The federal limit to legally drive in the United States is a blood alcohol content (BAC) of 0.08%. But drunk driving penalties are a lot like real estate values — it all comes down to location, location, location. Before you even think of getting behind the wheel after having just one drink, you should know the DUI laws of your state.
Even if you do not feel the effects of alcohol, your blood alcohol content may exceed your state's legal limit because everyone's body and alcohol tolerance is different.
Chart: Blood Alcohol Content By State
As seen in the chart below, some similarities are shared across the board. State DUI laws, however, vary across the country.
For example, while the blood alcohol content (BAC) levels are all .08, the punishments vary widely. Arizona, Tennessee, and Georgia are among the states with mandatory jail time for first offenders. On the other hand, California, Connecticut, and Indiana don't have such a requirement. Then there is Wisconsin, where a first-offense drunken driving isn't even a crime. It's a civil infraction that results in a ticket.
A note on terms in the table below: Per se BAC is the the level of blood alcohol content that means you are intoxicated under the law. Zero tolerance BAC refers to the level of intoxication considered illegal for drivers under 21. Enhanced penalty BAC is the BAC at which someone will face worse penalties. Finally, in implied consent law states, motorists are assumed to have given their consent to have their BAC tested.
State |
"Per Se" BAC Level |
"Zero Tolerance" BAC Level |
Enhanced Penalty BAC Level |
"Implied Consent" Law |
Alabama
|
.08
|
.02
|
--
|
Yes
|
Alaska
|
.08
|
.00
|
.15
|
Yes
|
Arizona
|
.08
|
.00
|
.15
|
Yes
|
Arkansas
|
.08
|
.02
|
.15
|
Yes
|
California
|
.08
|
.02
|
.16
|
Yes
|
Colorado
|
.08
|
.02
|
.17
|
Yes
|
Connecticut
|
.08
|
.02
|
.16
|
Yes
|
Delaware
|
.08
|
.02
|
.15
|
Yes
|
District of Columbia
|
.08
|
.00
|
.15
|
Yes
|
Florida
|
.08
|
.02
|
.15
|
Yes
|
Georgia
|
.08
|
.02
|
.15
|
Yes
|
Hawaii
|
.08
|
.02
|
.15
|
Yes
|
Idaho
|
.08
|
.02
|
.20
|
Yes
|
Illinois
|
.08
|
.00
|
.16
|
Yes
|
Indiana
|
.08
|
.02
|
.15
|
Yes
|
Iowa
|
.08
|
.02
|
.15
|
Yes
|
Kansas
|
.08
|
.02
|
.15
|
Yes
|
Kentucky
|
.08
|
.02
|
.18
|
Yes
|
Louisiana
|
.08
|
.02
|
.15
|
Yes
|
Maine
|
.08
|
.00
|
.15
|
Yes
|
Maryland
|
.08
|
.02
|
--
|
Yes
|
Massachusetts
|
.08
|
.02
|
.20
|
Yes
|
Michigan
|
.08
|
.02
|
.17
|
Yes
|
Minnesota
|
.08
|
.00
|
.16
|
Yes
|
Mississippi
|
.08
|
.02
|
--
|
Yes
|
Missouri
|
.08
|
.02
|
.15
|
Yes
|
Montana
|
.08
|
.02
|
--
|
Yes
|
Nebraska
|
.08
|
.02
|
.15
|
Yes
|
Nevada
|
.08
|
.02
|
.18
|
Yes
|
New Hampshire
|
.08
|
.02
|
.18
|
Yes
|
New Jersey
|
.08
|
.01
|
.10
|
Yes
|
New Mexico
|
.08
|
.02
|
.16
|
Yes
|
New York
|
.08
|
.02
|
.18
|
Yes
|
North Carolina
|
.08
|
.00
|
.15
|
Yes
|
North Dakota
|
.08
|
.02
|
.18
|
Yes
|
Ohio
|
.08
|
.02
|
.17
|
Yes
|
Oklahoma
|
.08
|
.02
|
.17
|
Yes
|
Oregon
|
.08
|
.00
|
--
|
Yes
|
Pennsylvania
|
.08
|
.02
|
.16
|
Yes
|
Rhode Island
|
.08
|
.02
|
.15
|
Yes
|
South Carolina
|
.08
|
.02
|
.16
|
Yes
|
South Dakota
|
.08
|
.02
|
.17
|
Yes
|
Tennessee
|
.08
|
.02
|
.20
|
Yes
|
Texas
|
.08
|
.02
|
.15
|
Yes
|
Utah
|
.05
|
.02
|
.16
|
Yes
|
Vermont
|
.08
|
.02
|
--
|
Yes
|
Virginia
|
.08
|
.02
|
.15
|
Yes
|
Washington
|
.08
|
.02
|
.15
|
Yes
|
West Virginia
|
.08
|
.02
|
.15
|
Yes
|
Wisconsin
|
.08
|
.02
|
.15
|
Yes
|
Wyoming
|
.08
|
.02
|
.15
|
Yes
|
Regardless of Your State's DUI Laws, an Attorney Can Help You
DUI (or DWI, OUI, etc.) laws vary from state to state, including the license suspension procedure and penalties upon conviction. Even though the thought of hiring an attorney can be daunting, having experienced counsel by your side can make a huge difference. Don't delay; contact a local DUI attorney today.