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What blood alcohol level is classified as driving while intoxicated?

I learned in driving school that you can only get a driving while intoxicated (DWI) ticket if your blood alcohol content (BAC) is 0.08% or higher. My friend says it depends on your size and how drunk you seem during a field sobriety test. Who’s right? What blood alcohol level is classified as driving while intoxicated?

avatar
Cassandra Hamilton · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
You’re right on the nose—but your friend is right in a way, too. No two people will react the same to the same amount of alcohol. It depends on your age, weight, height, medication, how much you’ve eaten, and so on.
The blood alcohol level that is classified as driving while intoxicated is 0.08% in all states but one. In Utah, the BAC limit is 0.05%.
If your BAC is 0.08%, and you’re caught driving, you will get one of two charges: a driving under the influence (DUI) charge or a driving while intoxicated (DWI) charge. Some states
use these terms interchangeably
, but in some states there is a difference.
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