What is the legal blood alcohol limit for adult drivers, state by state?
Every state’s answer, and the District of Columbia’s, from its own manual or code: 46 have a rule on this, quoted below with where it is written; 5 say nothing on it.
Statutes fetched between 7 and 8 October 2026; manuals fetched between 6 September and 4 October 2026. How the answers are made
| State | The rule | Where it is written | As of |
|---|---|---|---|
| Alabama | Under Alabama law it is unlawful to drive with a blood alcohol concentration of .08 percent or more, or while under the influence of alcohol. | Alabama Driver Manual, p.33 | 14 Sep 2026 |
| Alaska | If you operate a motor vehicle in Alaska with a breath or blood alcohol concentration of .08 or more, by law you are presumed to be driving under the influence. | Alaska Driver Manual, p.20 | 14 Sep 2026 |
| Arizona | Being under the 0.08 BAC legal limit does not mean it is legal or safe for you to drive; you can still be arrested for DUI. | Arizona Driver License Manual and Customer Service Guide, p.60 | 14 Sep 2026 |
| Arkansas | In Arkansas, you will be arrested for driving while intoxicated with an alcohol concentration of 0.08% or more in the breath or blood. | Arkansas Driver License Study Guide, p.74 | 4 Oct 2026 |
| California | It is illegal to drive if you have a blood alcohol concentration of 0.08% or higher and you are over 21 years old. | California Driver’s Handbook, p.73 | 14 Sep 2026 |
| Colorado | A driver may be convicted of DUI per se if their blood alcohol concentration is greater than 0.08%. | Colorado Driver Handbook, p.3 | 14 Sep 2026 |
| Connecticut | (a) Operation while under the influence or while having an elevated blood alcohol content. Definitions. No person shall operate a motor vehicle while under the influence of intoxicating liquor or any drug or both. A person commits the offense of operating a motor vehicle while under the influence of intoxicating liquor or any drug or both if such person operates a motor vehicle (1) while under the influence of intoxicating liquor or any drug or both, or (2) while such person has an elevated blood alcohol content. For the purposes of this section, “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, except that if such person is operating a commercial motor vehicle, “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is four-hundredths of one per cent or more of alcohol, by weight, and “motor vehicle” includes a snowmobile and all-terrain vehicle, as those terms are defined in section 14-379. For purposes of this section, section 14-227b and section 14-227c, (A) “advanced roadside impaired driving enforcement” means a program developed by the National Highway Traffic Safety Administration with the International Association of Chiefs of Police and the Technical Advisory Panel, which focuses on impaired driving enforcement education for police officers, or any successor to such program; (B) “drug influence evaluation” means an evaluation developed by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police that is conducted by a drug recognition expert to determine the level of a person's impairment from the use of drugs and the drug category causing such impairment; (C) “drug recognition expert” means a person certified by the International Association of Chiefs of Police as having met all requirements of the International Drug Evaluation and Classification Program; and (D) “nontestimonial portion of a drug influence evaluation” means a drug influence evaluation conducted by a drug recognition expert that does not include a verbal interview with the subject. | Connecticut law, Conn. Gen. Stat. § 14-227a(a) | 7 Oct 2026 |
| Delaware | In Delaware, a BAC of .08 or greater, or the presence of any illicit or recreational drug, is conclusive evidence that a driver is under the influence. | Delaware Driver Manual, p.50 | 14 Sep 2026 |
