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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: Enhanced Penalties for High-BAC
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  • 0.15
  • 0.16
  • 0.17
  • 0.18
  • 0.2
  • No enhanced penalties for high-BAC

Drivers with a high blood alcohol concentration (BAC) have a heightened crash risk and are involved in the majority of fatal alcohol-impaired driving crashes. In recognition of the threat that these offenders pose, many states have passed laws that enhance drunk driving penalties in instances where the BAC is above a certain level. The specifics of these laws vary by state but typically include lengthier administrative license suspension/revocation, mandatory installation of an ignition interlock, increased fines, lengthier periods of incarceration, mandatory assessment and treatment, and ineligibility for deferred sentencing or diversion programs.

Some states have created a tiered system and require enhanced penalties at more than one BAC level. For example, offenders in Virginia face enhanced penalties at .15 and .20. The map identifies the lowest BAC at which enhanced penalties are applied.

To learn more about enhanced penalties for high-BAC drunk drivers, 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 Mississippi National
Total Alcohol-Impaired Driving Fatalities 128 10,497
Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities 18.7 28.0
Under 21 Alcohol-Impaired Driving Fatalities 15 1,031
Percent of Under 21 Alcohol-Impaired Driving Fatalities of Total Under 21 Fatalities 14.7 22.3
2016 Alcohol-Impaired Driving Fatalities per 100,000 Population
Alcohol-Impaired Driving Fatalities per 100K population 4.3 3.3
Under 21 Alcohol-Impaired Driving Fatalities per 100K population 1.8 1.2
2007-2016 % Change in Alcohol-Impaired Driving Fatalities per 100K Pop
10-year Change in Alcohol-Impaired Driving Fatalities per 100K pop -60.2 -24.7
10-year Change in Under 21 Alcohol-Impaired Driving Fatalities per 100K pop -68.0 -44.8
Percent of Alcohol-Impaired Driving Fatalities Involving high BAC drivers (.15+)*
BAC=.15+ 64.1 70.3
Percent of Drivers in Fatal Crashes Involving Repeat Offenders
BAC .08-.14 33.3 26.6
BAC .15+ 66.7 73.4
12-20 Year Old Alcohol Consumption (latest available)
Past Month Alcohol Consumption (2015-2016) 16.0 19.8
Binge Drinking in Past 30-days (2015-2016) 9.4 12.7
2016 Arrest Data
Under 18: Driving under the influence 66 5,135
Total: Driving under the influence 7,160 1,017,808
Under 18: Liquor laws 29 29,073
Total: Liquor laws 983 234,899
Under 18: Drunkenness 23 3,805
Total: Drunkenness 3,721 376,433

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 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 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
Oral Fluids no law, no program
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
DUI Courts - Standalone No DUI Courts
DUI Courts - Hybrid 31-40 Hybrid Courts
Open Container - Marijuana No marijuana open container law
DUID Affirmative Defense No affirmative defense