Blood Alcohol Level Chart (2024 Guide)

When you consume alcohol, your blood alcohol content level (BAC) rises. Many factors impact your blood alcohol level including your gender and your body weight. The chart below shows your likely BAC based on the number of drinks you consumed.

Source: West Virginia Alcohol Beverage Control Administration

For purposes of this table, one drink equals:

• 1 volume ounce of 100 proof alcohol
• 1 12-ounce bottle of beer
• 5 ounces of table wine

Your body also metabolizes alcohol over time, so your BAC will begin to fall once you have stopped consuming a drink. If time has passed, you can subtract a set amount from your BAC. Here’s how much you can subtract:

• 1 hour from last drink: 0.015%
• 2 hours from last drink: 0.030%
• 3 hours from last drink: 0.045%
• 4 hours from last drink 0.060%
• 5 hours from last drink 0.075%
• 6 hours from last drink 0.090%

These BAC measurements apply regardless of your tolerance for alcohol. Even if you do not feel intoxicated, your BAC still increases as you consume drinks and you may still be above the legal limit for driving.

Your BAC level is important because in every state across the U.S. there is a legal limit. If your blood alcohol content rises above it, this is considered to be DUI per se. This is a legal term that means you are presumed to be too intoxicated to drive.

You can be charged with a drunk driving offense even if your BAC is not above the legal limit. However, it’s harder for a prosecutor to prove their case if your BAC was not tested or if you were below the allowable amount. The prosecutor would need to provide independent evidence of impairment, such as details about your demeanor or your failure to successfully complete field sobriety tests such as saying the alphabet or walking a straight line.

If you are above the legal limit, though, the prosecutor does not need to show any additional evidence of impairment besides showing what your BAC level was. The term “per se” means ‘the thing speaks for itself.” In a DUI per se offense, your BAC speaks for itself and is sufficient to show you were too drunk to be behind the wheel.

Because a BAC above the legal limit can have serious consequences, you can use the blood alcohol level chart above to assess intoxication and stop consuming drinks before you exceed it. However, since your estimation may not be exact, it’s best to err on the side of caution and avoid drinking and driving at all.

Across the United States, the legal limit is .08%. If your BAC is above this level, you are presumed intoxicated in every state. However, many states also have other limits in place as well.

Specifically, most places have a “zero tolerance” level that applies to certain drivers. This “zero tolerance” level sets the legal limit much lower for specific people. Usually, it applies to teenage drivers who aren’t supposed to be consuming alcohol anyway. It may also apply to commercial drivers such as bus and truck drivers.

The blood alcohol level chart below shows what the BAC limit is in every state — including the legal limit for DUI per se offenses as well as the zero tolerance limit.

State	Legal Limit for DUI Per Se	Legal Limit for Zero Tolerance	Legal Limit for Enhanced Penalties
Alabama	.08	.02	N/A
Alaska	.08	.00	.15
Arizona	.08	.00	.15
Arkansas	.08	.02	.15
California	.08	.02	.16
Colorado	.08	.02	.17
Connecticut	.08	.02	.16
Delaware	.08	.02	.15
District of Columbia	.08	.00	.15
Florida	.08	.02	.15
Georgia	.08	.02	.15
Hawaii	.08	.02	.15
Idaho	.08	.02	.20
Illinois	.08	.00	.16
Indiana	.08	.02	.15
Iowa	.08	.02	.15
Kansas	.08	.02	.15
Kentucky	.08	.02	.18
Louisiana	.08	.02	.15
Maine	.08	.00	.15
Maryland	.08	.02	N/A
Massachusetts	.08	.02	.20
Michigan	.08	.02	.17
Minnesota	.08	.00	.16
Mississippi	.08	.02	N/A
Missouri	.08	.02	.15
Montana	.08	.02	N/A
Nebraska	.08	.02	.15
Nevada	.08	.02	.18
New Hampshire	.08	.02	.18
New Jersey	.08	.01	.10
New Mexico	.08	.02	.16
New York	.08	.02	.18
North Carolina	.08	.00	.15
North Dakota	.08	.02	.18
Ohio	.08	.02	.17
Oklahoma	.08	.02	.17
Oregon	.08	.00	N/A
Pennsylvania	.08	.02	.16
Rhode Island	.08	.02	.15
South Carolina	.08	.02	.16
South Dakota	.08	.02	.17
Tennessee	.08	.02	.20
Texas	.08	.02	.15
Utah	.05	.02	.16
Vermont	.08	.02	N/A
Virginia	.08	.02	.15
Washington	.08	.02	.15
West Virginia	.08	.02	.15
Wisconsin	.08	.02	.15
Wyoming	.08	.02	.15

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As you can see on the blood alcohol level chart above, some states impose enhanced penalties once your BAC exceeds a certain level. These penalties could include:

• Larger fines
• A longer license suspension or revocation
• A longer period in which an ignition interlock device is required in a vehicle (this device tests your BAC before allowing you to drive)
• Mandatory minimum incarceration or a longer period of incarceration

For example, in Michigan, a BAC above .17 will result in up to 180 days of imprisonment, a fine between $200 and $700 and the required installation of an ignition interlock device. By contrast, a first offense DUI with a BAC below .17 would result in a $500 fine, a maximum of 93 days in jail, and a maximum 180 day license suspension.

Generally, your BAC is measured by blood, breath, or urine tests.

When you drive in any U.S. state, implied consent laws require you to submit to a BAC test if there is probable cause you are impaired. Implied consent laws essentially mean that when you drive on a state’s roads or obtain a license, you are giving your consent at that time to have your blood alcohol level tested in the future if there is reason to believe you are impaired.

Under implied consent laws, if you are arrested, police can mandate you have your blood alcohol content tested. Refusal to do so can result in penalties including fines, fees, and the administrative suspension of your license. The refusal to submit to testing can also be used against you in your drunk driving case.

If your BAC exceeds the legal limit, this does not necessarily mean you will always be convicted of a drunk driving offense. There are a number of defenses you can raise including:

• Illegally obtained evidence. If police stopped you unlawfully or violated your constitutional rights with an illegal search, the prosecutor will be unable to use any evidence obtained against you to secure a DUI conviction.
• Inaccurate testing: Breathalyzer machines may be calibrated incorrectly or used improperly if the test administration did not have proper training. This can call into question whether the prosecutor has proved intoxication beyond a reasonable doubt. Proof of guilt beyond a reasonable doubt is required in criminal cases.
• Rising BAC defense: Your BAC increases as your body metabolizes alcohol. If your BAC level was not tested until some time after you were actually operating your vehicle, it is possible that your blood alcohol content level would read higher on the test than it was while driving. You may have been below the legal limit while driving even if you were above it when tested.

An experienced drunk driving defense lawyer can help you to understand your options for fighting DUI charges — even if your blood alcohol level was high. You should contact an attorney as soon as possible for help defending yourself against serious accusations.