DUI BAC Limits by State 2026: 0.08%, Utah 0.05%, Under 21
The DUI limit is 0.08% BAC in 49 states and DC and 0.05% in Utah. Under-21 drivers face 0.02% or zero tolerance. Full state table with sources.
Adult drivers: 0.08% BAC in 49 states and DC, 0.05% in Utah. Under 21: 0.02% in 34 states, 0.00% in 15 jurisdictions, 0.01% in California and New Jersey.
| Limit | Where it applies |
|---|---|
| 0.08% BAC, drivers 21 and over | 49 states and the District of Columbia |
| 0.05% BAC, drivers 21 and over | Utah |
| 0.02% BAC, drivers under 21 | 34 states |
| 0.00% (zero tolerance), under 21 | 15 jurisdictions, including Utah, Texas and Pennsylvania |
| 0.01%, under 21 | California and New Jersey |
Every US state sets the drink-driving (DUI) limit for adult car drivers at 0.08% blood alcohol concentration, except Utah, where it is 0.05%. Drivers under 21 face a much lower limit everywhere: 0.02% in most states, and zero tolerance (0.00%) in 15 jurisdictions. The limits apply to every driver in the state, including visitors in hire cars.
Adult DUI limit: 0.08%, Utah 0.05%
According to IIHS, forty-nine states and the District of Columbia make it a crime to drive with a BAC at or above 0.08%; in Utah the threshold is 0.05%. These are “per se” limits: reaching the number is the offence, whether or not the driving looked impaired.
Under-21 limits: 0.02%, 0.01% or zero
Because the legal drinking age is 21, every state has a separate, lower limit for younger drivers. The figures below come from the NIAAA Alcohol Policy Information System (policies as of 1 January 2025). Alaska, Arizona, District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, North Carolina, Oklahoma, Oregon, Pennsylvania, Texas, Utah and Wisconsin apply 0.00%; California and New Jersey use 0.01%; the rest use 0.02%. Note that Utah’s under-21 limit is zero even though its adult limit is 0.05%.
DUI limits by state
What this means for visitors
- The limit that applies is the one in the state where you are driving, not the one at home.
- Many visitors come from countries with a 0.05% or 0.02% limit; in Utah the US limit is the same 0.05%, elsewhere the adult limit is higher, but the safest plan is not to drink at all before driving.
- Drivers under 21 should treat any alcohol as over the limit in the zero-tolerance states.
For other countries, see drink-drive limits by country and the BAC calculator. Each state’s page under US states covers its speed limits and other rules.
Sources
- IIHS-HLDI, Alcohol and drugs: DUI laws (adult limits).
- NIAAA Alcohol Policy Information System, BAC limits: youth (underage operators of noncommercial motor vehicles), policies as of 1 January 2025 (archived copy).
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Frequently Asked Questions
0.08% BAC for drivers 21 and over in 49 states and the District of Columbia, and 0.05% in Utah.
Utah. It is the only state with an adult limit below 0.08%.
0.02% in most states. 15 jurisdictions, including Utah and Texas, apply zero tolerance (0.00%), and California and New Jersey use 0.01%.