What Are the Legal Limits of Alcohol in the United States and Each State?

Why you can trust SafeWise
products considered
250+
research hours in 25+ in-home tests
10k+
years of combined experience
176+
homes and people protected
10M+

For over 11 years, SafeWise experts have conducted independent research and testing to create unbiased, human reviews. Learn how we test and review.

We all know that alcohol impairs driving ability. To standardize how much alcohol impairs our ability, states have established legal limits—a point, measured with tests such as a breath test, after which it is considered unsafe to operate a vehicle or boat. There are also restrictions on when it is acceptable to be in public places under the influence of alcohol.

Stay Safe and become a SafeWise Insider!

Sign up for our free weekly newsletter to get the best safety news, product info, and deals.

By signing up, you agree to our Terms and Conditions and Privacy Policy.

Driving limits

Most states have now set their legal blood alcohol concentration (BAC) at .08%, though Utah’s now sits at .05%. Higher than that qualifies you as either driving under the influence (DUI) or driving while impaired (DWI), depending on the state.

If you’re under 21, the policy is zero tolerance. Any amount of alcohol in your blood is grounds for a DUI or DWI charge and arrest. This is done to discourage underage drinking because the legal age for possession and purchase of alcohol in the United States is 21.

Boating limits

It is also illegal to operate a boat or watercraft while under the influence of alcohol. This is known as BUI, or boating under the influence, and it’s taken just as seriously as a DUI. BUIs carry a $1,000 fine, plus criminal penalties up to $5,000 and possible jail time. You may also have your boat seized and your boating license suspended.

States typically follow the same standard as driving when determining if an individual is considered intoxicated while boating, meaning that a BAC of .08% is the legal limit in most places.

Public intoxication

There are also laws against being visibly intoxicated in public places—even if you’re not driving. This is known as public intoxication, drunk in public, or drunk and disorderly. There is no BAC limit for this charge; instead, it is based on behavior. If an individual is no longer able to conduct themselves in a reasonable manner due to drinking (or drug use), they could be charged with public intoxication.

Specific laws vary from state to state. In some areas, you can drink publicly if your behavior remains reasonable. In others, even having alcohol outside of a bar or restaurant is prohibited.

Public intoxication is typically a minor offense, classed as a misdemeanor, but it is still an embarrassing crime to commit and can have ripple effects throughout your life.

To learn more about safety—both on the road and at home—check out our resources below.

Related articles on SafeWise


Sources

  1. National Highway Traffic Safety Administration, "Distracted Driving," Accessed on March 20, 2023.
  2. Federal Communications Commission, "The Dangers of Distracted Driving," May 2021. Accessed on March 20, 2023.
Celeste Tholen
Written by
Celeste has dedicated her decade-long career to reporting and reviews that help people make well-informed decisions. She oversees editorial strategy and production for SafeWise, with a goal to help everyone find the information they need to make their homes and lives safer. Prior to SafeWise, she worked as an editor and reporter for KSL and Deseret News. She holds a Bachelor's degree in Journalism. In her free time, she volunteers at the local botanical garden and writers for the community newspaper.

Recent Articles

woman adjusting thermostat in bright home
The Best Home Security Systems and Alarm Companies of 2024
After thousands of hours of tests and research, we picked Vivint and SimpliSafe as the...
""
The Best Home Security Systems in Canada 2025
Learn about 2025's best home security systems for Canada with research from SafeWise experts. From...
Neighbourhood homes in the United Kingdom
The Best Home Alarm Systems in the UK in 2024
After testing 25+ of the best home alarm systems in the UK and evaluating over...
small yellow single family home
Abode vs Ring: Which security system is better?
Abode reigns over Ring in this DIY system face-off, but it’s not a clean sweep....