{"data":{"id":"us/23-cfr-1225.4","jurisdiction":"us","citation":"23 CFR 1225.4","heading":"Adoption of 0.08 BAC per se law.","body":"In order to avoid the withholding of funds as specified in § 1225.8 of this part, and to qualify for an incentive grant under § 1225.5 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:\n(a) Apply to all persons;\n(b) Set a BAC of not higher than 0.08 percent as the legal limit;\n(c) Make operating a motor vehicle by an individual at or above the legal limit a per se offense;\n(d) Provide for primary enforcement;\n(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\n(f) Be deemed to be or be equivalent to the standard driving while intoxicated offense in the State.","path":["Title 23—Highways","CHAPTER II—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION","SUBCHAPTER B—GUIDELINES","PART 1225—OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-23.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:50Z","sha256":"7bc458b7786e7c88eeb4c87f20aea15d629686511e996ba7c6efea1f8959328b","source_id":"us-cfr","stale":true,"prev":"us/23-cfr-1225.3","next":"us/23-cfr-1225.5"},"notice":"GroundRules: Original legal text. Not legal advice."}