BAC Limits by State: DUI Laws in All 50 US States (2026)
Alex Harmon · Updated June 2026 · Reviewed for accuracy
Updated June 2026 · 12 min read
Federal law sets 0.08% as the standard blood alcohol content (BAC) limit for driving, but DUI laws vary significantly by state. Utah stands alone at 0.05% — the strictest standard limit in the nation. Beyond the legal threshold itself, penalties diverge sharply: fines range from $100 to over $6,000, jail time from zero days to 2.5 years, and license suspensions from 15 days to 12 months — all for a first offense. Understanding your state's specific DUI laws can be the difference between a minor traffic matter and a criminal conviction that follows you for years. This guide covers the legal BAC limit, under-21 zero-tolerance rules, and first-offense penalties for all 50 states plus Washington DC, updated for 2026.
Key Facts at a Glance
- 49 states + DC use the 0.08% standard BAC limit for adult drivers
- Utah uses 0.05% — the lowest legal BAC limit in the US (since December 2018)
- All states enforce 0.00%–0.02% for drivers under 21 (zero-tolerance laws)
- All states enforce 0.04% for commercial (CDL) drivers — a federal requirement
- All 50 states have implied consent laws — refusal carries its own penalties
Utah: Strictest State in the US
Utah lowered its BAC limit from 0.08% to 0.05% in December 2018, making it the strictest standard DUI threshold in the country. At 150 lbs (68 kg), a man can reach 0.05% BAC with just one standard drink. Women and lighter individuals reach the limit even faster. Several other states — including Washington, New York, and Hawaii — have introduced legislation to follow Utah's lead, though none have passed a lower limit as of 2026.
DUI Laws — All 50 States + Washington DC
Use the search box to find your state instantly. The table covers standard BAC limit, under-21 zero-tolerance threshold, first-offense fine range, first-offense jail exposure, license suspension period, and ignition interlock device (IID) requirement for a first conviction.
| State | BAC Limit | Under 21 | 1st Offense Fine | 1st Offense Jail | License Suspension | Ignition Interlock |
|---|---|---|---|---|---|---|
| AlabamaView Guide → | 0.08% | 0.02% | Up to $2,100 | Up to 1 year | 90 days | Not required 1st |
| AlaskaView Guide → | 0.08% | 0.00% | $1,500 min | 72 hours min | 90 days | Required |
| ArizonaView Guide → | 0.08% | 0.00% | $1,250+ | 24 hours min | 90 days | Required |
| ArkansasView Guide → | 0.08% | 0.02% | $150–$1,000 | 24 hours–1 year | 6 months | Optional |
| CaliforniaView Guide → | 0.08% | 0.01% | $390–$1,000 | 96 hours–6 months | 6 months | Required |
| ColoradoView Guide → | 0.08% | 0.02% | $600–$1,000 | 5 days–1 year | 9 months | Required |
| ConnecticutView Guide → | 0.08% | 0.02% | $500–$1,000 | Up to 6 months | 45 days | Required |
| DelawareView Guide → | 0.08% | 0.02% | $500–$1,500 | Up to 12 months | 12 months | Required |
| FloridaView Guide → | 0.08% | 0.02% | $500–$1,000 | Up to 9 months | 6–12 months | Required |
| GeorgiaView Guide → | 0.08% | 0.02% | $300–$1,000 | 24 hours–12 months | 1 year | Required |
| HawaiiView Guide → | 0.08% | 0.02% | $150–$1,000 | 48 hours–5 days | 1 year | Required |
| IdahoView Guide → | 0.08% | 0.02% | Up to $1,000 | Up to 6 months | 90 days | Required |
| IllinoisView Guide → | 0.08% | 0.00% | Up to $2,500 | Up to 1 year | 1 year | Required |
| IndianaView Guide → | 0.08% | 0.02% | Up to $500 | Up to 1 year | 180 days | Optional |
| IowaView Guide → | 0.08% | 0.02% | $1,250 min | 48 hours–1 year | 180 days | Required |
| KansasView Guide → | 0.08% | 0.02% | $750–$1,000 | 48 hours–6 months | 30 days | Required |
