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.
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" LawAlabama
.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
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.
