LegalLimit.com

Blood alcohol (BAC) limits by state

Blood-alcohol concentration (BAC) is the amount of alcohol in a person's blood, usually written as a percentage. Every US state and the District of Columbia sets a per se adult limit — at or above that number, the statute treats the driver as impaired without separate proof of bad driving. Commercial drivers and drivers under 21 almost always face a lower number. Some states also add a higher “enhanced” or aggravated threshold that raises penalties.

Use the table as a scan of those numbers across all 51 jurisdictions LegalLimit.com covers. Click a column header to sort. Each state name opens that state's full hub page. Each BAC figure and citation links to the official state legislature or code site that states the rule — not a third-party reprint. A dash (“—”) in the enhanced column means this table does not list a higher aggravated per se limit; high-BAC may still appear as an aggravator on the state page. Wisconsin's lower PAC for drivers with 3 or more priors or an interlock order is also shown as a dash, not as an enhanced number. For first offense jail, fines, license action, and interlock rules, see DUI laws by state.

For how we source and check every figure, see How we verify every fact.

Blood-alcohol (BAC) limits for all 50 US states and DC — click a column header to sort. Each BAC number and citation links to the official state statute.

Alabama0.08%0.04%0.02%—Under Alabama's implied-consent law (§32-5-192), driving on public highways is consent to a breath, blood, or oral-fluid test when lawfully arrested for DUI.Ala. Code § 32-5A-191
Alaska0.08%0.04%> 0.00%—Under Alaska's implied-consent law (AS 28.35.031), operating a motor vehicle, aircraft, or watercraft in Alaska is consent to a chemical test of the person's breath when lawfully arrested for DUI.Alaska Stat. § 28.35.030
Arizona0.08%0.04%> 0.00%0.20%Refusing the requested chemical test triggers an administrative license suspension imposed by the MVD independent of the criminal case: 12 months for a first refusal, or 2 years for a second or subsequent refusal within 84 months (§28-1321(B), (G)(3)).A.R.S. § 28-1381
Arkansas0.08%0.04%0.02%—Refusing a chemical test in Arkansas is a separate strict-liability VIOLATION under Ark. Code § 5-65-205(a)(2) — not just an administrative matter.Ark. Code § 5-65-103
California0.08%0.04%0.01%—Refusing a breath or blood test after a lawful DUI arrest triggers a 1-year administrative license suspension from the DMV for a first-time refusal, 2 years for a second refusal within 10 years, and 3 years for a third (VC §13353).Cal. Veh. Code § 23152
Colorado0.08%0.04%0.02%—Colorado’s "expressed consent" law deems every driver to have consented to chemical testing when a law enforcement officer with probable cause requests it (§ 42-4-1301.1(1)-(2)).C.R.S. § 42-4-1301
Connecticut0.08%0.04%0.02%—Under Connecticut's implied-consent law (C.G.S. § 14-227b), operating a motor vehicle in the state is consent to a chemical test of blood, breath, or urine (and to the nontestimonial portion of a drug influence evaluation).Conn. Gen. Stat. § 14-227a
Delaware0.08%0.04%0.02%—Under Delaware's implied-consent law (21 Del. C. § 2742), driving a vehicle in the state is consent to chemical testing of blood, breath, or urine.21 Del. C. § 4177
District of Columbia0.08%0.04%> 0.00%—Under D.C. Code § 50-1905, refusing chemical testing after arrest is NOT a separate crime in DC — it is an administrative matter.D.C. Code § 50-2206.11
Florida0.08%0.04%0.02%—Refusing a lawful breath, urine, or blood test can trigger a DHSMV administrative suspension: 1 year for a first refusal and 18 months if the driver has a prior refusal suspension.Fla. Stat. § 316.193
Georgia0.08%0.04%0.02%—Refusing a state-administered chemical test under O.C.G.A. §40-5-67.1(d) triggers a flat 1-year administrative license suspension imposed by the Department of Driver Services (DDS), regardless of prior count.O.C.G.A. §40-6-391
Hawaii0.08%0.04%0.02%—Refusing a chemical test in Hawaii is NOT a separate crime — the State must honor the refusal under the state constitution (State v. [137 H. 330 (2015)]).Haw. Rev. Stat. § 291E-61
