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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: 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 erin.holmes@responsibility.org

 

2015 Alcohol-Impaired Driving Fatality Data National
Total Alcohol-Impaired Driving Fatalities 10,265
Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities 29.3
Under 21 Alcohol-Impaired Driving Fatalities 1,021
Percent of Under 21 Alcohol-Impaired Driving Fatalities of Total Under 21 Fatalities 23.0
2015 Alcohol-Impaired Driving Fatalities per 100,000 Population
Alcohol-Impaired Driving Fatalities per 100K population 3.2
Under 21 Alcohol-Impaired Driving Fatalities per 100K population 1.2
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-.14 27.0
BAC .15+ 73.0
12-20 Year Old Alcohol Consumption (latest available)
Past Month Alcohol Consumption (2014-2015) 21.6
Binge Drinking in Past 30-days (2012-2014) 14.4
2015 Arrest Data
Under 18: Driving under the influence 5,064
Total: Driving under the influence 833,833
Under 18: Liquor laws 33,155
Total: Liquor laws 204,665
Under 18: Drunkenness 4,243
Total: Drunkenness 314,856

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 2015 (latest available) State of Drunk Driving Fatalities in America, click here.

State State Law
Alabama Administrative penalties
Alaska Administrative and criminal penalties
Arizona Administrative penalties
Arkansas Administrative and criminal penalties
California Administrative and criminal penalties
Colorado Administrative penalties
Connecticut Administrative penalties
Delaware Administrative penalties
District of Columbia Administrative penalties
Florida Administrative and criminal penalties
Georgia Administrative penalties
Hawaii Administrative and criminal penalties
Idaho Administrative penalties
Illinois Administrative penalties
Indiana Administrative penalties
Iowa Administrative penalties
Kansas Administrative penalties
Kentucky Administrative and criminal penalties
Louisiana Administrative and criminal penalties
Maine Administrative and criminal penalties
Maryland Administrative penalties
Massachusetts Administrative penalties
Michigan Administrative penalties
Minnesota Administrative and criminal penalties
Mississippi Administrative penalties
Missouri Administrative penalties
Montana Administrative penalties
Nebraska Administrative and criminal penalties
Nevada Administrative penalties
New Hampshire Administrative penalties
New Jersey Administrative penalties
New Mexico Administrative penalties
New York Administrative penalties
North Carolina Administrative penalties
North Dakota Administrative and criminal penalties
Ohio Administrative penalties
Oklahoma Administrative penalties
Oregon Administrative penalties
Pennsylvania Administrative penalties
Rhode Island Administrative and criminal penalties
South Carolina Administrative penalties
South Dakota Administrative penalties
Tennessee Administrative and criminal penalties
Texas Administrative penalties
Utah Administrative penalties
Vermont Administrative and criminal penalties
Virginia Administrative and criminal penalties
Washington Administrative penalties
West Virginia Administrative penalties
Wisconsin Administrative penalties
Wyoming None