Legal Blood Alcohol Limits by State (2026)
The drunk-driving BAC limit in each state, including under-21 and commercial-driver limits.
| State | Legal BAC limit |
|---|---|
| Alabama | 0.08% for drivers age 21 and older; 0.04% for commercial vehicle drivers; 0.02% for drivers under 21; 0.02% for school bus and daycare drivers. A driver can also be charged while under the influence at a lower level. ALEA Driver License Manual (Nov. 2024), ch. 4; Code of Ala. § 32-5A-191 |
| Alaska | 0.08% for drivers generally (presumed under the influence); 0.04% for commercial motor vehicle drivers. Drivers under 21 face administrative revocation if a breath test shows any amount of alcohol. AS 28.35.030; Alaska DMV Driver Manual |
| Arizona | It is unlawful to drive with an alcohol concentration of 0.08 or more within two hours of driving, or while impaired to the slightest degree. The limit is 0.04 for commercial motor vehicle drivers and for vehicle-for-hire and rideshare drivers. Drivers under 21 may not drive with any spirituous liquor in their body. A.R.S. §§ 28-1381(A), 4-244(34) |
| Arkansas | 0.08% for drivers generally; 0.04% for drivers in a commercial vehicle; underage DUI applies at 0.02% to 0.079% for drivers under 21. Ark. Code §§ 5-65-103, 5-65-303; DFA DUI/DWI Administrative Hearing page |
| California | 0.08% for drivers 21 and older; 0.04% for drivers of commercial vehicles and drivers carrying a passenger for hire; 0.01% for drivers under 21 and for anyone on DUI probation. A separate offense applies to drivers under 21 at 0.05% or more. Cal. Veh. Code §§ 23152, 23140, 23136; DMV Handbook Section 9 |
| Colorado | DUI per se at 0.08 or more within two hours of driving. A BAC over 0.05 but under 0.08 allows an inference of impaired driving (DWAI). Drivers under 21 commit underage drinking and driving at 0.02 to 0.05. A BAC of 0.15 or more makes a driver a 'persistent drunk driver' subject to added requirements. C.R.S. § 42-4-1301; Office of Legislative Legal Services, Colorado Drunk Driving Laws (rev. 10/29/24) |
| Connecticut | 0.08% for adult drivers; 0.04% for commercial motor vehicle drivers; 0.02% for drivers under 21 ('zero tolerance'). Conn. Gen. Stat. §§ 14-227a(a), 14-227g; CT DMV Driver's Manual |
| Delaware | 0.08 or more (including within 4 hours after driving) for drivers generally; 0.04 or more for commercial motor vehicle drivers. Drivers under 21 may not drive after consuming any alcohol. 21 Del. C. §§ 4177(a), 4177L, 4177M |
| District of Columbia | A driver is 'intoxicated' at an alcohol concentration of 0.08 or more (blood or breath); 0.04 or more for commercial vehicle drivers. Drivers under 21 face 12 points and revocation for driving with any measurable amount of alcohol. A driver can also be charged when under the influence at lower levels. D.C. Code §§ 50-2206.01, 50-2206.11; DC DMV Driver Point System Chart |
| Florida | 0.08 grams per 100 mL of blood or per 210 L of breath for drivers generally; 0.02 for drivers under 21. Fla. Stat. §§ 316.193(1), 322.2616(1) |
| Georgia | 0.08 grams for drivers 21 and older; 0.02 grams for drivers under 21. O.C.G.A. § 40-6-391; Georgia DDS Driver's Manual, Section 5 |
| Hawaii | 0.08 grams per 100 mL of blood or per 210 liters of breath. Drivers under 21 may not drive with any measurable amount of alcohol. Haw. Rev. Stat. §§ 291E-61(a), 291E-64(a) |
| Idaho | 0.08 for drivers generally; 0.04 for commercial motor vehicle drivers; 0.02 for drivers under 21. Idaho Code § 18-8004(1)(a), (b), (d) |
| Illinois | 0.08 for drivers generally. Drivers under 21 face a license suspension for driving after consuming any amount of alcohol. 625 ILCS 5/11-501(a), 11-501.8 |
| Indiana | 0.08 for adult drivers (0.15 or more is a more serious offense); 0.02 to under 0.08 is an infraction for drivers under 21. IC 9-30-5-1, 9-30-5-8.5 |