| KentuckyView Guide → | 0.08% | 0.02% | $200–$500 | 48 hours–30 days | 30–120 days | Required |
| LouisianaView Guide → | 0.08% | 0.02% | $300–$1,000 | Up to 6 months | 90 days | Required |
| MaineView Guide → | 0.08% | 0.00% | $500 min | Up to 1 year | 150 days | Required |
| MarylandView Guide → | 0.08% | 0.02% | Up to $1,000 | Up to 1 year | 45 days | Required |
| MassachusettsView Guide → | 0.08% | 0.02% | $500–$5,000 | Up to 2.5 years | 1 year | Required |
| MichiganView Guide → | 0.08% | 0.02% | $100–$500 | Up to 93 days | 30 days | Optional |
| MinnesotaView Guide → | 0.08% | 0.00% | Up to $1,000 | Up to 90 days | 90 days | Required |
| MississippiView Guide → | 0.08% | 0.08% | $250–$1,000 | Up to 48 hours | 90 days | Not required 1st |
| MissouriView Guide → | 0.08% | 0.02% | Up to $500 | Up to 6 months | 30 days | Required |
| MontanaView Guide → | 0.08% | 0.02% | $600–$1,000 | 24 hours–6 months | 6 months | Required |
| NebraskaView Guide → | 0.08% | 0.02% | $500 | Up to 60 days | 6 months | Required |
| NevadaView Guide → | 0.08% | 0.02% | $400–$1,000 | 2 days–6 months | 90 days | Required |
| New HampshireView Guide → | 0.08% | 0.02% | $500 min | Up to 1 year | 9 months | Required |
| New JerseyView Guide → | 0.08% | 0.01% | $250–$400 | Up to 30 days | 3 months | Required |
| New MexicoView Guide → | 0.08% | 0.02% | Up to $500 | Up to 90 days | 1 year | Required |
| New YorkView Guide → | 0.08% | 0.02% | $500–$1,000 | Up to 1 year | 6 months | Required |
| North CarolinaView Guide → | 0.08% | 0.00% | $200–$4,000 | 24 hours–2 years | 1 year | Required |
| North DakotaView Guide → | 0.08% | 0.02% | $750 min | Up to 30 days | 91 days | Required |
| OhioView Guide → | 0.08% | 0.02% | $375–$1,075 | 3 days–6 months | 90 days–3 years | Required |
| OklahomaView Guide → | 0.08% | 0.00% | Up to $1,000 | Up to 1 year | 180 days | Required |
| OregonView Guide → | 0.08% | 0.00% | Up to $6,250 | Up to 1 year | 1 year | Required |
| PennsylvaniaView Guide → | 0.08% | 0.02% | $300 min | Up to 6 months | 12 months | Required |
| Rhode IslandView Guide → | 0.08% | 0.02% | $100–$300 | Up to 1 year | 3 months | Required |
| South CarolinaView Guide → | 0.08% | 0.02% | $400–$992 | Up to 30 days | 6 months | Required |
| South DakotaView Guide → | 0.08% | 0.02% | Up to $1,000 | Up to 1 year | 30 days | Not required 1st |
| TennesseeView Guide → | 0.08% | 0.02% | $350–$1,500 | 48 hours–11 months | 1 year | Required |
| TexasView Guide → | 0.08% | 0.00% | Up to $2,000 | 3 days–6 months | 90 days | Required |
| UtahView Guide → | 0.05% | 0.00% | $1,310 min | Up to 180 days | 120 days | Required |
| VermontView Guide → | 0.08% | 0.02% | Up to $750 | Up to 2 years | 90 days | Required |
| VirginiaView Guide → | 0.08% | 0.02% | $250 min | Up to 1 year | 1 year | Required |
| WashingtonView Guide → | 0.08% | 0.02% | $350–$5,000 | 24 hours–1 year | 90 days | Required |
| Washington DCView Guide → | 0.08% | 0.00% | Up to $1,000 | Up to 180 days | 6 months | Required |
| West VirginiaView Guide → | 0.08% | 0.02% | $100–$500 | Up to 6 months | 15–45 days | Required |
| WisconsinView Guide → | 0.08% | 0.00% | $150–$300 | No jail 1st offense | 6–9 months | Required |
| WyomingView Guide → | 0.08% | 0.02% | Up to $750 | Up to 6 months | 90 days | Required |
Note: Penalties represent statutory ranges for a first-offense standard DUI. Actual penalties depend on BAC level, circumstances, prior record, and judicial discretion. Fines may exclude court costs, assessments, and attorney fees. Always consult a licensed attorney for legal advice specific to your situation.
