Drunk driving laws in the United States vary by state, but one standard applies across the country: the legal Blood Alcohol Concentration (BAC) limit for drivers is 0.08% in all 50 states and the District of Columbia. However, some states have stricter limits for specific drivers, such as commercial vehicle operators and drivers under the legal drinking age.
Understanding BAC Limits
BAC measures the amount of alcohol in a person’s bloodstream. The higher the BAC, the more impaired a person becomes.
Legal BAC Limits by State (2024)
| State |
Standard Drivers (BAC %) |
Commercial Drivers (BAC %) |
Drivers Under 21 (BAC %) |
| Alabama |
0.08 |
0.04 |
0.02 |
| Alaska |
0.08 |
0.04 |
0.00 |
| Arizona |
0.08 |
0.04 |
0.00 |
| Arkansas |
0.08 |
0.04 |
0.02 |
| California |
0.08 |
0.04 |
0.01 |
| Colorado |
0.08 |
0.04 |
0.02 |
| Connecticut |
0.08 |
0.04 |
0.02 |
| Delaware |
0.08 |
0.04 |
0.02 |
| Florida |
0.08 |
0.04 |
0.02 |
| Georgia |
0.08 |
0.04 |
0.02 |
| Hawaii |
0.08 |
0.04 |
0.02 |
| Idaho |
0.08 |
0.04 |
0.02 |
| Illinois |
0.08 |
0.04 |
0.00 |
| Indiana |
0.08 |
0.04 |
0.02 |
| Iowa |
0.08 |
0.04 |
0.02 |
| Kansas |
0.08 |
0.04 |
0.02 |
| Kentucky |
0.08 |
0.04 |
0.02 |
| Louisiana |
0.08 |
0.04 |
0.02 |
| Maine |
0.08 |
0.04 |
0.00 |
| Maryland |
0.08 |
0.04 |
0.02 |
| Massachusetts |
0.08 |
0.04 |
0.02 |
| Michigan |
0.08 |
0.04 |
0.02 |
| Minnesota |
0.08 |
0.04 |
0.00 |
| Mississippi |
0.08 |
0.04 |
0.02 |
| Missouri |
0.08 |
0.04 |
0.02 |
| Montana |
0.08 |
0.04 |
0.02 |
| Nebraska |
0.08 |
0.04 |
0.02 |
| Nevada |
0.08 |
0.04 |
0.02 |
| New Hampshire |
0.08 |
0.04 |
0.02 |
| New Jersey |
0.08 |
0.04 |
0.01 |
| New Mexico |
0.08 |
0.04 |
0.02 |
| New York |
0.08 |
0.04 |
0.02 |
| North Carolina |
0.08 |
0.04 |
0.00 |
| North Dakota |
0.08 |
0.04 |
0.02 |
| Ohio |
0.08 |
0.04 |
0.02 |
| Oklahoma |
0.08 |
0.04 |
0.02 |
| Oregon |
0.08 |
0.04 |
0.00 |
| Pennsylvania |
0.08 |
0.04 |
0.02 |
| Rhode Island |
0.08 |
0.04 |
0.02 |
| South Carolina |
0.08 |
0.04 |
0.02 |
| South Dakota |
0.08 |
0.04 |
0.02 |
| Tennessee |
0.08 |
0.04 |
0.02 |
| Texas |
0.08 |
0.04 |
0.02 |
| Utah |
0.05 |
0.04 |
0.00 |
| Vermont |
0.08 |
0.04 |
0.02 |
| Virginia |
0.08 |
0.04 |
0.02 |
| Washington |
0.08 |
0.04 |
0.02 |
| West Virginia |
0.08 |
0.04 |
0.02 |
| Wisconsin |
0.08 |
0.04 |
0.00 |
| Wyoming |
0.08 |
0.04 |
0.02 |
Note: Utah has the lowest BAC limit at 0.05% for all drivers.
Understanding these BAC limits is crucial for promoting responsible driving and ensuring safety.
Key Points:
-
Standard Drivers: The majority of states define a BAC of 0.08% or higher as illegal for drivers aged 21 and over.
-
Commercial Drivers: A stricter BAC limit of 0.04% is uniformly applied to individuals operating commercial vehicles across all states.
-
Drivers Under 21: Most states enforce "zero tolerance" laws, setting BAC limits between 0.00% and 0.02% for drivers under the legal drinking age.
Recent Developments:
-
Utah's BAC Reduction: Effective December 30, 2018, Utah implemented a BAC limit of 0.05% for standard drivers, the lowest in the nation.
-
Connecticut's Proposed Change: In 2025, Connecticut is considering lowering its legal BAC limit from 0.08% to 0.05% to enhance road safety.
Interesting Facts About Drunk Driving in the U.S.
- Utah’s Lower Limit: In 2018, Utah became the first (and only) state to lower the standard BAC limit to 0.05%, citing studies showing fewer alcohol-related accidents.
- Zero Tolerance for Underage Drivers: Many states have 0.00% BAC limits for drivers under 21, meaning any detectable alcohol can result in penalties.
- Strictest Penalties: Arizona is known for having some of the strictest DUI penalties, including mandatory jail time for first offenders.
- Highest DUI Rates: Montana, Wyoming, and North Dakota frequently rank among states with the highest rates of DUI arrests per capita.
- Ignition Interlock Devices: 33 states require DUI offenders to install ignition interlock devices (breathalyzer-equipped devices that prevent driving if alcohol is detected).
How BAC Affects Driving Ability
| BAC Level |
Effects on Driving |
| 0.02% |
Slight relaxation, minimal impact on motor skills |
| 0.05% |
Reduced coordination, lower ability to track moving objects |
| 0.08% |
Impaired balance, reaction time, and judgment |
| 0.10% |
Slurred speech, poor reaction time |
| 0.15%+ |
Severe impairment, loss of muscle control |
Penalties for DUI by State
Each state has different penalties for DUI convictions, typically including fines, license suspension, and possible jail time. Some states impose harsher penalties for higher BAC levels (e.g., above 0.15%).
| State |
First Offense Penalty |
Repeat Offense Penalty |
Year Data Updated |
| Arizona |
Jail (1 day min), $1,250 fine, license suspension |
90-day jail, $3,000+ fine, 1-year suspension |
2024 |
| California |
$390-$1,000 fine, 6-month suspension |
Up to 1 year jail, 2-year suspension |
2024 |
| Florida |
$500-$1,000 fine, 6-month suspension |
Up to 5 years jail, $5,000+ fine |
2024 |
| Texas |
$2,000 fine, 90-day suspension |
Up to 10 years prison, $10,000+ fine |
2024 |
How to Stay Safe and Avoid DUI
- Use Ride-Sharing Services: Apps like Uber and Lyft offer a safe alternative.
- Assign a Designated Driver: Ensure someone stays sober to drive.
- Know Your Limits: Even one drink can impair some individuals.
- Use Public Transportation: If available, buses and trains are safer alternatives.
Conclusion
Drunk driving laws across the U.S. aim to reduce accidents and save lives. Understanding each state’s limits and penalties can help drivers make responsible choices. Utah leads with its 0.05% BAC limit, while states like Arizona impose the toughest penalties. Regardless of location, the safest choice is always not to drive after drinking.
Sources
National Highway Traffic Safety Administration – https://www.nhtsa.gov
Governors Highway Safety Association – https://www.ghsa.org
Mothers Against Drunk Driving (MADD) – https://www.madd.org
National Conference of State Legislatures – https://www.ncsl.org
Insurance Institute for Highway Safety – https://www.iihs.org