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.
| Rule | What 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 alcohol | 0.04% 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
- 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
Related pages
United States: rules by state or province
| State | Blood alcohol limit for ordinary drivers | Lower limit for novice or young drivers | Limit for professional or commercial drivers | Random breath tests without suspicion | Maximum 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.