BAC Legal Limits in the United States

Federal Standard: 0.08% BAC

All 50 states and Washington D.C. have set the legal BAC limit for drivers 21 and over at 0.08%. Utah lowered its limit to 0.05% in 2018. Driving with a BAC at or above the limit constitutes a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) depending on the state.

BAC Limits by Driver Category

Driver CategoryBAC LimitNotes
Standard (21+)0.08%All 50 states (Utah: 0.05%)
Commercial Drivers0.04%CDL holders operating commercial vehicles
Under 210.00โ€“0.02%Zero-tolerance laws; varies by state (0.00%, 0.01%, or 0.02%)
Enhanced Penalties0.15โ€“0.20%Most states impose enhanced penalties at higher BAC levels

Key Facts About DUI Laws

  • Implied consent: By obtaining a driver's license, you consent to chemical testing if an officer has reasonable suspicion of impairment.
  • Refusal penalties: Refusing a breathalyzer test can result in automatic license suspension in most states, often for 6-12 months.
  • Impairment below 0.08%: You can still be charged with DUI at any BAC level if an officer determines you are impaired.
  • DUI penalties: First offense typically includes fines ($500-$2,000), license suspension (90 days to 1 year), possible jail time, mandatory alcohol education, and increased insurance rates.
  • Utah's 0.05% limit: Since December 2018, Utah has enforced a 0.05% BAC limit, the lowest in the nation.

The safest BAC for driving is 0.00%.

Even at BAC levels below the legal limit, alcohol impairs reaction time, judgment, and coordination. If you've been drinking at all, the safest choice is to not drive.