Is the legal BAC limit the same in every US state?
Almost. 49 states and Washington, D.C. set the limit at 0.08% BAC — you are DUI per se at or above that level. Utah is the strictest at 0.05%, the lowest in the nation. Three rules apply everywhere, whatever the state:
- Commercial drivers (CDL): 0.04% BAC, set federally by the FMCSA.
- Drivers under 21: zero tolerance — any measurable alcohol, usually 0.01–0.02%, is an offense.
- High-BAC / aggravated DUI: many states add tougher penalties at around 0.15% BAC.
Fines, jail, license suspension and ignition-interlock rules vary widely by state. See our state guides for California, Texas, Florida, New York and Utah.