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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: Felony DUI
  • Second offense
  • Third offense
  • Fourth offense
  • No felony DUI law

* Second offense caveats: for the law to apply, an individual must have a previous offense within five years in IN; ten years in NY and OK; dependent upon circumstances in MN.

** Third offense caveats: for the law to apply, an individual must have a previous offense within five years in RI and SD; ten years in AK, CT, FL, MI, UT, and VA.

*** Fourth offense caveats: for the law to apply, an individual must have a previous offense within five years in AL, AR, WI, and WY; six years in OH; seven years in ND; ten years in GA, SC, and TN; twelve years in NE.

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

North Dakota

2016 Alcohol-Impaired Driving Fatality Data North Dakota National
Total Alcohol-Impaired Driving Fatalities 50 10,497
Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities 45.1 28.0
Under 21 Alcohol-Impaired Driving Fatalities 5 1,031
Percent of Under 21 Alcohol-Impaired Driving Fatalities of Total Under 21 Fatalities 33.3 22.3
2016 Alcohol-Impaired Driving Fatalities per 100,000 Population
Alcohol-Impaired Driving Fatalities per 100K population 6.7 3.3
Under 21 Alcohol-Impaired Driving Fatalities per 100K population 2.4 1.2
2007-2016 % Change in Alcohol-Impaired Driving Fatalities per 100K Pop
10-year Change in Alcohol-Impaired Driving Fatalities per 100K pop -19.8 -24.7
10-year Change in Under 21 Alcohol-Impaired Driving Fatalities per 100K pop -61.7 -44.8
Percent of Alcohol-Impaired Driving Fatalities Involving high BAC drivers (.15+)*
BAC=.15+ 78.4 70.3
Percent of Drivers in Fatal Crashes Involving Repeat Offenders
BAC .08-.14 25.0 26.6
BAC .15+ 75.0 73.4
12-20 Year Old Alcohol Consumption (latest available)
Past Month Alcohol Consumption (2015-2016) 31.7 19.8
Binge Drinking in Past 30-days (2015-2016) 22.1 12.7
2016 Arrest Data
Under 18: Driving under the influence 26 5,135
Total: Driving under the influence 5,725 1,017,808
Under 18: Liquor laws 469 29,073
Total: Liquor laws 2,922 234,899
Under 18: Drunkenness 0 3,805
Total: Drunkenness 309 376,433

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 Statewide program
Administrative License Suspension/Revocation ALS/ALR law enacted
BAC Test Refusal Administrative and criminal penalties
Drug Evaluation and Classification Program 16-50 DREs
DUI Child Endangerment Laws Enhanced penalties
DUI Look-back Periods Seven years
DUID Zero Tolerance and Per Se Laws Impairment-based statute only
Enhanced Penalties for High-BAC 0.18
Oral Fluids no law, no program
Felony DUI Fourth 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 Discretionary
DUI Courts - Standalone 1-5 DUI Courts
DUI Courts - Hybrid 1-5 Hybrid Courts
Open Container - Marijuana No marijuana open container law
DUID Affirmative Defense Affirmative defense