States With Notable DUI Laws
While the 50-state table gives you the numbers at a glance, several states stand out for rules or penalties that are significantly different from the national norm.
The only state with a standard BAC limit below 0.08%. Since December 2018, Utah has enforced the strictest DUI threshold in the US. One standard drink — 12 oz beer, 5 oz wine, or 1.5 oz spirits — can put a 130 lb woman at or above 0.05%. The law applies the same penalties at 0.05% that other states apply at 0.08%.
The only state with no separate zero-tolerance law for drivers under 21. Mississippi applies the same 0.08% BAC standard to all drivers regardless of age, making it unique among all 50 states. Every other state enforces a lower limit — typically 0.00% or 0.02% — for underage drivers.
The only state in the US where a first DUI offense carries no mandatory jail time — it's treated as a civil forfeiture rather than a criminal charge on the first offense. Fines are also among the lowest in the nation ($150–$300). A second offense, however, becomes a criminal misdemeanor.
Oregon has among the highest maximum fines for a first DUI offense in the country — up to $6,250, more than double the next highest states. The fine structure in Oregon is tied to a mandatory minimum fine schedule based on BAC level and aggravating factors.
Massachusetts allows up to 2.5 years of imprisonment for a first-offense DUI — the longest maximum sentence of any US state. Combined with fines up to $5,000 and a mandatory one-year license revocation, Massachusetts is consistently ranked among the harshest DUI states in the country.
California enforces the strictest under-21 BAC threshold in the country at just 0.01% — essentially zero tolerance. Any detectable alcohol in an underage driver's system is treated as a violation. California also requires ignition interlock devices on all first-offense DUI convictions statewide.
Commercial Driver Limits (CDL)
All 50 states and Washington DC enforce a 0.04% BAC limit for commercial driver's license (CDL) holders operating commercial motor vehicles — exactly half the standard adult limit. This is a federal requirement under 49 CFR Part 382, and states have no discretion to raise it.
The consequences for CDL holders are severe and career-ending:
- First offense: Minimum one-year CDL disqualification — even if the driver was operating a personal vehicle at the time
- Transporting hazardous materials: First offense results in a minimum three-year CDL disqualification
- Second offense: Lifetime CDL disqualification (may be reduced to 10 years after 10 years in some states)
- Refusal to test: Treated the same as a failed test under federal rules
CDL holders should be aware that even a DUI in a personal vehicle — not a commercial vehicle — triggers CDL disqualification in most states. The federal standard applies to the license, not the vehicle being driven.
Aggravated DUI Thresholds
Standard DUI penalties apply when a driver's BAC is at or slightly above the legal limit. Most states have created a second, more serious tier — often called "aggravated DUI," "extreme DUI," or "super drunk" — for drivers who are significantly more impaired.
