Stay up to date with

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 Mississippi National
Total Alcohol-Impaired Driving Fatalities 175 10,265
Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities 25.8 29.3
Under 21 Alcohol-Impaired Driving Fatalities 24 1,021
Percent of Under 21 Alcohol-Impaired Driving Fatalities of Total Under 21 Fatalities 20.2 23.0
2015 Alcohol-Impaired Driving Fatalities per 100,000 Population
Alcohol-Impaired Driving Fatalities per 100K population 5.9 3.2
Under 21 Alcohol-Impaired Driving Fatalities per 100K population 2.8 1.2
2006-2015 % Change in Alcohol-Impaired Driving Fatalities per 100K Pop
10-year Change in Alcohol-Impaired Driving Fatalities per 100K pop -49.1 -29.0
10-year Change in Under 21 Alcohol-Impaired Driving Fatalities per 100K pop -48.4 -49.7
Percent of Alcohol-Impaired Driving Fatalities Involving high BAC drivers (.15+)*
BAC=.15+ 68.3 69.2
Percent of Drivers in Fatal Crashes Involving Repeat Offenders
BAC .08-.14 26.7 27.0
BAC .15+ 73.3 73.0
12-20 Year Old Alcohol Consumption (latest available)
Past Month Alcohol Consumption (2014-2015) 17.7 21.6
Binge Drinking in Past 30-days (2012-2014) 13.0 14.4
2015 Arrest Data
Under 18: Driving under the influence 48 5,064
Total: Driving under the influence 6,889 833,833
Under 18: Liquor laws 43 33,155
Total: Liquor laws 1,182 204,665
Under 18: Drunkenness 38 4,243
Total: Drunkenness 3,803 314,856

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, (

*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 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 0-15 DREs
DUI Child Endangerment Laws Statute without enhanced penalties
DUI Look-back Periods Five years
DUID Zero Tolerance and Per Se Laws Impairment-based statute only
Enhanced Penalties for High-BAC No enhanced penalties for high-BAC
Felony DUI Third offense
Good Samaritan No Good Samaritan law enacted
Habitual Offender Designation No Habitual Offender Law
Marijuana Drug-Impaired Driving Laws No marijuana-specific drugged driving law
Open Container - Alcohol No open container law
Sobriety Checkpoints Permitted
Ignition Interlocks Mandatory all offender
Open Container - Marijuana No marijuana open container law
DUI Courts - Hybrid 31-40 Hybrid Courts
DUI Courts - Standalone No DUI Courts
DUID Affirmative Defense No affirmative defense