In the United States, the legal blood alcohol content (BAC) limit is 0.08% . This means that if your BAC is above this level, you are presumed intoxicated in every state. However, its important to note that the penalties for drunk driving vary by state. Some states have mandatory jail time for first offenders, while others do not. It's also worth noting that even if your BAC is below the legal limit, you can still be charged with a DUI if a police officer deems you "noticeably impaired" or if you fall under your state's zero tolerance laws.