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Knowing The DUI Limit In Your State

For the first time in 13 years, preliminary data from the National Safety Council (NSC) shows that as many as 42,060 people are estimated to have died in motor vehicle crashes in 2020, making it the deadliest year on the road since 2007.

This news is particularly surprising given that people drove far less in 2020 due to the pandemic. In fact, though mileage dropped 13% from 2019, deaths on the road were up 8%—marking the highest year-over-year jump that the NSC has calculated since 1924, or 96 years.

As restrictions continue to ease and more states begin to reopen, it’s more important than ever to know the legal driving limit in your state, and when higher percentages of blood alcohol content may lead to stiffer penalties.

To help you make safer decisions for you and your community, here is a comprehensive list of the DUI limits for those 21 years and older in each state, and other important state laws and penalties you should know:

Alabama

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalty: If your BAC is 0.15 or higher, you will be sentenced to at least double the minimum penalties than if you had less than 0.15 BAC.

Alaska

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • According to the Alaska Department of Motor Vehicles (DMV), the average cost of a first time DUI conviction is $24,265.
  • Enhanced penalties:
    • If your BAC is 0.16 or higher, you will be required to install an ignition interlock device for a minimum of six months.
    • If your BAC is 0.23 or higher, you will be required to install an ignition interlock device for a minimum of one year.

Arizona

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.15 or higher, you will face enhanced penalties under Arizona’s “driving while under the extreme influence of intoxicating liquor” law. First-time offenses include a minimum jail term of 30 days, a fine of at least $250, additional possible assessments and fines, and a driver’s license suspension period of at least 90 days.
    • If convicted of DUI three or more times within a 60-month period, Arizona’s “aggravated driving while under the influence” law takes effect, the consequences of which include facing two and a half years in prison and a driver’s license revocation period of three years.

Arkansas

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • A first-time offender whose BAC is 0.15 or great faces a license suspension of 180 days (versus 120 days with a BAC of at least 0.08 but less than 0.15), but is permitted to drive on an ignition interlock restricted license.
    • If the DUI is committed while a minor 16 years or under is in the vehicle, you will face extended jail time.

California

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.15 or higher, you will face enhanced fines, penalties, suspensions, and probations if convicted.
    • If the DUI is committed while a minor 14 years or under is in the vehicle, you will receive enhanced penalties: the original term of imprisonment is enhanced by 48 hours for first-time offenders, 10 days for a second offense, and 30 days for a third offense.
    • If the violation resulted in bodily injury to someone else, you will face additional penalties, including extended jail time, additional fines, and a longer driver’s license revocation period.

Colorado

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.17 or more, you can only receive a probationary license on the condition of the use of an interlock ignition device for one year.

Connecticut

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers

Delaware

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is between 0.15 and 0.19, you will face an extended driver’s license revocation period of 18 months (versus a period of 12 months if your BAC is between 0.08 and 0.15).
    • If your BAC is 0.20 or more, you will face an extended driver’s license revocation period of 24 months.

Florida

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a minor 18 years or under is in the vehicle, you will receive enhanced penalties, including increased jail time and fines. Enhanced penalties also include a required installation of an ignition interlock device for a minimum of six months.

Georgia

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a minor 14 years or under is in the vehicle, you will face enhanced penalties under Georgia’s “endangering a child by driving under the influence” law. Enhanced penalties include extended jail time and fines.

Hawaii

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a minor 15 years or under is in the vehicle, you will face an additional mandatory jail term of 48 hours and be required to pay an additional $500 fine.

Idaho

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If you’re a first-time offender and your BAC is over 0.20, you will face a jail term of up to one year and a fine of $2,000. In addition, your driving privileges will be suspended for a minimum of one year after release.
    • If you’re a second-time offender and your BAC is over 0.20, you will face a jail term of up to five years and a fine of $5,000. In addition, your driving privileges will be suspended for one-to-five years after release. Once the suspension period ends, you will be required to use an ignition interlock device when driving a vehicle for a time specified by your sentencing judge.

Illinois

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is greater than 0.16, you will have to pay an additional minimum fine of $500 and a mandatory minimum of 100 hours of community service. If this is your second offense, you will also face extended jail time.
    • If the DUI is committed while a minor 16 years or under is in the vehicle, you will receive enhanced penalties: an additional minimum fine of $1,000, an additional minimum 140 hours of community service (40 of which must specifically benefit children), and an additional two days of jail time.
    • If the violation resulted in bodily injury to someone else, you will face extended jail time of up to three years, and an increased fine of up to $10,000.
    • If the violation caused the death of another person and your BAC was 0.15 or higher, you will face six to 20 years years of jail time and a fine of up to $10,000.

