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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: BAC Test Refusal
  • Administrative penalties
  • Administrative and criminal penalties
  • None

A total of 15 states have criminal test refusal penalties in some form. Caveats apply for the following states:

  • Arkansas – law only applies to drivers under 21
  • California – refusal only carries criminal penalties if the individual is convicted of the DUI
  • Florida – refusal becomes a misdemeanor if the driver’s license has previously been suspended for refusal
  • Kentucky – refusal only carries criminal penalties if the individual is convicted of the DUI
  • Louisiana – law only applies if the individual has refused to submit to a chemical test on two previous occasions
  • Maine – refusal can be considered an aggravating factor at the time of sentencing
  • Tennessee – refusal only carries criminal penalties if the person has a suspended/revoked license for DUI or a vehicular assault conviction
  • Vermont – refusal only carries criminal penalties if the person has previously been convicted of DUI or is involved in a collision causing serious bodily injury/death

* On 6/23/2016 the Supreme Court of the United States (SCOTUS) ruled in Birchfield v. North Dakota that motorists may not be criminally punished for refusing to submit to a blood test based on legally implied consent. It remains to be seen what impact this will have on the states that currently have criminal penalties for test refusal (that apply to both breath and blood) in place.

To learn more about test refusal penalties, refer to our policy position.

To submit a law update, please contact out Director of Traffic Safety at


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+)*
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, (

*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
AlabamaAdministrative penalties
AlaskaAdministrative and criminal penalties
ArizonaAdministrative penalties
ArkansasAdministrative and criminal penalties
CaliforniaAdministrative and criminal penalties
ColoradoAdministrative penalties
ConnecticutAdministrative penalties
DelawareAdministrative penalties
District of ColumbiaAdministrative penalties
FloridaAdministrative and criminal penalties
GeorgiaAdministrative penalties
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MontanaAdministrative penalties
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