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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 [email protected]

 

Louisiana

2016 Alcohol-Impaired Driving Fatality Data Louisiana National
Total Alcohol-Impaired Driving Fatalities 225 10,497
Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities 29.7 28.0
Under 21 Alcohol-Impaired Driving Fatalities 17 1,031
Percent of Under 21 Alcohol-Impaired Driving Fatalities of Total Under 21 Fatalities 16.7 22.3
2016 Alcohol-Impaired Driving Fatalities per 100,000 Population
Alcohol-Impaired Driving Fatalities per 100K population 4.8 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 -43.7 -24.7
10-year Change in Under 21 Alcohol-Impaired Driving Fatalities per 100K pop -68.2 -44.8
Percent of Alcohol-Impaired Driving Fatalities Involving high BAC drivers (.15+)*
BAC=.15+ 68.6 70.3
Percent of Drivers in Fatal Crashes Involving Repeat Offenders
BAC .08-.14 18.2 26.6
BAC .15+ 81.8 73.4
12-20 Year Old Alcohol Consumption (latest available)
Past Month Alcohol Consumption (2015-2016) 22.7 19.8
Binge Drinking in Past 30-days (2015-2016) 13.6 12.7
2016 Arrest Data
Under 18: Driving under the influence 32 5,135
Total: Driving under the influence 7,587 1,017,808
Under 18: Liquor laws 233 29,073
Total: Liquor laws 3,596 234,899
Under 18: Drunkenness 25 3,805
Total: Drunkenness 3,567 376,433

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.

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 and criminal penalties
Drug Evaluation and Classification Program 51-100 DREs
DUI Child Endangerment Laws Enhanced penalties
DUI Look-back Periods Ten years
DUID Zero Tolerance and Per Se Laws Impairment-based statute only
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 Does not meet Federal requirements
Sobriety Checkpoints Permitted
DUID Affirmative Defense Affirmative defense
DUI Courts - Standalone 6-10 DUI Courts
DUI Courts - Hybrid 1-5 Hybrid Courts
Open Container - Marijuana No marijuana open container law
Ignition Interlocks Mandatory all offender