Indiana

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is greater than 0.08 but less than 0.15, you will face jail time of up to 60 days and an increased fine of up to $500.
    • If your BAC is 0.15 or higher, you will face jail time of up to one year and an increased fine of up to $5,000.
    • If the DUI is committed while a minor 14 years or under is in the vehicle, you will receive enhanced penalties: the original term of imprisonment is enhanced by 48 hours for first-time offenders, 10 days for a second offense, and 30 days for a third offense.
    • If the violation resulted in bodily injury to someone else, you will face extended jail time of up to three years, and an increased fine of up to $10,000.
    • If the violation caused the death of another person and your BAC was 0.15 or higher, you will face six to 20 years years of jail time and a fine of up to $10,000.

Iowa

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the violation resulted in serious bodily injury to someone else, your driver’s license revocation period will be extended for an additional year.
    • If the violation caused the death of another person your driver’s license will be revoked for six years.

Kansas

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a minor 14 years or under is in the vehicle, you will face an additional one month of jail time.

Kentucky

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed under aggravating circumstances—including speeding in excess of 30 mph above the limit, driving in the wrong direction on a limited access highway, causing injury or death of another person, refusing to take a blood, breath or urine test, transporting a minor 12 years or younger, or driving with a BAC of 0.18 or above—your mandatory minimum prison term will be increased.

Louisiana

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a minor 12 years or under is in the vehicle, you will face additional jail time without the possibility of suspension.

Maine

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.15 or higher, you will face additional jail time of at least 48 hours.
    • If the DUI is committed while someone 21 years or under is in the vehicle, your driver’s license will be suspended for an additional 275 days.

Maryland

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.15 or higher, you’ll face an extended driver’s license suspension period of 90 days (versus 45 days if your BAC is less than 0.15 but greater than 0.08).

Massachusetts

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a minor 14 years or under is in the vehicle, you will receive enhanced penalties: extended fines of up to $5,000 and additional jail time of at least two and a half years.
    • If the violation resulted in serious bodily injury to someone else, you will face extended jail time and an increased fine of up to $5,000.

Michigan

  • Legal BAC limit:
    • Under 0.10 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.17 or higher during a first offense, you’ll face an increased fines, extended jail time, additional community service, longer period of driver’s license suspension and a loss of 6 points on your driver’s license.
    • If the DUI is committed while a minor 16 years or under is in the vehicle, you will face extended fines of up to $1,000 and additional jail time of up to one year and 30 to 90 days of extended community service.
    • If the violation resulted in serious bodily injury to someone else, you will face up to five years of jail time and an increased fine of up to $5,000.
    • If the violation caused the death of another person you will face up to 15 years of jail time and a fine of up to $10,000.

Minnesota

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is .20 or more, your driver’s license will be revoked for twice the period of time it would have been revoked if your BAC was between 0.08 and .20.
    • If the violation resulted in serious bodily injury to someone else, your driver’s license will be revoked for an additional 90 days.

Mississippi

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the violation resulted in serious bodily injury or death of another person, you will face a separate felony charge for each injury or death and face up to 25 years of jail time for each charge.

Missouri

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers

Montana

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a minor 16 years or under is in the vehicle, you will face extended fines of up to $2,000 and additional jail time of up to six months.

Nebraska

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.15 or more, your driver’s license will be revoked for one year (versus six months of your BAC is below 0.15 but above 0.08).
    • If the violation resulted in serious bodily injury to someone else or to the fetus of a pregnant woman, you will face extended fines of up to $10,000 and additional jail time of up to five years.

Nevada

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.18 or more, you will be placed in an alcohol treatment facility for up to one year and face restricted driving privileges. Once privileges have been restored, you may have to use an ignition interlock device for an additional 12 to 36 months.

New Hampshire

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.16 or more, you will face extended penalties, including extended jail time and increased fines.
    • If the violation resulted in serious bodily injury to someone else, you will face up to seven years of jail time followed by seven days at a state operated intervention detention center. Your driving privileges will be revoked for 18 months to two years and you will also have to pay a fine of at least $1,000.

New Jersey

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.10 or more, you will face enhanced penalties, including extended jail time of up to 30 days and increased fines of at least $300 but no more than $500. You will also be required to attend an intoxicated driver program, face regular periods of detainment, and your driver’s license will be forfeited for seven months to one year.
    • If the DUI is committed while a minor 17 years or under is in the vehicle, you will be forced to forfeit your license for an additional period of up to six months.

New Mexico

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.16 or more, or if you cause bodily harm to another person, you will face enhanced penalties, including extended jail time, increased hours of community service, and a court-ordered treatment program.

New York

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.18 or more, you will face enhanced penalties, including extended jail time of up to one year and increased fines of at least $1,000. Your driver’s license will also be revoked for at least one year. If placed on probation after that period, you must use an ignition interlock device during that time.

North Carolina

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.16 or more and your faculties are considered grossly impaired, you will face enhanced penalties, including additional jail time and increased fines. You will also face a longer driver’s license revocation period and be required to use an ignition interlock device for at least one year when the revocation period ends
    • If the DUI is committed while a minor 16 years or under is in the vehicle, or if you cause serious injury to another person, you will face enhanced penalties,  including extended jail time and increased fines.

