Legal Blood Alcohol Limit By State

What is the Legal Limit in your State?

In every state, it is a crime to operate a motor vehicle while under the influence of alcohol or drugs; however, drunk driving penalties differ by state.

Depending on where you live, your state may impose enhanced DUI penalties for certain BAC levels.

Many states have also enacted zero tolerance laws for underage drinking and driving, but zero doesn't always mean zero. In some states, zero means .01% or greater and in others is means .02% or greater. In a few states, zero actually means zero.

If you've been charged with a DUI, get a free DUI case evaluation by a local drunk driving lawyer:

The quick reference chart below will let you know the BAC limit in your state for you to be charged with a DUI or DWI.

State Per-se BAC Level Zero Tolerance
BAC Level
BAC Level*
Alabama DUI 0.08 0.02 0.15
Alaska DUI 0.08 0.00 0.15
Arizona DUI 0.08 0.00 0.15
Arkansas DWI 0.08 0.02 0.15
California DUI 0.08 0.01 0.15
Colorado DUI 0.08 0.02 0.17
Connecticut OWI 0.08 0.02 0.16
Delaware DUI 0.08 0.02 0.16
DC DUI 0.08 0.00 0.20
Florida DUI 0.08 0.02 0.20
Georgia DUI 0.08 0.02 0.15
Hawaii DUI 0.08 0.02 N/A
Idaho DUI 0.08 0.02 0.20
Illinois DUI 0.08 0.00 0.16
Indiana DUI 0.08 0.02 0.15
Iowa OWI 0.08 0.02 0.15
Kansas DUI 0.08 0.02 0.15
Kentucky DUI 0.08 0.02 0.18
Louisiana DWI 0.08 0.02 0.15
Maine OUI 0.08 0.00 0.15
Maryland DUI 0.08 0.00 0.15
Massachusetts OUI 0.08 0.02 0.20
Michigan DWI 0.08 0.00 0.17
Minnesota DWI 0.08 0.00 0.20
Mississippi DUI 0.08 0.02 N/A
Missouri DWI 0.08 0.02 0.15
Montana DUI 0.08 0.02 0.16
Nebraska DUI 0.08 0.02 0.18
Nevada DUI 0.08 0.02 0.18
New Hampshire DUI 0.08 0.02 0.16
New Jersey DWI 0.08 0.01 0.15
New Mexico DUI 0.08 0.02 0.16
New York DWI 0.08 0.02 0.18
North Carolina DWI 0.08 0.00 0.16
North Dakota DUI 0.08 0.02 0.18
Ohio DUI 0.08 0.02 0.17
Oklahoma DUI 0.08 0.00 0.15
Oregon DUI 0.08 0.00 0.15
Pennsylvania DUI 0.08 0.00 0.16
Rhode Island DUI 0.08 0.02 0.15
South Carolina DUI 0.08 0.02 0.15
South Dakota DUI 0.08 0.02 0.17
Tennessee DUI 0.08 0.02 0.20
Texas DWI 0.08 0.00 0.15
Utah DUI 0.08 0.00 0.16
Vermont OWI 0.08 0.02 0.16
Virginia DUI 0.08 0.02 0.15
Washington DUI 0.08 0.02 0.15
West Virginia DUI 0.08 0.02 0.15
Wisconsin DUI 0.08 0.00 0.17
Wyoming DUI 0.08 0.02 0.15

*N/A - No specific enhanced penalty statute.

Note: This list is for illustrative purposes only and is not legal advice. For the latest information on these DUI laws, consult a local DUI attorney. State BAC levels were last updated as of April 2013; However, please keep in mind that laws may have changed since our last update. This chart is for general informational purposes only and cannot be relied upon as legal advice.

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