Stay up to date with Responsibility.org

State Map

SELECT A STATE from the National Totals dropdown menu to view statistics about impaired driving and underage drinking.

SELECT A LAW to view the details of each state’s impaired driving and underage drinking laws.

See how your state measures up to the rest of the country!

State Law: Enhanced Penalties for High-BAC
  • 0.1
  • 0.15
  • 0.16
  • 0.17
  • 0.18
  • 0.2
  • No enhanced penalties for high-BAC

Drivers with a high blood alcohol concentration (BAC) have a heightened crash risk and are involved in the majority of fatal alcohol-impaired driving crashes. In recognition of the threat that these offenders pose, many states have passed laws that enhance drunk driving penalties in instances where the BAC is above a certain level. The specifics of these laws vary by state but typically include lengthier administrative license suspension/revocation, mandatory installation of an ignition interlock, increased fines, lengthier periods of incarceration, mandatory assessment and treatment, and ineligibility for deferred sentencing or diversion programs.

Some states have created a tiered system and require enhanced penalties at more than one BAC level. For example, offenders in Virginia face enhanced penalties at .15 and .20. The map identifies the lowest BAC at which enhanced penalties are applied.

To learn more about enhanced penalties for high-BAC drunk drivers, refer to our policy position.

To submit a law update, please contact out Director of Traffic Safety at erin.holmes@responsibility.org

2015 Alcohol-Impaired Driving Fatality DataNational
Total Alcohol-Impaired Driving Fatalities10,265
Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities29.3
Under 21 Alcohol-Impaired Driving Fatalities1,021
Percent of Under 21 Alcohol-Impaired Driving Fatalities of Total Under 21 Fatalities23.0
2015 Alcohol-Impaired Driving Fatalities per 100,000 Population
Alcohol-Impaired Driving Fatalities per 100K population3.2
Under 21 Alcohol-Impaired Driving Fatalities per 100K population1.2
2006-2015 % Change in Alcohol-Impaired Driving Fatalities per 100K Pop
10-year Change in Alcohol-Impaired Driving Fatalities per 100K pop-29.0
10-year Change in Under 21 Alcohol-Impaired Driving Fatalities per 100K pop-49.7
Percent of Alcohol-Impaired Driving Fatalities Involving high BAC drivers (.15+)*
BAC=.15+69.2
Percent of Drivers in Fatal Crashes Involving Repeat Offenders
BAC .08-.1427.0
BAC .15+73.0
2013 and 2014 12-20 Year Old Alcohol Consumption (latest available)
Past Month Alcohol Consumption22.8
Binge Drinking in Past 30-days14.0
2015 Arrest Data
Under 18: Driving under the influence5,064
Total: Driving under the influence833,833
Under 18: Liquor laws33,155
Total: Liquor laws204,665
Under 18: Drunkenness4,243
Total: Drunkenness314,856

Alcohol-Impaired Driving Fatality Data Source: NHTSA/FARS, 10/16

*Among drivers with a known alcohol test result

*Youth Consumption Data Source: SAMHSA, Office of Applied Studies, National Survey on Drug Use and Health, 12/15, (http://www.samhsa.gov/data/population-data-nsduh)

*Arrest Data Source: 2015 FBI Uniform Crime Report (Tables 38 and 69)

**Drunkenness is not considered a crime in some states; therefore, the figures may vary widely from state to state

*Limited, incomplete, or no data were reported by the District of Columbia, Florida, Illinois, and New York in the 2015 Uniform Crime Report. Data should be used with caution and should not be compared to other states or previous year data.

Note: Because the number of agencies submitting arrest data varies from year to year, users are cautioned about making direct comparisons between 2015 arrest totals and those published in previous years’ editions of Crime in the United States. Further, arrest figures may vary widely from state to state because some Part II crimes of the Uniform Crime Report are not considered crimes in some states.

For a comprehensive report on the 2016 State of Drunk Driving Fatalities in America, click here.

StateState Law
Alabama0.15
AlaskaNo enhanced penalties for high-BAC
Arizona0.15
ArkansasNo enhanced penalties for high-BAC
California0.15
Colorado0.17
Connecticut0.16
Delaware0.15
District of Columbia0.2
Florida0.15
Georgia0.15
HawaiiNo enhanced penalties for high-BAC
Idaho0.2
Illinois0.16
Indiana0.15
Iowa0.15
Kansas0.15
Kentucky0.15
Louisiana0.15
Maine0.15
Maryland0.15
Massachusetts0.2
Michigan0.17
Minnesota0.16
MississippiNo enhanced penalties for high-BAC
Missouri0.15
Montana0.16
Nebraska0.15
Nevada0.18
New Hampshire0.16
New Jersey0.1
New Mexico0.16
New York0.18
North Carolina0.15
North Dakota0.18
Ohio0.17
Oklahoma0.15
Oregon0.15
Pennsylvania0.16
Rhode Island0.15
South Carolina0.16
South Dakota0.17
Tennessee0.2
Texas0.15
Utah0.16
Vermont0.16
Virginia0.15
Washington0.15
West Virginia0.15
Wisconsin0.17
Wyoming0.15