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State BAC Levels

Operating a motor vehicle under the influence of alcohol or drugs is a crime in every state; however, state DUI laws are different.

In some states there are enhanced DUI penalties at a certain blood alcohol content, but the BAC that triggers those harsher consequences varies from state to state.

Many states have also enacted zero tolerance for underage drinking and driving policies, 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, it actually means zero.

If you've been charged with a DUI, receive 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.

StatePer-se BAC LevelZero Tolerance
BAC Level		Enhanced
Penalty
BAC Level*
Alabama DUI0.080.02N/A
Alaska DUI0.080.000.16
Arizona DUI0.080.000.15
Arkansas DWI0.080.020.15
California DUI0.080.010.15
Colorado DUI0.080.020.20
Connecticut OWI0.080.020.16
Delaware DUI0.080.020.15
DC DUI0.080.000.20
Florida DUI0.080.020.15
Georgia DUI0.080.020.15
Hawaii DUI0.080.020.15
Idaho DUI0.080.020.20
Illinois DUI0.080.000.16
Indiana DUI0.080.020.15
Iowa OWI0.080.020.15
Kansas DUI0.080.020.15
Kentucky DUI0.080.020.18
Louisiana DWI0.080.020.15
Maine OUI0.080.000.15
Maryland DUI0.080.02N/A
Massachusetts OUI0.080.020.20
Michigan DWI0.080.02N/A
Minnesota DWI0.080.000.20
Mississippi DUI0.080.02N/A
Missouri DWI0.080.020.15
Montana DUI0.080.020.18
Nebraska DUI0.080.020.15
Nevada DUI0.080.020.18
New Hampshire DUI0.080.020.16
New Jersey DWI0.080.01N/A
New Mexico DUI0.080.020.16
New York DWI0.080.020.18
North Carolina DWI0.080.000.16
North Dakota DUI 0.080.020.18
Ohio DUI0.080.020.17
Oklahoma DUI0.080.000.15
Oregon DUI0.080.00N/A
Pennsylvania DUI0.080.020.16
Rhode Island DUI0.080.020.15
South Carolina DUI 0.080.020.15
South Dakota DUI0.080.020.17
Tennessee DUI 0.080.020.20
Texas DWI 0.080.000.15
Utah DUI0.080.000.16
Vermont OWI 0.080.02N/A
Virginia DUI 0.080.020.15
Washington DUI0.080.020.15
West Virginia DUI0.080.02N/A
Wisconsin DUI0.080.000.17
Wyoming DUI 0.080.020.15

*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, speak to a local DUI lawyer. State BAC levels were last updated as of August 2009; 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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