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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: DUI Child Endangerment Laws
  • Enhanced penalties
  • Statute without enhanced penalties
  • No DUI child endangerment law

Child endangerment laws are designed to deter and punish individuals who endanger the welfare of children. In the context of impaired driving, these laws recognize the seriousness of an adult putting children, who are incapable of protecting themselves, in harm’s way by driving drunk. Current laws create a separate charge for driving under the influence with a child in the vehicle, enhance existing DUI penalties, or both. In some instances, the presence of child in the vehicle at the time of arrest will also be considered an aggravating factor during sentencing.

Currently, 47 states and DC have enacted child endangerment DUI laws. More specifically, 42 states and DC have enhanced penalties for DUI convictions with a child passenger.

To learn more about DUI child endangerment laws, refer to our policy position.

To submit a law update, please contact out Director of Traffic Safety at [email protected]

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 Enhanced penalties
Alaska Statute without enhanced penalties
Arizona Enhanced penalties
Arkansas Enhanced penalties
California Enhanced penalties
Colorado Enhanced penalties
Connecticut Enhanced penalties
Delaware Enhanced penalties
District of Columbia Enhanced penalties
Florida Enhanced penalties
Georgia Enhanced penalties
Hawaii Enhanced penalties
Idaho Enhanced penalties
Illinois Enhanced penalties
Indiana Statute without enhanced penalties
Iowa Enhanced penalties
Kansas Enhanced penalties
Kentucky Enhanced penalties
Louisiana Enhanced penalties
Maine Enhanced penalties
Maryland Enhanced penalties
Massachusetts Enhanced penalties
Michigan Enhanced penalties
Minnesota Enhanced penalties
Mississippi Statute without enhanced penalties
Missouri Statute without enhanced penalties
Montana Enhanced penalties
Nebraska Enhanced penalties
Nevada Enhanced penalties
New Hampshire Enhanced penalties
New Jersey Enhanced penalties
New Mexico No DUI child endangerment law
New York Enhanced penalties
North Carolina Enhanced penalties
North Dakota Enhanced penalties
Ohio Enhanced penalties
Oklahoma Enhanced penalties
Oregon Enhanced penalties
Pennsylvania Statute without enhanced penalties
Rhode Island Enhanced penalties
South Carolina Enhanced penalties
South Dakota No DUI child endangerment law
Tennessee Enhanced penalties
Texas Enhanced penalties
Utah Enhanced penalties
Vermont No DUI child endangerment law
Virginia Enhanced penalties
Washington Enhanced penalties
West Virginia Enhanced penalties
Wisconsin Enhanced penalties
Wyoming Enhanced penalties