North Dakota

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the violation resulted in serious bodily injury or death of another person, you will be sentenced to at least one year of jail time.
    • If the DUI is committed while a minor 18 years or under is in the vehicle, you will face up to one year in prison, a $2,000 fine, or both.

Ohio

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers

Oklahoma

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is 0.15 or more, you will face enhanced penalties, including a substance abuse assessment, consultation, and compliance with all recommendations for treatment. You will also be sentenced to one year of supervision, periodic alcohol testing, and use of an ignition interlock device.
    • If the violation resulted in serious bodily injury to someone else, you will be sentenced to at least one year of jail time.

Oregon

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a minor 18 years or under is in the vehicle, you will face a fine of up to $10,000.

Pennsylvania

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is greater than 0.08 but less than 0.10, you will not face license suspension for a first offense.
    • If your BAC is 0.10 or more, you will face enhanced penalties, including a driver’s license suspension period of up to 18 months, minimum jail time of 48 hours, a fine of up to $5,000, possible required alcohol treatment programs, and community service.
    • If your BAC is 0.16 or more, you will face even more enhanced penalties, including minimum jail time of 72 hours, a fine of up to $5,000, mandatory highway safety school, compliance with all recommended drug and alcohol treatment requirements, and 150 hours of community service.
    • If the violation resulted in serious bodily injury to someone else, death, vehicle or property damage, you will face additional fines and penalties.

Rhode Island

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is greater than 0.08 but less than 0.10, you must pay a fine of up to $300 and perform up to 60 hours of community service. You will also face jail time of up to one year and have your driver’s license revoked for up to 180 days.
    • If your BAC is 0.10 but less than 0.15, you will face additional enhanced penalties, including a fine of up to $400, DUI treatment programs, and a driver’s license suspension period of up to 12 months.
    • If your BAC is 0.15 or more, you will face even more enhanced penalties, including minimum jail time of one year, a fine of up to $500, DUI treatment programs, and a driver’s license suspension period of up to 18 months.
    • If the DUI is committed while a minor 13 years or under is in the vehicle, you will be sentenced to a maximum of one year in jail.
    • If the violation resulted in serious bodily injury to someone else, you will face additional fines and penalties.

South Carolina

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a minor 16 years or under is in the vehicle, you will be sentenced to up to one-half of the maximum prison sentence and one-half of the maximum fine applicable for the first offense.
    • If the violation resulted in serious bodily injury or death to someone else, you will face additional fines and penalties.

South Dakota

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is greater than 0.17, you must undergo court-ordered consultation to determine chemical dependency and pay the cost for said consultation.

Tennessee

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is greater than 0.20, you will face a minimum jail time of seven days and have to wear a brightly colored vest when cleaning up the roadways that bears the phrase: “I AM A DRUNK DRIVER.”
    • If the DUI is committed while a minor 18 years or under is in the vehicle, you will be sentenced to a minimum of thirty days in jail and be fined at least $1,000.

Texas

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a minor 15 years or under is in the vehicle, you will face up to two years in jail and an additional fine of up to $10,000.

Utah

  • Legal BAC limit:
    • Under 0.05 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a minor 18 years or under is in the vehicle, or if the violation causes serious bodily injury to another person, you will face up to one year in jail, an additional fine of up to $5,000, and a possible longer period of license suspension or revocation.

Vermont

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the violation resulted in serious bodily injury or death to someone else, you will face up to 15 years of jail time and a fine of up to $10,000, or both.

Virginia

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is greater than 0.20, you will face a minimum jail time of ten days and have your driving privileges suspended for one year.
    • If the DUI is committed while a minor 17 years or under is in the vehicle, you will face up to five days in jail, an additional fine of up to $1,000.

Washington

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is greater than 0.15, you will face enhanced penalties, including a maximum jail time of one year, a longer period of driver’s license suspension and revocation, and a fine of up to $5,000.
    • If the DUI is committed while a minor 16 years or under is in the vehicle, you will be required to use an ignition interlock device when your period of suspension or revocation ends.

West Virginia

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a minor 16 years or under is in the vehicle, or if the violation causes bodily harm or death to another person, you will face enhanced penalties, including increased jail time and minimum fines.

Wisconsin

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If your BAC is between 0.17 to 0.199, you will be subject to double penalties.
    • If your BAC is between 0.20 to 0.249, you will be subject to triple penalties.
    • If your BAC is between 0.25 or above, you will be subject to quadruple penalties.

Wyoming

  • Legal BAC limit:
    • Under 0.08 BAC for non-commercial drivers
    • Under 0.04 BAC for commercial drivers
  • Enhanced penalties:
    • If the DUI is committed while a child is in the vehicle, or if the violation causes bodily harm or death to another person, you will face enhanced penalties, including increased jail time and minimum fines. .

Keep in mind that, in addition to the enhanced penalties outlined above, all states also have enhanced penalties for repeat offenses.

We hope that this list helps to keep you informed and safe on the road from state-to-state.