---
kind: "section"
citation: "23 C.F.R. § 1225.4"
title: "23"
number: "1225.4"
heading: "Adoption of 0.08 BAC per se law."
url: "https://uscodex.org/cfr/23/1225.4"
---

# §1225.4. Adoption of 0.08 BAC per se law.


In order to avoid the withholding of funds as specified in [§ 1225.8](/cfr/23/1225.8.md) of this part, and to qualify for an incentive grant under [§ 1225.5](/cfr/23/1225.5.md) 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.**

## Notes

### Authority

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.

### Source

Source: 68 FR 50708, Aug. 22, 2003, unless otherwise noted.