BAC Limits by State

BAC limits by country: USA  ·  Canada  ·  Australia  ·  United Kingdom  ·  Ireland  ·  India

• 49 states + DC 0.08%
• Utah 0.05%
• Commercial drivers (all states) 0.04%
• Under 21 0.00–0.02%

Understanding the Table

Each state has multiple BAC thresholds that trigger different legal consequences:

• Standard (DUI/DWI) — The per-se legal limit for adult drivers. Driving at or above this BAC is illegal regardless of observed impairment.
• Under 21 (Zero Tolerance) — Most states set a near-zero limit for underage drivers. Any detectable alcohol can result in license suspension.
• Enhanced/Aggravated — A higher BAC threshold that triggers increased penalties: longer license suspension, mandatory jail time, higher fines, or felony charges.
• DWAI — Driving While Ability Impaired. Colorado (0.05%), New York (0.07%) and Maryland (0.07% DWI, prima facie) have a separate, lower offense category below the standard DUI limit.

All 50 States & DC

Data based on state statutes as of September 2026 (last legal-data review: 19 September 2026). All states also enforce a federal 0.04% limit for commercial vehicle drivers (CDL holders).

Key Differences Between States

Utah Stands Alone at 0.05%

Since December 2018, Utah has the lowest standard BAC limit in the nation at 0.05%. For a 160 lb male, that’s roughly 2 standard drinks in one hour. Every other state and DC uses 0.08%.

DWAI: Colorado, New York & Maryland

Most states have a single threshold: you’re either DUI or you’re not. Colorado, New York and Maryland are different — they have an intermediate offense below the full DUI limit. In Colorado, you can be charged with DWAI (Driving While Ability Impaired) at 0.05%, and in New York at 0.07%. Maryland’s DWI offense works the same way: a BAC of at least 0.07% is prima facie evidence of impaired driving, even though the DUI threshold is 0.08%. Alcophone uses the lower figure as your effective limit in these three states.

Enhanced Penalties Vary Widely

The BAC level that triggers enhanced (aggravated) DUI penalties ranges from 0.10% (New Jersey, Pennsylvania, Rhode Island) to 0.20% (DC, Idaho, Massachusetts, Tennessee). Higher penalties typically mean mandatory minimum jail time, longer license suspensions, and potential felony charges.

Zero Tolerance Means Different Things

All states have zero-tolerance laws for drivers under 21, but the actual threshold varies. Some states set it at true zero (0.00%) — in Texas and Oklahoma the statute says “any detectable amount” — while most allow up to 0.02% to account for mouthwash, medication, and measurement error. California and New Jersey set theirs at 0.01%. Note that this is an age-based rule: it applies to drivers under 21, not to learner or provisional licence holders.

Implied Consent

All 50 states and DC have implied consent laws. By driving on public roads, you automatically consent to BAC testing (breath, blood, or urine) if lawfully arrested for suspected DUI. Refusing a test typically results in immediate license suspension — often for a longer period than a first-offense DUI.

Frequently Asked Questions

What is the legal BAC limit in the United States?

0.08% in 49 states and DC, and 0.05% in Utah. Commercial drivers are held to 0.04% in every state, and drivers under 21 to between 0.00% and 0.02% depending on the state. Colorado, New York and Maryland add a lesser offense below 0.08%.

Can you be charged with DUI under 0.08%?

Yes. At 0.08% you are guilty without any further proof of impairment, but an officer can arrest you at any BAC if your driving or behavior shows impairment. Colorado (0.05%), New York (0.07%) and Maryland (0.07%) have a separate lower offense, and drivers under 21 face zero-tolerance limits. See New driver? Your BAC limit might be zero and what 0.05 and 0.08 actually feel like.

How many drinks put you at 0.08%?

That depends on your weight, sex and body composition more than on any rule of thumb. On the BAC chart, a 160 lb man is at about 0.07% after three drinks in an hour and 0.094% after four; a 140 lb woman passes 0.08% on her third. For your own estimate, with your state’s limit applied, use the free BAC calculator.

What are the BAC limits in other countries?

Mostly lower. Canada’s criminal limit is 0.08%, but most provinces impose roadside penalties from 0.05%. Australia uses 0.05% nationwide, the UK 0.08% in England, Wales and Northern Ireland and 0.05% in Scotland, India 0.03% and Ireland 0.05%. Full tables: Canada, Australia, United Kingdom, India and Ireland; the side-by-side comparison is in BAC limits around the world.

Alcophone Has Your State Built In

When you set up Alcophone, you select your state. The app automatically applies your state’s legal limit to every BAC calculation, so your risk level and warnings are always calibrated to your local law — including Utah’s stricter 0.05% limit.