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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: Marijuana Drug-Impaired Driving Laws
  • Zero tolerance for THC only
  • Zero tolerance for THC and metabolites
  • Zero tolerance for THC and metabolites (applies only to drivers under age 21)
  • THC per se (1 nanogram)
  • THC per se (2 nanograms)
  • THC per se (3 nanograms)
  • THC per se (5 nanograms)
  • Permissible inference THC law (5 nanograms)
  • No marijuana-specific drugged driving law

* For states without a marijuana-specific per se drugged driving law, an impairment-based statute exists that requires law enforcement to prove impairment of the driver. Successful prosecution depends on documented behavioral evidence and recent drug use.

** West Virginia’s per se law applies to state-registered medical cannabis users.

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

Indiana

2016 Alcohol-Impaired Driving Fatality Data Indiana National
Total Alcohol-Impaired Driving Fatalities 211 10,497
Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities 25.7 28.0
Under 21 Alcohol-Impaired Driving Fatalities 20 1,031
Percent of Under 21 Alcohol-Impaired Driving Fatalities of Total Under 21 Fatalities 20.2 22.3
2016 Alcohol-Impaired Driving Fatalities per 100,000 Population
Alcohol-Impaired Driving Fatalities per 100K population 3.2 3.3
Under 21 Alcohol-Impaired Driving Fatalities per 100K population 1.1 1.2
2007-2016 % Change in Alcohol-Impaired Driving Fatalities per 100K Pop
10-year Change in Alcohol-Impaired Driving Fatalities per 100K pop -10.0 -24.7
10-year Change in Under 21 Alcohol-Impaired Driving Fatalities per 100K pop -39.6 -44.8
Percent of Alcohol-Impaired Driving Fatalities Involving high BAC drivers (.15+)*
BAC=.15+ 70.5 70.3
Percent of Drivers in Fatal Crashes Involving Repeat Offenders
BAC .08-.14 22.2 26.6
BAC .15+ 77.8 73.4
12-20 Year Old Alcohol Consumption (latest available)
Past Month Alcohol Consumption (2015-2016) 20.9 19.8
Binge Drinking in Past 30-days (2015-2016) 13.9 12.7
2016 Arrest Data
Under 18: Driving under the influence 61 5,135
Total: Driving under the influence 13,492 1,017,808
Under 18: Liquor laws 745 29,073
Total: Liquor laws 3,665 234,899
Under 18: Drunkenness 38 3,805
Total: Drunkenness 4,316 376,433

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 (https://www.samhsa.gov/data/sites/default/files/NSDUHsaePercents2016/NSDUHsaePercents2016.pdf)

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 2016 (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 penalties
Drug Evaluation and Classification Program 101-150 DREs
DUI Child Endangerment Laws Statute without enhanced penalties
DUI Look-back Periods Five years
DUID Zero Tolerance and Per Se Laws Zero tolerance for some drugs
Oral Fluids other fluids law, but not used
Enhanced Penalties for High-BAC 0.15
Felony DUI Second offense
Good Samaritan Good Samaritan law enacted
Habitual Offender Designation Habitual Offender Law Enacted
Marijuana Drug-Impaired Driving Laws Zero tolerance for THC and metabolites
Open Container - Alcohol In compliance with Federal requirements
Sobriety Checkpoints Permitted
DUI Courts - Standalone No DUI Courts
DUI Courts - Hybrid 11-20 Hybrid Courts
Open Container - Marijuana No marijuana open container law
DUID Affirmative Defense Affirmative defense
Ignition Interlocks Discretionary
Top Detected Drug Category by State (2017) Cannabis