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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 Look-back Periods
  • Five years
  • Six years
  • Seven years
  • Ten years
  • Twelve years
  • Fifteen years
  • Lifetime

A look-back period is the length of time that a drunk driving offense remains on a driver’s record. In many states, the look-back period also has criminal sentencing implications as it often is the time frame used to determine whether previous offenses can be taken into consideration. For example, if a state has a ten year look-back period, only DUI convictions within the previous decade can be counted to designate a person as a second or subsequent DUI offender which may result in harsher sanctions.

Some states have more than one look-back period depending on the number of prior convictions or BAC level. The map identifies the lengthier of the two look-back periods in the following states:

  • Delaware has a 10 year look-back period for a second offense and a lifetime look-back period for third and subsequent offenses.
  • Florida has a 10 year look-back period for a third offense (to classify as a felony) and a lifetime look-back period for fourth and subsequent offenses.
  • Idaho has a 10 year look-back period for DUIs and a 5 year look-back period for DUIs with BACs of .20 or greater (second offense within 5 years is classified as a felony).
  • Michigan has a 7 year look-back period for a second offense and a lifetime look-back period for third and subsequent offenses (classified as a felony).
  • Montana has a 10 year look-back period for a second offense and a lifetime look-back period for third and subsequent offenses.
  • New York has a 10 year look-back period for a second offense and a 15 year look-back period for third and subsequent offenses.
  • Texas has a lifetime look-back period; however, a 5 year look-back period for second and subsequent offenses is applied when determining if an offender must install an ignition interlock.

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

New York

2016 Alcohol-Impaired Driving Fatality Data New York National
Total Alcohol-Impaired Driving Fatalities 283 10,497
Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities 27.5 28.0
Under 21 Alcohol-Impaired Driving Fatalities 30 1,031
Percent of Under 21 Alcohol-Impaired Driving Fatalities of Total Under 21 Fatalities 28.0 22.3
2016 Alcohol-Impaired Driving Fatalities per 100,000 Population
Alcohol-Impaired Driving Fatalities per 100K population 1.4 3.3
Under 21 Alcohol-Impaired Driving Fatalities per 100K population 0.6 1.2
2007-2016 % Change in Alcohol-Impaired Driving Fatalities per 100K Pop
10-year Change in Alcohol-Impaired Driving Fatalities per 100K pop -26.2 -24.7
10-year Change in Under 21 Alcohol-Impaired Driving Fatalities per 100K pop -43.5 -44.8
Percent of Alcohol-Impaired Driving Fatalities Involving high BAC drivers (.15+)*
BAC=.15+ 70.6 70.3
Percent of Drivers in Fatal Crashes Involving Repeat Offenders
BAC .08-.14 36.4 26.6
BAC .15+ 63.6 73.4
12-20 Year Old Alcohol Consumption (latest available)
Past Month Alcohol Consumption (2015-2016) 23.2 19.8
Binge Drinking in Past 30-days (2015-2016) 15.4 12.7
2016 Arrest Data
Under 18: Driving under the influence 113 5,135
Total: Driving under the influence 29,238 1,017,808
Under 18: Liquor laws 201 29,073
Total: Liquor laws 1,599 234,899
Under 18: Drunkenness 0 3,805
Total: Drunkenness 0 376,433

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 151-250 DREs
DUI Child Endangerment Laws Enhanced penalties
DUI Look-back Periods Fifteen years
DUID Zero Tolerance and Per Se Laws Impairment-based statute only
Enhanced Penalties for High-BAC 0.18
Oral Fluids law in place, program used (NYC only)
Felony DUI Second offense
Good Samaritan 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 In compliance with Federal requirements
Sobriety Checkpoints Permitted
Ignition Interlocks Mandatory all offender
DUI Courts - Standalone No DUI Courts
DUI Courts - Hybrid 51+ Hybrid Courts
Open Container - Marijuana No marijuana open container law
DUID Affirmative Defense No affirmative defense