| District of Columbia | (9) “Intoxicated” means: (A) Except as provided in subparagraph (B) of this paragraph, that: (i) An alcohol concentration at the time of testing of 0.08 grams or more per 100 milliliters of the person’s blood or per 210 liters of the person’s breath, or of 0.10 grams or more per 100 milliliters of the person’s urine; or (ii) Any measurable amount of alcohol in the person’s blood, urine, or breath if the person is under 21 years of age. (B) If operating or in physical control of a commercial vehicle, that: (i) An alcohol concentration at the time of testing of 0.04 grams or more per 100 milliliters of the person’s blood or per 210 liters of the person’s breath, or of 0.08 grams or more per 100 milliliters of the person’s urine; or (ii) Any measurable amount of alcohol in the person’s blood, urine, or breath if the person is under 21 years of age. | District of Columbia law, D.C. Code § 50-2206.01(9) | 7 Oct 2026 |
| Florida | Your license is administratively suspended at the time of arrest if your breath or blood alcohol level is .08 or above. | Official Florida Driver License Handbook, p.25 | 14 Sep 2026 |
| Georgia | A driver of 21 or over in Georgia is under the influence of alcohol at 0.08 grams or more by alcohol weight in the blood. | Georgia Driver's Manual, p.56 | 18 Sep 2026 |
| Hawaii | In Hawaii a driver is considered under the influence of alcohol with a blood alcohol content of .08 percent or more. | State of Hawaii Driver’s Manual, p.56 | 14 Sep 2026 |
| Idaho | Under Idaho law you are driving under the influence if your blood-alcohol concentration is .08 or more and you are 21 or older. | July 2026 Idaho Driver's Handbook, p.131 | 14 Sep 2026 |
| Illinois | It is illegal to drive in Illinois with a blood-alcohol concentration of .08% or more. | Illinois Rules of the Road 2026, p.48 | 14 Sep 2026 |
| Indiana | In Indiana it is a crime to drive while intoxicated or with a blood alcohol concentration over the legal limit of .08. | Indiana Driver's Manual, p.23 | 14 Sep 2026 |
| Iowa | Operating while intoxicated (OWI) means driving with a blood alcohol concentration (BAC) of .08 or higher. | Iowa Driver's License Manual, p.37 | 14 Sep 2026 |
| Kansas | A driver found to have .08 blood alcohol concentration or higher is in violation of Kansas law. | Kansas Driving Handbook, p.23 | 14 Sep 2026 |
| Kentucky | (a) Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle; | Kentucky law, KRS 189A.010(1)(a) | 7 Oct 2026 |
| Louisiana | In Louisiana, the legal blood alcohol limit for a driver 21 years of age or older is .08. | Class D & E Driver's Guide, p.123 | 14 Sep 2026 |
| Maine | In Maine, driving with an alcohol level of 0.08 grams per 100 milliliters of blood or 210 liters of breath is the criminal offense of operating under the influence (OUI). | Maine Driver’s License Manual, p.31 | 4 Oct 2026 |
| Maryland | Maryland considers drivers to be driving under the influence of alcohol when their blood alcohol concentration is .08 or higher. | Maryland Driver's Manual, p.33 | 6 Sep 2026 |
| Massachusetts | You are operating above the legal limit if you have a blood alcohol content of 0.08 or higher. | Massachusetts Driver's Manual, p.73 | 14 Sep 2026 |
| Michigan | (iii) If the person tested is not a person described in subparagraph (i) or (ii), 0.08 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under section 625(28), 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. | Michigan law, Mich. Comp. Laws § 257.625g(4)(c) | 8 Oct 2026 |
| Mississippi | A driver 21 or older is under the influence of alcohol if their BAC registers .08% or more. | Mississippi Driver's License Manual, p.78 | 4 Oct 2026 |
| Missouri | It is illegal to drive with a blood alcohol content of 0.08% or more. | Missouri Driver Guide, p.71 | 14 Sep 2026 |
| Montana | In Montana you can be arrested for driving with a blood alcohol concentration (BAC) of 0.08% or more, or for driving under the influence. | Montana Driver Manual, p.72 | 14 Sep 2026 |
| Nebraska | It is unlawful to drive on Nebraska roadways with a BAC of .08% or higher, whatever the driver's age or vehicle type. | Nebraska Driver’s Manual, p.24 | 14 Sep 2026 |
