Table 11
States With .08 Blood Alcohol Concentration Illegal Per Se Laws

State Enactment Date Effective Date State Enactment Date Effective Date
AL July 31, 1995 October 1, 1995 MT April 15, 2003 April 15, 2003
AK July 3, 2001 September 1, 2001 NE March 1, 2001 September 1, 2001
AZ April 11, 2001 August 31, 2001 NV June 10, 2003 September 23, 2003
AR March 6, 2001 August 13, 2001 NH April 15, 1993 January 1, 1994
CA June 11, 1905 January 1, 1990 NJ January 12, 2004 January 20, 2004
CO May 21, 2004 July 1, 2004 NM March 19, 1993 January 1, 1994
CT July 1, 2002 July 1, 2002 NY December 30, 2002 July 1, 2003
DE July 12, 2004 July 12, 2004 NC July 5, 1993 October 1, 1993
DC December 1, 1998 April 13, 1999 ND April 7, 2003 August 27, 2003
FL April 27, 1993 January 1, 1994 OH March 31, 2003 July 1, 2003
GA April 16, 2001 July 1, 2001 OK June 8, 2001 July 1, 2001
HI June 30, 1995 June 30, 1995 OR August 4, 1983 October 15, 1983
ID March 17, 1997 July 1, 1997 PA September 30, 2003 September 30, 2003
IL July 2, 1997 July 2, 1997 RI July 2, 2003 July 2, 2003
IN May 9, 2001 July 1, 2001 SC June 19, 2003 August 19, 2003
IA April 24, 2003 July 1, 2003 SD February 27, 2002 July 1, 2002
KS April 22, 1993 July 1, 1993 TN June 27, 2002 July 1, 2003
KY April 21, 2000 October 1, 2000 TX May 28, 1999 September 1, 1999
LA June 26, 2001 September 30, 2003 UT March 19, 1983 August 1, 1983
ME April 28, 1988 August 4, 1988 VT June 6, 1991 July 1, 1991
MD April 10, 2001 September 30, 2001 VA April 6, 1994 July 1, 1994
MA June 30, 2003 June 30, 2003 WA March 30, 1998 January 1, 1999
MI July 15, 2003 September 30, 2003 WV February 16, 2004 May 4, 2004
MN May 27, 2004 August 1, 2005 WI July 3, 2003 September 30, 2003
MS March 11, 2002 July 1, 2002 WY March 11, 2002 July 1, 2002
MO June 12, 2001 September 29, 2001 PR January 10, 2000 January 10, 2001

In 2005, all 50 States, the District of Columbia, and Puerto Rico had .08 blood alcohol concentration illegal per se laws.
Note: The term “illegal per se” refers to State laws that make it a criminal offense to operate a motor vehicle at or above a specified alcohol (or drug) concentration in the blood, breath, or urine.
Source: NHTSA, Injury Control Operations and Resources.

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