Drunk driving laws by state: BAC limits
The blood alcohol concentration (BAC) at which you break the law, and what happens to your license if you refuse a chemical test.
Updated October 20, 2026
BAC limits and test refusal
| State | Drivers 21+ | Under 21 | Commercial (CDL) | Refusing a chemical test (1st time) |
|---|---|---|---|---|
| Alabama | 0.08% | 0.02% | 0.04% | — |
| Alaska | 0.08% | — | 0.04% | — |
| California | 0.08% | 0.01% | 0.04% | 12 months |
| Colorado | 0.08% | 0.02% | — | — |
| Georgia | — | 0.02% | — | 12 months |
| Hawaii | 0.08% | 0.02% | — | — |
| Indiana | 0.08% | — | — | 12 months |
| Iowa | 0.08% | 0.02% | — | 12 months |
| Kansas | 0.08% | 0.02% | — | 12 months |
| Kentucky | 0.08% | 0.02% | — | — |
| Louisiana | 0.08% | 0.02% | — | — |
| Maine | 0.08% | 0.00% (any alcohol) | — | — |
| Maryland | 0.08% | — | — | — |
| Mississippi | 0.08% | 0.02% | — | 3 months |
| Nebraska | 0.08% | 0.02% | 0.04% | 12 months |
| Nevada | — | 0.02% | — | — |
| New Hampshire | 0.08% | 0.02% | — | — |
| New Jersey | 0.08% | 0.01% | 0.04% | — |
| New York | 0.08% | 0.02% | — | — |
| North Carolina | 0.08% | — | 0.04% | — |
| Ohio | 0.08% | 0.02% | 0.04% | 12 months |
| Oklahoma | 0.08% | 0.00% (any alcohol) | — | — |
| Pennsylvania | — | — | — | 12 months |
| South Carolina | — | 0.02% | — | 6 months |
| Texas | 0.08% | 0.00% (any alcohol) | — | — |
| Vermont | 0.08% | 0.02% | — | 6 months |
| Virginia | 0.08% | 0.02% | — | — |
| Washington | 0.08% | 0.02% | — | — |
| West Virginia | 0.08% | 0.02% | — | 12 months |
| Wisconsin | — | 0.00% (any alcohol) | — | 12 months |
| Wyoming | 0.08% | 0.02% | — | — |
States in the table: 31. A dash means we have not confirmed that rule in the handbook yet; states with no confirmed rules are not listed.
Implied consent
By driving on public roads you agree to take a chemical test for alcohol or drugs when an officer lawfully asks. Refusing usually costs you your license for a set time, as shown in the table.
The only safe level
Any alcohol affects your driving. If you drink, do not drive.
Where these numbers come from
Each value is the answer to a question in our state practice tests, and each of those questions is backed by a verbatim quote from the state's official driver handbook. Laws change: confirm with your state's handbook (linked on each state page) before you rely on a number.
Questions
Much lower than for adults, often 0.02%. See the table for your state.