Common aggravated DUI thresholds by state:
- 0.15% or higher: The most common aggravated threshold, used by states including Arizona, Florida, Georgia, Illinois, Minnesota, Tennessee, and Texas
- 0.16% or higher: Used in Michigan (the "Super Drunk" law), Pennsylvania, and several others
- 0.20% or higher: Some states use a third tier for extreme impairment
Arizona's aggravated DUI at 0.15% carries a mandatory 30-day jail sentence — even on a first offense. Michigan's Super Drunk law at 0.17% doubles the maximum fine and adds 45 days of restricted driving. These enhanced penalties exist because crash risk at higher BAC levels is substantially greater: at 0.15%, crash risk is roughly 12 times higher than at 0.08%.
Implied Consent — All 50 States
Every state in the US has an implied consent law. The legal principle is straightforward: by obtaining a driver's license and operating a vehicle on public roads, you have already — implicitly — consented to BAC testing when lawfully stopped by a law enforcement officer. You cannot withdraw that consent retroactively.
What refusal means in practice varies by state, but common consequences include:
- Immediate license suspension: Typically 1 year for a first refusal, regardless of whether you are convicted of DUI
- Admissibility in court: In most states, the fact that you refused testing can be introduced as evidence of consciousness of guilt
- Mandatory blood draw: Some states — including Missouri after the McNeely case — allow officers to seek warrants for compelled blood draws. Several states have passed warrantless blood draw laws for serious crashes
- Longer suspension than DUI itself: In some states, a refusal suspension is longer than the suspension for a first-offense DUI conviction
Breath test refusal does not make a DUI charge disappear. Officers can still testify to observed impairment, field sobriety test performance, and other evidence. Refusal simply removes one piece of data — your measured BAC — and adds another consequence on top of any DUI charge.
Want to check your BAC before driving? Use our free calculator — it only takes 30 seconds.
Calculate My BAC NowFrequently Asked Questions
Utah has the lowest standard BAC limit in the United States, at 0.05% since December 2018. All other 49 states and Washington DC use the 0.08% federal standard for adult drivers.
No. 49 states and Washington DC use 0.08% as the standard BAC limit for drivers 21 and older. Utah uses 0.05%. All states use 0.04% for commercial (CDL) drivers, which is a federal requirement. For drivers under 21, limits range from 0.00% (true zero tolerance) to 0.02% depending on the state. Mississippi is the only state that applies the same 0.08% limit to underage drivers as adults.
The DUI conviction typically transfers to your home state through the Interstate Driver's License Compact (IDLC), which most states participate in. This means a DUI in another state will generally affect your home state driver's license, driving record, and insurance rates. Your home state may impose its own suspension and penalty rules on top of the state where the DUI occurred. A few states — Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin — are not full IDLC members, though information-sharing still occurs through the Non-Resident Violator Compact in most cases.
Arizona and Massachusetts are consistently cited as having the strictest first-offense DUI laws in the US. Arizona requires mandatory jail time and ignition interlock device installation on the first offense. Massachusetts allows up to 2.5 years of imprisonment for a first DUI — one of the longest potential sentences in the country — along with fines up to $5,000. Arizona also has a separate extreme DUI law at 0.15% BAC with mandatory 30-day jail time.
Legally yes in most states — a BAC below 0.08% is not automatically a DUI in 49 states. However, you can still be arrested and charged with DUI if a law enforcement officer determines you are impaired, regardless of your measured BAC. This is called a per se DUI (based purely on BAC) versus an impairment-based DUI (based on observed behavior). Utah is the exception: a BAC between 0.05% and 0.079% is automatically illegal there under the state's lower limit. Additionally, some states have a lower "driving while ability impaired" (DWAI) charge — such as Colorado at 0.05% — that carries lesser but still significant penalties.
Related Articles
Facing a DUI Charge?
A DUI conviction costs $10,000–$25,000 on average. An experienced DUI attorney may be able to challenge the breathalyzer result, question the stop, or negotiate reduced charges — potentially saving far more than their fee.
FIND A DUI ATTORNEY →Use our DUI Cost Calculator to estimate your total costs.