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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: 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. A total of seven states (Alaska, Arizona, Indiana, Missouri, New York, Oklahoma, and Texas have designated this offense as a felony.

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]


2016 Alcohol-Impaired Driving Fatality Data Washington National
Total Alcohol-Impaired Driving Fatalities 161 10,497
Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities 29.8 28.0
Under 21 Alcohol-Impaired Driving Fatalities 14 1,031
Percent of Under 21 Alcohol-Impaired Driving Fatalities of Total Under 21 Fatalities 20.9 22.3
2016 Alcohol-Impaired Driving Fatalities per 100,000 Population
Alcohol-Impaired Driving Fatalities per 100K population 2.2 3.3
Under 21 Alcohol-Impaired Driving Fatalities per 100K population 0.7 1.2
2007-2016 % Change in Alcohol-Impaired Driving Fatalities per 100K Pop
10-year Change in Alcohol-Impaired Driving Fatalities per 100K pop -26.4 -24.7
10-year Change in Under 21 Alcohol-Impaired Driving Fatalities per 100K pop -49.1 -44.8
Percent of Alcohol-Impaired Driving Fatalities Involving high BAC drivers (.15+)*
BAC=.15+ 65.6 70.3
Percent of Drivers in Fatal Crashes Involving Repeat Offenders
BAC .08-.14 53.8 26.6
BAC .15+ 46.2 73.4
12-20 Year Old Alcohol Consumption (latest available)
Past Month Alcohol Consumption (2015-2016) 18.4 19.8
Binge Drinking in Past 30-days (2015-2016) 11.9 12.7
2016 Arrest Data
Under 18: Driving under the influence 121 5,135
Total: Driving under the influence 23,209 1,017,808
Under 18: Liquor laws 776 29,073
Total: Liquor laws 2,487 234,899
Under 18: Drunkenness 3 3,805
Total: Drunkenness 22 376,433

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 Pilot program implemented
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 Seven years
DUID Zero Tolerance and Per Se Laws Per se limit greater than zero for some drugs
Oral Fluids no law, no program
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 THC per se (5 nanograms)
Open Container - Alcohol In compliance with Federal requirements
Sobriety Checkpoints No Statutory Authority
DUI Courts - Standalone 6-10 DUI Courts
DUI Courts - Hybrid 1-5 Hybrid Courts
Open Container - Marijuana Marijuana-specific open container law
DUID Affirmative Defense Special circumstances
Ignition Interlocks Mandatory all offender
Top Detected Drug Category by State (2017) Cannabis