| Iowa | 0.08 for drivers generally; 0.02 for drivers under 21. A driver can also be charged when under the influence or with any amount of a controlled substance present. Iowa Code §§ 321J.2(1), 321J.2A |
| Kansas | 0.08 for drivers generally (within three hours of driving). For drivers under 21, a test result of 0.02 to 0.0799 brings an administrative suspension. K.S.A. 8-1567(a); KDOR Alcohol Actions Chart |
| Kentucky | 0.08 or more for drivers 21 and older; 0.02 or more for drivers under 21. A driver under 21 at 0.08 or more is subject to the regular adult DUI penalties. KRS 189A.010(1)(a), (1)(f), (7) |
| Louisiana | 0.08 or more for adult drivers (or being impaired by alcohol or drugs at any level); 0.02 or more for drivers under 21 (underage operating while impaired). La. R.S. 14:98(A)(1); La. R.S. 14:98.6 |
| Maine | 0.08 for adult drivers (OUI). Drivers under 21 may not operate with any alcohol level above 0.00. 29-A M.R.S. §§ 2411(1-A), 2472(1) |
| Maryland | 0.08 BAC is over the legal limit. Drivers under 21, and drivers with an alcohol restriction on their license, may not drive with any alcohol in their system. MVA, Driving Under the Influence (DUI) |
| Massachusetts | 0.08 or more for adult drivers. Drivers under 21 with a BAC of 0.02 or more have their license suspended by the Registrar. M.G.L. c. 90, §§ 24(1)(a)(1), 24P |
| Michigan | 0.08 for operating while intoxicated (OWI); a separate 'high BAC' offense applies at 0.17 or more. Drivers under 21 may not drive with any bodily alcohol content (0.02 up to under 0.08, or any alcohol not from a religious service). MCL 257.625(1), (6) |
| Minnesota | 0.08 for most drivers; 0.04 for commercial vehicle drivers. A driver can be arrested for DWI at 0.04 if alcohol caused driving errors. Drivers under 21 may not drive while consuming or after consuming alcohol ('Not a Drop' law). Minn. Stat. §§ 169A.20, 169A.33; Minnesota Driver's Manual ch. 8 |
| Mississippi | 0.08 for drivers of legal drinking age; 0.02 for drivers under the legal drinking age; 0.04 for commercial motor vehicle drivers. Miss. Code Ann. § 63-11-30(1)(d) |
| Missouri | 0.08 for drivers generally; 0.04 for commercial motor vehicle drivers; 0.02 for drivers under 21 (administrative suspension). RSMo §§ 577.012, 302.505 |
| Montana | 0.08 for drivers generally; 0.04 for commercial motor vehicle drivers; 0.02 for drivers under 21. 'Aggravated DUI' applies at 0.16 or more. MCA 61-8-1002, 61-8-1001 |
| Nebraska | 0.08 for drivers 21 and older. Drivers under 21 may not drive with 0.02 or more (but under 0.08). Neb. Rev. Stat. §§ 60-6,196, 60-6,211.01 |
| Nevada | 0.08 for drivers generally. For commercial motor vehicle drivers, a separate offense applies at 0.04 or more but less than 0.08. NRS 484C.110 |
| New Hampshire | 0.08 for drivers 21 and older; 0.02 for drivers under 21. RSA 265-A:2, I(b) |
| New Jersey | 0.08% or greater for adult drivers. A driver under 21 is subject to underage DUI penalties at 0.01% or higher. NJ MVC, Suspensions and Restorations (DUI) |
| New Mexico | 0.08% for adult drivers; 0.02% for drivers under 21. New Mexico Driver Manual |
| New York | 0.08 for DWI; driving while ability impaired (DWAI) applies at more than 0.05 but less than 0.07 or other evidence of impairment; aggravated DWI at 0.18 or higher. Commercial drivers: 0.04. Drivers under 21: 'zero tolerance' at 0.02 to 0.07. NY DMV, Penalties for Alcohol or Drug-Related Violations |
| North Carolina | 0.08 for impaired driving (or any amount of a Schedule I controlled substance); 0.04 for commercial vehicle drivers; drivers under 21 may not drive with any alcohol or controlled substance remaining in the body. N.C. Gen. Stat. §§ 20-138.1, 20-138.2, 20-138.3 |
| North Dakota | 0.08 for drivers generally; for commercial motor vehicle drivers, a test result of 0.04 or more triggers commercial-license consequences; 0.02 for drivers under 21 (administrative license suspension). N.D. Cent. Code §§ 39-08-01(1)(a), 39-06.2-10.2, 39-20-04.1 |
