Glossary
Blood alcohol concentration (BAC)
The amount of alcohol in a person's blood, measured in grams per deciliter. A breath or blood test after a crash records it.
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. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary 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. A law that can make a bar or store liable for serving alcohol to someone who then causes a crash. Glossary. Our guide to drunk driver accidents covers these claims in detail, and the accident types hub compares them with other crashes.
Example#
Related terms#
Questions people ask
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 — BAC limits and alcohol-impaired-driving deaths
- Florida Legislature, Florida Statutes § 768.736 — punitive damages limits and intoxicated defendants
Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.
Keep reading
- GlossaryGlossaryShort, plain-English definitions of the legal and insurance terms that come up after a crash, each with an example, related terms and the sources behind it.
- Accident typesDrunk driver accidentsA drunk-driving crash usually leads to two cases: the state's criminal case and your own injury claim. How they differ, when punitive damages or a bar can be…
- Accident typesAccident typesThe kind of crash decides who can be held responsible, which insurance policies pay and what evidence matters most. Start here, then read the guide for your…
- GlossaryBodily injury liabilityThe part of a driver's auto policy that pays for injuries they cause to other people.
- GlossaryCase costsOut-of-pocket expenses of pursuing a claim, such as filing fees, medical records, expert witnesses and court reporters. They are separate from the lawyer's fee.
- GlossaryCausationThe link between someone's careless act and your injury. You must show the crash caused the harm you are claiming.