What rules catch Brits out in the USA?

Most US laws will feel familiar. A handful are stricter than in the UK, and each state makes many of its own, so what is fine in one place can be an offence in the next. Here are the ones newcomers most often get caught by.

At the border

The UK government’s travel advice says US authorities enforce entry rules strictly, and that breaking the terms of your entry can lead to detention, refusal of entry or removal. A few points catch people out:

• You need an ESTA (the online visa waiver) or a visa before you fly. You may not be able to use an ESTA if you have ever been arrested, even without a conviction
• An ESTA is for visits of up to 90 days. It doesn’t allow paid work for a US employer
• Officers may ask to look at your phone, emails, messages and social media. If you refuse, they can delay or deny your entry
• Always carry your passport showing you have permission to be in the US

Declare all meat, fruit, vegetables, plants, seeds, soil and animal products on arrival. Undeclared items are taken away, and law firms report civil penalties of up to $1,000 for a first offence, more if the goods are for business. If you carry more than $10,000 in cash or similar (such as traveller’s cheques), in total for the family, you must report it on FinCEN Form 105. Not reporting can mean the money is seized. See Shipping your belongings and Bringing medicines.

Alcohol and tobacco: 21

• The legal age to buy or drink alcohol is 21 everywhere in the US. Bars, shops and restaurants check ID, so carry it
• The federal minimum age to buy tobacco and vapes is also 21. Shops must check photo ID for anyone under 30
• Drinking in the street, in parks or on beaches is banned in many cities and states, and rules differ from place to place. Look for signs or check the city’s rules first

Drinking and driving

The limit is the same as England’s, but the UK government warns that breaking state or federal law can put your visa status and future travel to the US at risk, and an arrest alone can stop you using an ESTA. Don’t drive after drinking. See Driving in the USA.

On the road

• School buses: when a school bus has its red lights flashing and stop arm out, you must stop. In New York, drivers in both directions must stop, even on a dual carriageway. A first offence there means a $250 fine and 5 points on your licence, and possibly jail. Most states have similar rules
• Turning right on a red light is allowed in most of the US after a full stop, unless a sign says no. New York City is the big exception: there, you may only turn right on red where a sign allows it
• You drive on the right, distances are in miles and speed limits are in miles per hour

Jaywalking

Crossing the road away from a crossing used to be an offence in many US cities. California relaxed its law from 1 January 2023: police can only fine you if there is an immediate danger of a crash. New York City made crossing anywhere legal in late 2024, but pedestrians outside a crossing don’t have right of way. Other cities still fine people, so use crossings until you know the local rules.

Cannabis

Some states allow adults to buy cannabis, but under federal law most cannabis is still an illegal drug. The federal government has been reviewing how cannabis is classified, with no fixed timeline, so check the latest. For visa holders this matters:

• The UK government warns that illegal drugs, including cannabis, carry severe penalties, including at airports
• US immigration guidance says using cannabis, or even working in the industry, can count against you when you apply for citizenship, even where it is legal in your state
• Never carry cannabis across a state line or through an airport

If you hold a visa or plan to apply for a green card, take advice from an immigration attorney before you use it.

Tax and tips are added on

Prices are usually shown before sales tax, which is added at the till. Combined state and average local rates on 1 January 2026:

Rates in a particular city can be higher than the state average. In a full-service restaurant, a tip of 15% to 20% or more is expected: in a 2023 Pew Research Center survey most people said they tip 15% or less for an average meal, while restaurant guides now suggest at least 20%. Check the bill first: some restaurants add a service charge for large groups.

Guns

Gun laws differ widely by state. The UK government’s travel advice says gun crime rarely affects visitors, and points to US Department of Homeland Security advice on what to do in an active shooter incident. Follow local news and the advice of local authorities. See Choosing a city.