Idaho0.08%0.04%0.02%—Refusing an evidentiary test in Idaho carries a civil (not criminal) penalty under Idaho Code § 18-8002(4): a $250 civil penalty, a 1-year absolute license suspension (2 years for a second refusal within 10 years), and mandatory IID installation for 1 year following the suspension.Idaho Code § 18-8004
Illinois0.08%0.04%> 0.00%—Refusing a state-administered chemical test under 625 ILCS 5/11-501.1 triggers a Statutory Summary Suspension (SSS) that runs in parallel to (and independent of) any criminal prosecution.625 ILCS 5/11-501
Indiana0.08%0.04%0.02%0.15%Refusing a chemical test is not a separate crime; it triggers a BMV administrative license suspension of one year, or two years if the driver has a prior OWI conviction (Ind. Code 9-30-6-9).Ind. Code § 9-30-5-1
Iowa0.08%0.04%0.02%—Refusing a chemical test of breath or urine in Iowa triggers an administrative license revocation under Iowa Code § 321J.9 (separate from the criminal conviction track).Iowa Code § 321J.2
Kansas0.08%0.04%0.02%—Refusing a chemical test is not a crime in Kansas — the statute that once criminalized refusal (K.S.A. 8-1025) was declared unconstitutional by the Kansas Supreme Court in State v. Ryce and repealed in 2019.K.S.A. 8-1567
Kentucky0.08%0.04%0.02%—Driving in Kentucky is deemed consent to breath, blood, and urine testing when an officer has reasonable grounds to believe a DUI occurred (KRS 189A.103(1)). Refusing brings consequences on several fronts: the court suspends the license at arraignment, before any conviction (KRS 189A.200(1)(a)); on conviction of a…Ky. Rev. Stat. § 189A.010
Louisiana0.08%0.04%0.02%—Louisiana's implied-consent law (§32:661) treats operating a vehicle as consent to a breath, blood, or urine test.La. R.S. 14:98
Maine0.08%0.04%> 0.00%—Refusing or failing to complete a chemical test in Maine triggers administrative license suspension by the Secretary of State under 29-A M.R.S.A. § 2521(5)-(6): 275 days for a first refusal, 18 months for a second, 4 years for a third, and 6 years for a fourth or subsequent refusal.29-A M.R.S.A. § 2411
Maryland0.08%0.04%0.02%—Refusing a test in Maryland is not a standalone crime, but it carries heavy administrative consequences and a conviction-dependent criminal add-on.Md. Code Ann., Transp. § 11-174.1
Massachusetts0.08%0.04%0.02%—Refusing a chemical breath or blood test under M.G.L. c. 90 §24(1)(f)(1) triggers an administrative license suspension by the Registrar.Mass. Gen. Laws ch. 90, §24
Michigan0.08%0.04%0.02%0.17%Michigan has TWO distinct 'refusals' that searchers conflate.MCL 257.625
Minnesota0.08%0.04%> 0.00%—Refusing a chemical test is its own crime in Minnesota (§169A.20 subd. 2).Minn. Stat. § 169A.20
Mississippi0.08%0.04%0.02%—Refusing a chemical test of breath under Mississippi law results in an additional administrative suspension of driving privileges under Miss. Code § 63-11-23 (referenced at § 63-11-30(4)).Miss. Code § 63-11-30
Missouri0.08%0.04%0.02%—Refusing a chemical test in Missouri is a civil matter, not a separate crime — there is no jail for the refusal itself, and no escalating refusal ladder.Mo. Rev. Stat. § 577.012
Montana0.08%0.04%0.02%—Refusing a breath, blood, or oral-fluid test under Montana's implied consent law (MCA § 61-8-1016) triggers an automatic administrative license suspension under § 61-8-1032: 6 months for a first refusal, 1 year for a second or subsequent refusal within 5 years — with no restricted or probationary license permitted —…MCA § 61-8-1002
Nebraska0.08%0.04%0.02%—Refusing a chemical test has TWO consequences in Nebraska.Neb. Rev. Stat. § 60-6,196
Nevada0.08%0.04%0.02%—Refusing an evidentiary test triggers ADMINISTRATIVE license revocation under NRS 483.490 (the officer files a sworn report; the DMV revokes — 1 year for a first refusal, longer for a second within 7 years).NRS § 484C.110
New Hampshire0.08%0.04%0.02%0.16%Refusing a chemical test triggers an ADMINISTRATIVE license suspension under RSA 265-A:14: 180 days for a first refusal, or 2 years if the person has a prior DWI/aggravated-DWI conviction or a prior refusal.RSA § 265-A:2
