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Issue Overview

Alcohol impairment – or drunk driving – is a factor in nearly one-third of all traffic fatalities. Someone was killed in an alcohol-impaired-driving crash an average of every 38 minutes in 2022. Drunk driving deaths have skyrocketed 33% in just three years, rising from 10,196 in 2019 to 13,524 in 2022 (Overview of Motor Vehicle Traffic Crashes in 2022, National Highway Traffic Safety Administration [NHTSA]). 

State and local law enforcement officials work year-round to identify alcohol-impaired drivers and get them off our roads. At specific times throughout the year, these efforts are amplified through the national drunk driving crackdown, Drive Sober or Get Pulled Over, organized by NHTSA. GHSA's member State Highway Safety Offices (SHSOs) work with their state and local law enforcement partners on this campaign, which combines high-visibility law enforcement with public awareness and education campaigns to deter or detect drunk drivers. Many states also conduct sobriety checkpoints throughout the year.

To reduce drunk driving crashes, injuries and fatalities, GHSA supports state legislative efforts to lower the per se Blood Alcohol Content (BAC) limit from .08 to .05. Only one state – Utah – currently has a .05 BAC limit. A 2022 NHTSA study found that after the state enacted a lower BAC limit, traffic deaths decreased and more drivers said they arranged for safe rides home. Meanwhile, researchers did not find any negative economic effects of the lower BAC limit in Utah.

 

Ignition Interlocks

Many drunk drivers are repeat offenders. To prevent those convicted of drunk driving from making the same bad decision again, ignition interlocks are often employed. These devices analyze a driver's breath and disable the engine if alcohol is detected. Judges can mandate that all or a portion of convicted drunk drivers install interlocks in their cars for a specified period of time. Nearly 12,000 roadway deaths could be prevented each year if alcohol detection systems, such as IIDs, were installed on all vehicles, according to a 2021 Insurance Institute for Highway Safety study.

Currently, all states have some type of ignition interlock program, with 33 states and the District of Columbia having a compliance-based removal law. Under these laws, drivers with an interlock installed in their vehicle must have a certain number of violation-free days before the device can be removed. A 2023 study conducted for GHSA found that compliance-based removal laws can help reduce repeat drunk driving offenses. Researchers found that, between January 1, 2016, and December 31, 2019, alcohol-impaired driving recidivism rates in two states with these laws (Tennessee, 1.7%; Washington, 3.7%) were notably lower than two states without them (Arkansas, 5.6%; Iowa, 6%).

State Laws Overview

  • All states but Utah define driving with a blood alcohol concentration (BAC) at or above 0.08% as a crime, and specific laws and penalties vary substantially from state to state. Effective December 30, 2018, Utah’s BAC is set at 0.05%.
  • 44 states, D.C. and Guam have increased penalties for drivers convicted at higher BACs (specific levels and penalties vary by state).
  • 48 states, D.C., the Northern Mariana Islands and the Virgin Islands have administrative license suspension (ALS) on the first offense. ALS allows law enforcement to confiscate a driver's license for a period of time if he fails a chemical test. Most of these states allow limited driving privileges (such as to/from work).
  • All states have some type of ignition interlock program, in which judges require all or some convicted drunk drivers to install interlocks in their cars to disable the engine if alcohol is detected on their breath. 27 states* have made ignition interlocks mandatory or highly incentivized for all convicted drunk drivers, even first-time offenders. 11 states require them for repeat offenders; and 12 states for both high BAC and repeat offenders. The remaining 2 states make interlocks discretionary.
    *We defer to our State Highway Safety Office members' interpretation of the law. Some groups may have a higher count.
  • Federal law mandates that states adopt open container and repeat offender laws meeting specific requirements. Otherwise, a portion of the state's surface transportation funding is transferred to the state DOT or State Highway Safety Office. 39 states, D.C. and 3 territories have open container laws which meet federal requirements. 33 states, D.C. and 3 territories have repeat offender laws which meet federal requirements.

NOTE: California's Ignition Interlock Device Pilot Program for repeat and first-time injury-involved offenders is now statewide.

NOTE: GHSA does not compile any additional data on drunk driving laws other than what is presented here. For more information, consult the appropriate State Highway Safety Office (SHSO).

Sources: Ensuring Solutions to Alcohol ProblemsInsurance Institute for Highway SafetyMothers Against Drunk DrivingNational Conference of State Legislatures and SHSOs.

Last updated in May 2024. Laws last reviewed by SHSOs in March 2024.

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

District of Columbia

Florida

NHTSA Acting Administrator Ann Carlson speaks at a Drive Sober or Get Pulled Over press conference at the GHSA 2023 Annual Meeting on August 15.

NHTSA Acting Administrator Ann Carlson speaks at a Drive Sober or Get Pulled Over press conference at the GHSA 2023 Annual Meeting on August 15.

Facts

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