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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: Sobriety Checkpoints
  • Permitted
  • Alternative to checkpoints
  • No Statutory Authority
  • Prohibited

Sobriety checkpoints are a common form of high visibility enforcement that creates general deterrence. In order to maximize the deterrent effect, checkpoints should be highly publicized, highly visible, and conducted frequently. If drivers perceive a high likelihood of being detected for driving while impaired they may be less likely to engage in the behavior.

Currently, 38 states and the District of Columbia permit the use of sobriety checkpoints as part of impaired driving enforcement efforts. Twelve states do not use checkpoints for the following reasons:

  • No statutory authority – Alaska, Iowa; South Carolina also lacks statutory authority but opts to conduct checkpoints
  • Illegal under state constitutionMichigan, Minnesota, Oregon, Rhode Island, Washington
  • Illegal under state lawIdaho
  • Illegal under interpretation of federal constitutionTexas
  • Prohibited by statuteWisconsin, Wyoming
  • AlternativeMontana (permits ‘safety spot-checks’)

Also note that Missouri technically permits sobriety checkpoints however, the state budget prohibits funds from being spent on their administration. As a result, checkpoints are not conducted.

To learn more about high visibility enforcement, refer to our policy position.

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

Wisconsin

2016 Alcohol-Impaired Driving Fatality Data Wisconsin National
Total Alcohol-Impaired Driving Fatalities 193 10,497
Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities 31.8 28.0
Under 21 Alcohol-Impaired Driving Fatalities 20 1,031
Percent of Under 21 Alcohol-Impaired Driving Fatalities of Total Under 21 Fatalities 25.3 22.3
2016 Alcohol-Impaired Driving Fatalities per 100,000 Population
Alcohol-Impaired Driving Fatalities per 100K population 3.3 3.3
Under 21 Alcohol-Impaired Driving Fatalities per 100K population 1.3 1.2
2007-2016 % Change in Alcohol-Impaired Driving Fatalities per 100K Pop
10-year Change in Alcohol-Impaired Driving Fatalities per 100K pop -40.4 -24.7
10-year Change in Under 21 Alcohol-Impaired Driving Fatalities per 100K pop -62.8 -44.8
Percent of Alcohol-Impaired Driving Fatalities Involving high BAC drivers (.15+)*
BAC=.15+ 72.6 70.3
Percent of Drivers in Fatal Crashes Involving Repeat Offenders
BAC .08-.14 24.1 26.6
BAC .15+ 75.9 73.4
12-20 Year Old Alcohol Consumption (latest available)
Past Month Alcohol Consumption (2015-2016) 22.4 19.8
Binge Drinking in Past 30-days (2015-2016) 14.7 12.7
2016 Arrest Data
Under 18: Driving under the influence 235 5,135
Total: Driving under the influence 24,795 1,017,808
Under 18: Liquor laws 2,266 29,073
Total: Liquor laws 12,675 234,899
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 Pilot program authorized
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 Ten years
DUID Zero Tolerance and Per Se Laws Zero tolerance for some drugs
Oral Fluids no law, no program
Enhanced Penalties for High-BAC 0.17
Felony DUI Fourth offense
Good Samaritan Good Samaritan law enacted
Habitual Offender Designation Habitual Offender Law Enacted
Marijuana Drug-Impaired Driving Laws Zero tolerance for THC only
Open Container - Alcohol In compliance with Federal requirements
Sobriety Checkpoints Prohibited
DUI Courts - Standalone 11-15 DUI Courts
DUI Courts - Hybrid 6-10 Hybrid Courts
Open Container - Marijuana No marijuana open container law
DUID Affirmative Defense Affirmative defense
Ignition Interlocks Mandatory high-BAC and repeat offender
Top Detected Drug Category by State (2017) Cannabis