# Blood alcohol concentration (BAC)

> BAC is the amount of alcohol in a person's blood. Here is the legal limit for drivers and how a test result can affect a car accident claim.

Canonical page: https://accidentclaimfacts.com/glossary/blood-alcohol-concentration/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

Blood alcohol concentration (BAC) is the amount of alcohol in a person's blood, measured in grams per deciliter (g/dL). Police measure it with a breath or blood test. According to NHTSA, it is illegal to drive with a BAC of 0.08 g/dL or higher in every state except Utah, where the limit is 0.05 g/dL.

## In a car accident claim

Alcohol plays a part in many serious crashes: NHTSA counted 11,904 deaths in alcohol-impaired-driving crashes in 2024. When police suspect a driver was drinking, the test result usually ends up in the crash report and in any criminal case, and both can be requested as evidence in an injury claim.

A BAC over the limit can help show that a driver was careless, but the injured person still has to show the crash caused their injuries. It can also raise the stakes. In Florida, for example, the usual limits on punitive damages do not apply to a defendant who was impaired by alcohol or drugs or had a blood or breath alcohol level of 0.08 or higher. In some states, a bar that served a visibly drunk driver can share the blame under a dram shop law. Our guide to [drunk driver accidents](https://accidentclaimfacts.com/accidents/drunk-driver-accidents/) covers these claims in detail, and the [accident types hub](https://accidentclaimfacts.com/accidents/) compares them with other crashes.

## Example

> **Example:** A driver runs a red light late at night and hits another car. The officer arranges a breath test, and the result is above the legal limit. The injured driver's lawyer later asks for the crash report and the criminal court file, which both record the BAC result.

## Related terms

- [Dram shop law](https://accidentclaimfacts.com/glossary/dram-shop-law/)
- [Punitive damages](https://accidentclaimfacts.com/glossary/punitive-damages/)
- [Negligence per se](https://accidentclaimfacts.com/glossary/negligence-per-se/)
- [Social host liability](https://accidentclaimfacts.com/glossary/social-host-liability/)

## FAQ

### What is the legal BAC limit for driving?

In every state except Utah, it is illegal to drive with a BAC of 0.08 g/dL or higher. Utah's limit is 0.05 g/dL.

### Can a driver under the legal limit still be at fault for a crash?

Yes. An injury claim asks whether the driver acted carelessly and caused the crash. A BAC below the limit does not prove a driver was careful, and a BAC above it does not by itself prove what caused your injuries.

## Sources

- [NHTSA, Drunk Driving](https://www.nhtsa.gov/risky-driving/drunk-driving) — BAC limits and alcohol-impaired-driving deaths
- [Florida Legislature, Florida Statutes § 768.736](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.736.html) — punitive damages limits and intoxicated defendants
