offense is class D felony. |
| Kansas | 1st DUI offense is class B non-person misdemeanor. 2nd offense is a class A non-person misdemeanor. 3rd or subsequent offense is a non-person felony. |
| Kentucky | 1st DUI offense is a class B misdemeanor. 2nd offense within 5 years is a class A misdemeanor. 3rd offense within 5 years with a BAC under .18 is a class A misdemeanor. 3rd offense with a BAC of .18 or higher is a class D felony. 4th and subsequent offenses are class D felonies. |
| Louisiana | 1st and 2nd DUI offenses not classified. 3rd offense can be either a misdemeanor or felony. 4th offense is a felony. |
| Maine | 1st, and 2nd DUI offenses are class D crime. 3rd or subsequent offenses are class C crime. |
| Maryland | All DUI offenses are misdemeanors. |
| Massachusetts | 1st and 2nd DUI offenses are unclassified. 3rd and subsequent offenses are felonies. |
| Michigan | 1st and 2nd DUI offenses are misdemeanors. 3rd or subsequent offenses within 10 years are felonies. |
| Minnesota | Fourth degree drunk driving offense-no aggravating Factors-Misdemeanor; Third Degree Drunk Driving Offense - One aggravating factor-Gross Misdemeanor; Second Degree Drunk Driving Offense with two aggravating factors-Gross Misdemeanor; A drunk-driving offense with three or more aggravating factors-Felony. |
| Mississippi | 1st and 2nd DUI offenses are misdemeanors. 3rd and subsequent offenses are felonies. |
| Missouri | 1st DUI offense is a class B misdemeanor. 1st per se offense is class C misdemeanor. 2nd offenses are class A misdemeanors. 3rd or subsequent offenses are class D felonies. |
| Montana | 1st, 2nd and 3rd DUI offenses are misdemeanors. 4th and subsequent offenses are felonies. |
| Nebraska | 1st and 2nd DUI offenses and 3rd offense within 12 years are class W misdemeanors. 4th and subsequent offenses within 12 years are class IV felonies. Injury related DUI offenses are class III A felonies. |
| Nevada | 1st and 2nd DUI offenses are misdemeanors. 3rd or subsequent offenses are category B felonies. |
| New Hampshire | 1st DUI offense is a class B misdemeanor. 2nd and 3rd non-injury DUI offenses are class A misdemeanors. 4th or subsequent non-injury DUI offenses are felonies, and DUI with serious bodily injury is a class B felony. |
| New Jersey | Drunk driving is a violation, not a "crime". |
| New Mexico | 4th DUI offense is a 4th degree felony (fewer offenses not classified). |
| New York | Driving while ability impaired offenses: 1st offense is a traffic infraction, 2nd and subsequent offenses are misdemeanors. Driving while intoxicated offenses: 1st offense is a misdemeanor, 2nd offense within 10 years is a class E felony, 3rd offense within 10 years is a class D felony. |
| North Carolina | 4th DUI or subsequent offense is a class F felony. Fewer offenses are classified as levels 1-5, based on length of sentence. |
| North Dakota | 1st and 2nd DUI offenses are class B misdemeanors. 3rd and 4th offenses are class A misdemeanors. 5th and subsequent offenses are class C felony. |
| Ohio | 1st and 2nd DUI offenses are 1st degree misdemeanors. 3rd offense is a misdemeanor. 4th offense within 6 years is a fourth degree felony, subsequent offenses within any time period is a third degree felony. |
| Oklahoma | 1st DUI offense is a misdemeanor. 2nd and subsequent offenses within ten years are felonies. |
| Oregon | 1st, 2nd, and 3rd DUI offenses are class A misdemeanors. 4th and subsequent offenses are class C felonies. |
| Pennsylvania | 1st or 2nd DUI offenses are 2nd degree misdemeanors. 3rd or subsequent offenses are 1st degree misdemeanors. |
| Rhode Island | Non-injury DUI offenses are misdemeanors. DUI with serious bodily injuries are felonies. |
| South Carolina | 1st DUI offense is a misdemeanor. 2nd offense within 10 years is a class C misdemeanor. 3rd offense within 10 years is a class A misdemeanor. 4th and subsequent offenses within 10 years are class F felonies. |
| South Dakota | 1st and 2nd DUI offenses within five years are class 1 misdemeanors. 3rd offense within five years is a class 6 felony. 4th and subsequent offenses within five years are class 5 felonies. |
| Tennessee | 1st, 2nd and 3rd DUI offenses are class A misdemeanors. 4th and subsequent offenses within 10 years is a class E felony. |
| Texas | 1st DUI offense is a class B misdemeanor. 2nd offense within 10 years is a class A misdemeanor. subsequent offenses are 3rd degree felonies. |
| Utah | 1st and 2nd DUI offenses within six years are class B misdemeanors. 3rd and subsequent offenses within ten years are 3rd degree felonies. |
| Vermont | 1st and 2nd DUI offenses are misdemeanors. 3rd and subsequent offenses are felonies. |
| Virginia | 1st offense and 2nd offenses within 10 years are class 1 misdemeanors. 3rd offense within 10 years is a class 6 felony. |
| Washington | All DUI offenses are gross misdemeanors. |
| West Virginia | 1st and 2nd DUI offenses are misdemeanors. Subsequent offenses are felonies. |
| Wisconsin | 1st DUI offense is a municipal offense. The 2nd through 4th offenses are misdemeanors. The 5th and subsequent are a Class H felony which is punishable by a fine not to exceed $10,000 or a term of imprisonment not to exceed 6 years, or both. |
| Wyoming | Non-injury DUI offenses are misdemeanors. 1st injury-related DUI offense is a misdemeanor. 4th or subsequent offenses within 5 years are felonies. |