| Ohio | 0.08 breath/blood alcohol for drivers generally. For drivers under 21, it is a separate offense to drive with at least 0.02 but less than 0.08. Ohio Rev. Code § 4511.19(A)(1), (B) |
| Oklahoma | 0.08 or more blood or breath alcohol within two hours of arrest is DUI. Drivers under 21 can be charged with DUI for any measurable amount of alcohol. A separate 'driving while impaired' offense covers a concentration over 0.05 but under 0.08 when there is additional evidence of impairment or a traffic violation. A concentration of 0.15 or more is aggravated DUI. 47 O.S. § 11-902 (as summarized by the Oklahoma Highway Safety Office, Alcohol Impaired) |
| Oregon | 0.08 for drivers generally. Drivers under 21 fail the implied consent test with any amount of alcohol in the blood. ORS 813.010(1); ODOT DMV, Implied Consent |
| Pennsylvania | 0.08 for drivers 21 and older (a driver can also be convicted at a lower level if impaired). 0.02 for drivers under 21. 0.04 for commercial vehicle drivers and 0.02 for school bus drivers (those levels trigger 'high rate' penalties). 75 Pa.C.S. § 3802; PA Driver's Manual ch. 4 |
| Rhode Island | 0.08 for drivers generally. R.I. Gen. Laws § 31-27-2(b)(1) |
| South Carolina | 0.08 or more is the separate offense of driving with an unlawful alcohol concentration; DUI can also be charged when the driver's faculties are materially and appreciably impaired. Drivers under 21 face DMV suspension at 0.02 or more. S.C. Code §§ 56-5-2933(A), 56-5-2930(A), 56-1-286(A) |
| South Dakota | 0.08 for drivers generally. For drivers under 21, driving with 0.02 or more (or after consuming marijuana or a non-prescribed controlled substance while evidence remains in the body) is a Class 2 misdemeanor. SDCL §§ 32-23-1, 32-23-21 |
| Tennessee | 0.08% or more for drivers 21 and older; 0.04% or more when driving a commercial motor vehicle; 0.02% or more for drivers under 21. A driver can also be convicted of DUI for being impaired by any intoxicant or drug, whatever the alcohol level. For drivers 18 to 20, driving at 0.02% or more is a Class A misdemeanor carrying a one-year license suspension and a $250 fine. Tenn. Code Ann. §§ 55-10-401, 55-10-415 |
| Texas | 0.08 for drivers generally ('intoxicated' includes an alcohol concentration of 0.08 or more). Drivers under 21 commit an offense with any detectable amount of alcohol. Tex. Penal Code § 49.01; Tex. Alco. Bev. Code § 106.041 |
| Utah | 0.05 for drivers generally (blood or breath alcohol). Drivers under 21 may not drive with any measurable alcohol. Utah Code §§ 41-6a-502(1), 53-3-231(2)(a) |
| Vermont | 0.08 for drivers generally; 0.04 for commercial vehicle drivers; 0.02 for school bus drivers. 23 V.S.A. § 1201(a)(1) |
| Virginia | 0.08 for drivers generally. For drivers under 21, driving after illegally consuming alcohol with 0.02 or more (but under 0.08) is a separate Class 1 misdemeanor. Va. Code §§ 18.2-266, 18.2-266.1 |
| Washington | 0.08 alcohol concentration within two hours of driving (or THC of 5.00 or more). Drivers under 21 are guilty of a separate offense at 0.02 or more. RCW 46.61.502(1), 46.61.503(1) |
| West Virginia | 0.08 for drivers generally ('impaired state' includes an alcohol concentration of 0.08 or more). Drivers under 21 commit a separate offense at 0.02 or more but under 0.08. W. Va. Code § 17C-5-2(a), (j) |
| Wisconsin | 0.08 for drivers with two or fewer prior OWI convictions, suspensions, or revocations; more than 0.02 for drivers with three or more priors (or under an ignition interlock order). Drivers under the legal drinking age (21) may not drive with any alcohol concentration above 0.0. Wis. Stat. §§ 340.01(46m), 346.63(1), (2m) |
| Wyoming | 0.08 for drivers generally (including within two hours after driving following a lawful arrest). Drivers under 21 are suspended at 0.02 or more. Wyo. Stat. § 31-5-233(b); WYDOT, A Guide to Driving Privilege Withdrawals |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.