Drink-driving limits in the United States (2026)

Last reviewed: 29 October 2026

In short: The United States has no federal blood alcohol limit for ordinary drivers; each state sets its own. Federal rules set 0.04% for drivers who need a commercial driver's licence. Other fields are not covered by a national rule.

RuleWhat applies
Blood alcohol limit for ordinary driversDriving after drinking alcohol⚠ Not yet verified
Lower limit for novice or young driversDriving after drinking alcohol⚠ Not yet verified
Limit for professional or commercial driversDriving after drinking alcohol0.04% alcohol concentration or more: a driver subject to commercial driver's licence rules must not report for or remain on duty performing safety-sensitive functions, and an employer who knows of it must not let the driver continue. [1]
Random breath tests without suspicionDriving after drinking alcohol⚠ Not yet verified
Maximum penaltiesDriving after drinking alcohol⚠ Not yet verified

Notes

  • There is no national rule for ordinary drivers. States set their own limits, testing powers and penalties.
  • This federal rule applies to drivers subject to commercial driver's licence requirements, not to ordinary drivers. States may set their own limits for these drivers as well.

Sources

  1. Electronic Code of Federal Regulations (Office of the Federal Register): 49 CFR 382.201 Alcohol concentration (with 382.103 Applicability) (consulted 29 October 2026) · all sources

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United States: rules by state or province