| Nevada | 1. It is unlawful for any person who: (a) Is under the influence of intoxicating liquor; (b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath, to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. | Nevada law, NRS 484C.110(1) | 8 Oct 2026 |
| New Hampshire | A driver is considered legally intoxicated if their blood alcohol concentration is .08% or higher. | New Hampshire Driver's Manual, p.6 | 14 Sep 2026 |
| New Jersey | In New Jersey it is illegal to drive with a blood alcohol concentration of 0.08 percent or higher. | New Jersey Driver Manual, p.115 | 14 Sep 2026 |
| New Mexico | Any driver can be arrested for driving with a blood alcohol content (BAC) of .08% or more. | New Mexico Driver Manual, p.29 | 4 Oct 2026 |
| New York | In New York State a driver can be arrested for aggravated driving while intoxicated, driving while intoxicated, driving with a blood alcohol content of .08 percent or more, driving while ability impaired by a drug, driving while ability impaired by alcohol, or driving under the combined influence of alcohol and drugs. | New York State Driver's Manual, p.55 | 14 Sep 2026 |
| North Carolina | (a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State: (1) While under the influence of an impairing substance; or (2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or (3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine. | North Carolina law, N.C. Gen. Stat. § 20-138.1(a) | 8 Oct 2026 |
| North Dakota | In North Dakota, a driver age 21 or older is legally under the influence with an alcohol concentration of .08% or greater. | North Dakota Noncommercial Driver License Manual, p.36 | 14 Sep 2026 |
| Ohio | It is against the law in Ohio to drive with a blood alcohol concentration of point zero eight percent or higher at any age. | Digest of Ohio Motor Vehicle Laws, p.32 | 14 Sep 2026 |
| Oregon | A driver under 21 fails the test with a blood alcohol concentration of any amount, because Oregon has a zero tolerance law; a driver 21 or over fails at 0.08 percent or more. | 2026-2027 Oregon Driver Manual, p.83 | 14 Sep 2026 |
| Pennsylvania | In Pennsylvania a driver of legal drinking age is driving under the influence if their blood alcohol level is .08 or higher. | PA Driver's Manual, p.81 | 6 Sep 2026 |
| Rhode Island | In Rhode Island, a driver of any age with a BAC of .08% or more is intoxicated and charged with Driving Under the Influence (DUI). | Rhode Island Driver’s Manual, p.61 | 14 Sep 2026 |
| South Dakota | A blood alcohol concentration of 0.08% (0.02% if under 21) or more is evidence that you were driving under the influence of alcohol. | South Dakota Driver License Manual, p.20 | 14 Sep 2026 |
| Tennessee | It is DUI in Tennessee to drive while the alcohol concentration of your blood or breath is .08 percent or higher. | Tennessee Comprehensive Driver License Manual, p.81 | 14 Sep 2026 |
| Texas | In Texas a person aged 21 and over is legally intoxicated with a blood alcohol concentration of 0.08 or more. | Texas Driver Handbook, p.55 | 14 Sep 2026 |
| Utah | A Utah driver over 0.05 blood alcohol content is in violation of the law, and the figure is 0.04 for a commercial driver. | Utah Driver Handbook 2026-2027, p.52 | 14 Sep 2026 |
| Vermont | Vermont law says a person whose blood alcohol concentration is .08 or above is under the influence, or impaired. | 2025 Vermont Driver's Manual, p.52 | 14 Sep 2026 |
| Virginia | A driver aged 21 or older is driving under the influence if their blood alcohol content is .08 percent or higher. | Virginia Driver's Manual, p.24 | 6 Sep 2026 |
| Washington | A driver aged 21 or older is considered under the influence at a blood alcohol concentration of 0.08 percent or higher. | Washington State Driver Guide, p.38 | 14 Sep 2026 |
| West Virginia | A blood alcohol content of 0.08 percent or more means a driver is presumed to be driving under the influence. | West Virginia Driver's Licensing Handbook, p.21 | 6 Sep 2026 |
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