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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: Open Container - Alcohol
  • In compliance with Federal requirements
  • Does not meet Federal requirements
  • No open container law

Established in an effort to reduce drunk driving, open container laws prohibit individuals from being in possession of open containers of alcohol while in a motor vehicle. These restrictions can apply to the driver alone or both the driver and passengers in a vehicle. In order for a state to be in compliance with Federal requirements, the following criteria must be met:

  • Prohibit both possession of any open alcoholic beverage container and consumption of any alcoholic beverage in a motor vehicle
  • Have provisions that cover the entire passenger area of any motor vehicle, including any unlocked glove compartments and accessible storage areas
  • Apply to all beverage alcohol including beer, wine, and spirits
  • Apply to all vehicle occupants (notable exceptions include passengers of limousines, buses, taxi cabs, or persons in the living quarters of motor homes)
  • Apply to all vehicles on public highways or right-of-way of a public highway (includes the roadway and shoulder)
  • Require primary enforcement

As of 2016, 40 states and the District of Columbia are in compliance with these requirements.

To learn more about open container laws, refer to our policy position.

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


2016 Alcohol-Impaired Driving Fatality Data California National
Total Alcohol-Impaired Driving Fatalities 1,059 10,497
Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities 29.2 28.0
Under 21 Alcohol-Impaired Driving Fatalities 134 1,031
Percent of Under 21 Alcohol-Impaired Driving Fatalities of Total Under 21 Fatalities 30.5 22.3
2016 Alcohol-Impaired Driving Fatalities per 100,000 Population
Alcohol-Impaired Driving Fatalities per 100K population 2.7 3.3
Under 21 Alcohol-Impaired Driving Fatalities per 100K population 1.3 1.2
2007-2016 % Change in Alcohol-Impaired Driving Fatalities per 100K Pop
10-year Change in Alcohol-Impaired Driving Fatalities per 100K pop -12.9 -24.7
10-year Change in Under 21 Alcohol-Impaired Driving Fatalities per 100K pop 0.4 -44.8
Percent of Alcohol-Impaired Driving Fatalities Involving high BAC drivers (.15+)*
BAC=.15+ 66.3 70.3
Percent of Drivers in Fatal Crashes Involving Repeat Offenders
BAC .08-.14 30.8 26.6
BAC .15+ 69.2 73.4
12-20 Year Old Alcohol Consumption (latest available)
Past Month Alcohol Consumption (2015-2016) 17.9 19.8
Binge Drinking in Past 30-days (2015-2016) 11.3 12.7
2016 Arrest Data
Under 18: Driving under the influence 493 5,135
Total: Driving under the influence 129,752 1,017,808
Under 18: Liquor laws 1,210 29,073
Total: Liquor laws 8,857 234,899
Under 18: Drunkenness 880 3,805
Total: Drunkenness 69,869 376,433

Alcohol-Impaired Driving Fatality Data Source: NHTSA/FARS, 10/17

*Among drivers with a known alcohol test result

Youth Consumption Data Source: SAMHSA, Office of Applied Studies, National Surveys on Drug Use and Health, 12/2017 (

Arrest Data Source: 2016 FBI Uniform Crime Report (Tables 18, 20 and 22)

**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 2016 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 2016 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.

We all can work to end impaired driving. Learn how here.

For a comprehensive report on 2017 (latest available) State of Drunk Driving Fatalities in America, click here.

State Law State Law Detail
24/7 Programs No 24/7 legislation
Administrative License Suspension/Revocation ALS/ALR law enacted
BAC Test Refusal Administrative and criminal penalties
Drug Evaluation and Classification Program 500+ DREs
DUI Child Endangerment Laws Enhanced penalties
DUI Look-back Periods Ten years
DUID Zero Tolerance and Per Se Laws Impairment-based statute only
Oral Fluids no law, oral fluids test used
Enhanced Penalties for High-BAC 0.15
Felony DUI Fourth offense
Good Samaritan Good Samaritan law enacted
Habitual Offender Designation Habitual Offender Law Enacted
Marijuana Drug-Impaired Driving Laws No marijuana-specific drugged driving law
Open Container - Alcohol In compliance with Federal requirements
Sobriety Checkpoints Permitted
DUI Courts - Standalone 6-10 DUI Courts
DUI Courts - Hybrid No Hybrid Courts
Open Container - Marijuana Marijuana-specific open container law
DUID Affirmative Defense Special circumstances
Ignition Interlocks Discretionary
Top Detected Drug Category by State (2017) Stimulants