New Jersey0.08%0.04%0.01%—In New Jersey, refusing the breath test is its own offense under C.39:4-50.4a — not just an administrative penalty — and it is decided in municipal court by a preponderance of the evidence (probable cause, an arrest, and a refusal).N.J. Rev. Stat. § 39:4-50
New Mexico0.08%0.04%0.02%0.16%Refusing chemical testing has THREE consequences.NMSA § 66-8-102
New York0.08%0.04%0.02%0.18%Refusal is not a separate New York crime under the cited refusal provisions.N.Y. Veh. & Traf. Law §1192
North Carolina0.08%0.04%> 0.00%—Refusal and a DWI arrest set in motion up to THREE INDEPENDENT license tracks that run on separate clocks and survive each other’s outcomes.N.C. Gen. Stat. § 20-138.1
North Dakota0.08%0.04%0.02%0.16%Refusing chemical testing has THREE consequences in North Dakota.NDCC § 39-08-01
Ohio0.08%0.04%0.02%0.17%Refusing a chemical test after a lawful OVI arrest triggers an Administrative License Suspension (ALS) under §4511.191(B), with the suspension class set by the offender's prior count within a 10-year lookback window — §4511.191(B)(1)(b), (c), and (d) each begin "within ten years of the date on which the person…Ohio Rev. Code Ann. § 4511.19
OklahomaUnder reviewUnder review0.04%> 0.00%Under reviewUnder reviewUnder review
Oregon0.08%0.04%> 0.00%—Driving on Oregon highways or premises open to the public is deemed consent to a breath test — or a blood test if the driver is receiving hospital care after an accident (ORS 813.100(1)).Or. Rev. Stat. § 813.010
Pennsylvania0.08%0.04%0.02%0.16%Refusal carries two independent consequences on two separate tracks.75 Pa.C.S. § 3802
Rhode Island0.08%0.04%0.02%0.15%Refusing chemical testing has escalating consequences in Rhode Island.RIGL § 31-27-2
South Carolina0.08%0.04%0.02%—South Carolina's implied-consent law (§56-5-2950) treats driving as consent to breath, blood, or urine testing.S.C. Code Ann. § 56-5-2933
South Dakota0.08%0.04%0.02%—Refusing chemical testing triggers administrative license revocation under SDCL §§ 32-23-10 et seq. (1 year for a first refusal; longer for repeat refusals).SDCL § 32-23-1
Tennessee0.08%0.04%0.02%—Refusing a chemical test is a civil implied-consent violation, not a crime (Tenn. Code Ann. section 55-10-407(a)), so it carries license revocation rather than jail.Tenn. Code Ann. § 55-10-401
Texas0.08%0.04%> 0.00%—Refusal is not a separate Texas crime.Tex. Penal Code ch. 49
Utah0.05%0.04%> 0.00%—Refusing a chemical test after a lawful DUI arrest triggers an 18-month license revocation for a first refusal, and a 36-month revocation if the driver has a prior refusal or a §41-6a-502 conviction within 10 years, both administered by the Driver License Division under §41-6a-521.Utah Code Ann. § 41-6a-502
Vermont0.08%0.04%0.02%0.16%Refusing an evidentiary test has escalating consequences in Vermont.23 V.S.A. § 1201
Virginia0.08%0.04%0.02%0.15%First unreasonable refusal is civil and carries a one-year license suspension.Va. Code Sec. 18.2-266
Washington0.08%0.04%0.02%—Refusing the breath test is not a separate crime, but it carries three consequences.RCW 46.61.502
West Virginia0.08%0.04%0.02%0.15%Refusing a secondary chemical test results in license revocation "for a period of at least 45 days and up to life" under § 17C-5-4(e)(1). The exact revocation period within that range is set by the DMV (post-2020 the statute no longer fixes a tiered refusal-revocation schedule).WV Code § 17C-5-2
Wisconsin0.08%0.04%> 0.00%—Lower PAC for 3+ priors / IID — not an enhanced BACWisconsin's implied-consent regime at §343.305(2) deems any driver operating a motor vehicle on a Wisconsin public highway to have consented to breath, blood, or urine chemical testing when requested by law enforcement under §343.305(3) following an OWI arrest.Wis. Stat. § 346.63(1)
Wyoming0.08%0.04%0.02%—Wyoming takes a WARRANT-BASED approach to refusal — there is NO standalone administrative license suspension for refusing a chemical test (the old refusal-suspension provisions were repealed by Laws 2011, ch. 178).Wyo. Stat. § 31-5-233

Last verified: . State-page review dates behind this table span August 2026–October 2026.

This information is for general reference only and does not constitute legal advice.