StateBlood alcohol limit for ordinary driversLower limit for novice or young driversLimit for professional or commercial driversRandom breath tests without suspicionMaximum penalties
Alabama
0.08%
0.02% (under 21)
0.04% commercial
⚠ Not yet verified
Up to 1 year; $600-$2,100 fine
Alaska
0.08%
Any amount (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
Up to 1 year; min. 72 h, $1,500 fine
Arizona
0.08%
Zero (under 21)
0.04% (commercial, for hire)
⚠ Not yet verified
Min. 10 days jail, $250 fine
Arkansas
0.08%
0.02% under 21
0.04% (commercial vehicle)
⚠ Not yet verified
Up to 1 year jail, $150-1,000 fine
California
0.08%
0.01% (under 21)
0.04% (commercial, paid passengers)
⚠ Not yet verified
96 hrs-6 months jail; $390-$1,000
Colorado
0.08%
0.02% under 21
0.04% (commercial vehicle)
Yes, sobriety checkpoints
⚠ Not yet verified
Connecticut
0.08%
0.02% (under 21)
0.04% (commercial)
⚠ Not yet verified
Up to USD 8,000, 3 years (3rd+)
Delaware
0.08%
0.02% (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
1st: up to 12 months; $500-$1,500 fine
District of Columbia
0.08%
Any amount (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
Up to 180 days; $1,000 fine
Florida
0.08%
0.02% (under 21)
Any alcohol (commercial)
⚠ Not yet verified
Up to 6 months; $500-$1,000 fine
Georgia
0.08%
0.02% under 21
0.04% in a commercial vehicle
Yes, sobriety roadchecks
Up to 1 year jail, $300-1,000 fine
Hawaii
0.08%
Zero (under 21)
0.04% (commercial vehicles)
⚠ Not yet verified
Revocation 1-18 months; fine $250-1,000
Idaho
0.08%
0.02% (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
Up to 6 months; fine up to $1,000
Illinois
0.08%
Zero (under 21)
0.04% (commercial vehicles)
⚠ Not yet verified
Class A misdemeanor (1st)
Iowa
0.08%
0.02% (under 21)
0.04% (commercial)
⚠ Not yet verified
Min. 48 hours jail; $1,250 fine
Kansas
0.08%
0.02% (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
Min. 48 hours; $750-$1,000 fine
Kentucky
0.08%
0.02% (under 21)
Any alcohol; 0.04% = DUI
Yes, traffic safety checkpoints
Up to 30 days; $200-$500 fine
Louisiana
0.08%
0.02% under 21
0.04% in a commercial vehicle
Yes, sobriety checkpoints
⚠ Not yet verified
Maine
0.08%
0.00 (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
Class D crime; fine min. $500
Maryland
0.08%
Any alcohol (under 21)
Any alcohol (commercial); 0.04% disqualifies
⚠ Not yet verified
Up to 1 yr jail / $1,200 (1st)
Massachusetts
0.08%
0.02% = licence suspension (under 21)
Zero (commercial vehicles)
⚠ Not yet verified
Fine $500-$5,000 or up to 2.5 years
Michigan
0.08%
Any alcohol (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
Up to 15 yrs / USD 10,000 (death)
Minnesota
0.08%
Any alcohol, under 21
0.04% (commercial vehicle)
⚠ Not yet verified
Up to 7 years, $14,000 (felony)
Mississippi
0.08% (21 and over)
0.02% (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
First: $250-$1,000 / up to 48 h
Missouri
0.08%
0.02% (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
1st: up to 6 months; fine up to $1,000
Montana
0.08%
0.02% under 21
0.04% in a commercial vehicle
⚠ Not yet verified
Up to 6 months jail, $600-1,000 fine
Nebraska
0.08%
0.02% (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
Class W misdemeanour; 6-month revocation
Nevada
0.08%
0.02% (under 21)
0.04% commercial
⚠ Not yet verified
Up to 6 months; $400-$1,000 fine
New Hampshire
0.08%
0.02% (under 21)
0.04%; none in CMV (any alcohol)
⚠ Not yet verified
Felony on 4th offence; min. USD 500 fine
New Jersey
0.08%
Any alcohol, under 21
⚠ Not yet verified
Yes, checkpoints used
Fine $1,000, 180 days (3rd)
New Mexico
0.08%
⚠ Not yet verified
0.04% (commercial vehicle)
Yes (sobriety checkpoints)
First: up to 90 days / $500; 8th: 12 years
New York
0.08%
0.02% under 21
0.04% in a commercial vehicle
⚠ Not yet verified
Up to 1 year jail, $500-1,000 fine
North Carolina
0.08%
Zero (under 21)
0.04% (commercial vehicles)
Checkpoints authorised (set pattern)
Up to $10,000 and 36 months (aggravated)
North Dakota
0.08%
0.02% (under 21)
0.04% (commercial)
⚠ Not yet verified
1st: class B misdemeanour; fine min. $500
Ohio
0.08%
0.02% (under 21)
0.04% (commercial vehicles)
⚠ Not yet verified
Fine $375-$1,075, min. 3 days jail
Oregon
0.08%
Any amount (under 21)
0.04% / any amount = out of service
⚠ Not yet verified
Class A misdemeanour; fine min. $1,000
Pennsylvania
0.08%
0.02% (minors)
0.04% (commercial vehicle)
⚠ Not yet verified
First: misdemeanour, $300 fine
South Carolina
0.08%
0.02% (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
1st: $400 or 48 h-30 days
South Dakota
0.08%
0.02% (under 21)
0.04% commercial
⚠ Not yet verified
Up to 1 year; $2,000 fine
Texas
0.08%
Zero (under 21)
Zero tolerance; 0.04% disqualifies
⚠ Not yet verified
Min. 72 hours confinement (Class B)
Utah
0.05%
Any alcohol (under 21)
0.04% (commercial)
Yes (magistrate-approved checkpoints)
Class B misd.; min. 2 days jail, $700 fine
Virginia
0.08%
0.02% (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
Class 1 misdemeanour; fine min. $250
Washington
0.08%
0.02% (under 21)
0.04% disqualifies (commercial)
⚠ Not yet verified
Up to 364 days, $5,000; felony if repeat
West Virginia
0.08%
0.02% (under 21)
0.04% commercial
⚠ Not yet verified
Up to 6 months; $100-$500 fine
Wisconsin
0.08%
Zero (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
1st: $150-$300 forfeiture
Wyoming
0.08%
0.02% (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
First: up to 6 months / $750

General information, not legal advice. Rules change: check the official source before you fly or ride.