23 CFR § 1225.4 - Adoption of 0.08 BAC law.

---
identifier: "/us/cfr/t23/s1225.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "23 CFR § 1225.4 - Adoption of 0.08 BAC  law."
title_number: 23
title_name: "Highways"
section_number: "1225.4"
section_name: "Adoption of 0.08 BAC  law."
chapter_name: "NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "B"
subchapter_name: "GUIDELINES"
part_number: "1225"
part_name: "OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "23 U.S.C. 163; sec. 351, Pub. L. 106-346—Appendix, 114 Stat. 1356A-34, 35; delegation of authority at 49 CFR 1.48 and 1.50."
regulatory_source: "68 FR 50708, Aug. 22, 2003, unless otherwise noted."
cfr_part: "1225"
---


# 1225.4 Adoption of 0.08 BAC  law.

In order to avoid the withholding of funds as specified in § 1225.8 of this part, and to qualify for an incentive grant under § 1225.5 of this part, a State must demonstrate that it has enacted and is enforcing a law that provides that any person with a blood or breath alcohol concentration (BAC) of 0.08 percent or greater while operating a motor vehicle in the State shall be deemed to have committed a *per se* offense of driving while intoxicated or an equivalent *per se* offense. The law must:

(a) Apply to all persons;

(b) Set a BAC of not higher than 0.08 percent as the legal limit;

(c) Make operating a motor vehicle by an individual at or above the legal limit a *per se* offense;

(d) Provide for primary enforcement;

(e) Apply the 0.08 BAC legal limit to the State's criminal code and, if the State has an administrative license suspension or revocation (ALR) law, to its ALR law; and

(f) Be deemed to be or be equivalent to the standard driving while intoxicated offense in the State.