Traffic Counts Fell During the Coronavirus Pandemic, but Road Fatalities Still Increased
Traffic fatalities increased nationally and in the Washington region last year despite a significant drop in travel because of the coronavirus pandemic.
Alcohol Impaired Driving
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. 31 states* (and four California counties) have made ignition interlocks mandatory or highly incentivized for all convicted drunk drivers, even first-time offenders. 7 states require them for repeat offenders; and 8 states for both high BAC and repeat offenders. The remaining 4 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. 38 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.
A PDF chart of state drunk driving laws is available for download here.
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.
Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), Mothers Against Drunk Driving (MADD), National Conference of State Legislatures (NCSL) and State Highway Safety Offices.
Short Term Description
All states but Utah define driving with a BAC at or above 0.08% as a crime, and specific laws and penalties vary substantially from state to state. Beginning in 2019, Utah’s BAC is set at 0.05%.
Wyoming
Administrative license suspension on first offense
90 days
Wyoming
Limited driving privileges during suspension
yes
Wyoming
Ignition Interlocks
Mandatory for high BAC (.15 or higher) and repeat convictions
Wyoming
Open container laws
No
Wyoming
Repeat Offender Laws
No
Wyoming
Increased penalty for high BAC
0.15
Wisconsin
Increased penalty for high BAC
.17, .20 and .25
Wisconsin
Administrative license suspension on first offense
6-9 months
Wisconsin
Limited driving privileges during suspension
Yes
Wisconsin
Ignition Interlocks
Mandatory for high BAC (.15 or higher) and repeat convictions
Wisconsin
Open container laws
Yes
Wisconsin
Repeat Offender Laws
yes
West Virginia
Increased penalty for high BAC
0.15
West Virginia
Administrative license suspension on first offense
6 months
West Virginia
Limited driving privileges during suspension
After 30 days
West Virginia
Ignition Interlocks
Mandatory for high BAC (.15 or higher) and repeat convictions
West Virginia
Open container laws
Yes
West Virginia
Repeat Offender Laws
Yes
Washington
Ignition Interlocks
Mandatory for all convictions
Washington
Open container laws
yes
Washington
Repeat Offender Laws
No
Washington
Increased penalty for high BAC
0.15
Washington
Administrative license suspension on first offense
90 days
Washington
Limited driving privileges during suspension
With an ignition interlock driver's license
Virginia
Increased penalty for high BAC
.15 and .20
Virginia
Administrative license suspension on first offense
7 days
Virginia
Limited driving privileges during suspension
Virginia
Ignition Interlocks
Mandatory for repeat convictions; highly incentivized for first convictions
Virginia
Open container laws
No
Virginia
Repeat Offender Laws
yes
Virgin Islands
Increased penalty for high BAC
Virgin Islands
Administrative license suspension on first offense
Variable
Virgin Islands
Limited driving privileges during suspension
yes
Virgin Islands
Ignition Interlocks
Virgin Islands
Open container laws
yes
Virgin Islands
Repeat Offender Laws
yes
Vermont
Repeat Offender Laws
No
Vermont
Increased penalty for high BAC
Vermont
Administrative license suspension on first offense
90 days
Vermont
Limited driving privileges during suspension
Vermont
Ignition Interlocks
Highly incentivized for all convictions
Vermont
Open container laws
yes
Utah
Increased penalty for high BAC
0.16
Utah
Administrative license suspension on first offense
120 days
Utah
Limited driving privileges during suspension
Utah
Ignition Interlocks
Mandatory for repeat convictions; highly incentivized for first convictions
Utah
Open container laws
yes
Utah
Repeat Offender Laws
yes
Texas
Administrative license suspension on first offense
90 days if .08 or greater; 180 days for refusal
Texas
Limited driving privileges during suspension
Yes
Texas
Ignition Interlocks
Mandatory for repeat convictions
Texas
Open container laws
Yes
Texas
Repeat Offender Laws
yes
Texas
Increased penalty for high BAC
0.15
Tennessee
Increased penalty for high BAC
0.2
Tennessee
Administrative license suspension on first offense
1 year
Tennessee
Limited driving privileges during suspension
yes
Tennessee
Ignition Interlocks
Mandatory for repeat convictions; highly incentivized for first convictions
Tennessee
Open container laws
No
Tennessee
Repeat Offender Laws
Yes
South Dakota
Increased penalty for high BAC
0.17
South Dakota
Administrative license suspension on first offense
30 days
South Dakota
Limited driving privileges during suspension
Yes
South Dakota
Ignition Interlocks
Discretionary
South Dakota
Open container laws
Yes
South Dakota
Repeat Offender Laws
No
South Carolina
Ignition Interlocks
Mandatory for both high BAC (.15 or higher) and repeat convictions
South Carolina
Open container laws
Yes
South Carolina
Repeat Offender Laws
No
South Carolina
Increased penalty for high BAC
.10 and .16
South Carolina
Administrative license suspension on first offense
1 month (for BAC .15 or higher)
South Carolina
Limited driving privileges during suspension
Yes
Rhode Island
Increased penalty for high BAC
.10 and .15
Rhode Island
Administrative license suspension on first offense
30-180 days
Rhode Island
Limited driving privileges during suspension
Rhode Island
Ignition Interlocks
Mandatory for all convictions
Rhode Island
Open container laws
Yes
Rhode Island
Repeat Offender Laws
No
Pennsylvania
Increased penalty for high BAC
.10 and .16
Pennsylvania
Administrative license suspension on first offense
Pennsylvania
Limited driving privileges during suspension
Pennsylvania uses programs called Occupational Limited License (OLL) and Ignition Interlock Limited License (IILL)
Pennsylvania
Ignition Interlocks
Mandatory for high BAC (.10 or higher) and repeat convictions
Pennsylvania
Open container laws
Yes
Pennsylvania
Repeat Offender Laws
Yes
Oregon
Repeat Offender Laws
No
Oregon
Increased penalty for high BAC
0.15
Oregon
Administrative license suspension on first offense
90 days
Oregon
Limited driving privileges during suspension
After 30 days
Oregon
Ignition Interlocks
Mandatory for all convictions and diversions
Oregon
Open container laws
Yes
Oklahoma
Increased penalty for high BAC
0.15
Oklahoma
Administrative license suspension on first offense
180 days
Oklahoma
Limited driving privileges during suspension
Yes
Oklahoma
Ignition Interlocks
Mandatory for high BAC (0.15 and above) and repeat convictions; highly incentivized for first convictions
Oklahoma
Open container laws
Yes
Oklahoma
Repeat Offender Laws
Yes
Ohio
Administrative license suspension on first offense
90 days
Ohio
Limited driving privileges during suspension
After 15 days
Ohio
Ignition Interlocks
Mandatory for repeat convictions
Ohio
Open container laws
No
Ohio
Repeat Offender Laws
No
Ohio
Increased penalty for high BAC
0.17
Northern Mariana Islands
Increased penalty for high BAC
Northern Mariana Islands
Administrative license suspension on first offense
30 days -
Northern Mariana Islands
Limited driving privileges during suspension
Northern Mariana Islands
Ignition Interlocks
Northern Mariana Islands
Open container laws
Yes
Northern Mariana Islands
Repeat Offender Laws
Yes
North Dakota
Increased penalty for high BAC
0.18
North Dakota
Administrative license suspension on first offense
91 days
North Dakota
Limited driving privileges during suspension
After 30 days
North Dakota
Ignition Interlocks
Discretionary
North Dakota
Open container laws
Yes
North Dakota
Repeat Offender Laws
Yes
North Carolina
Ignition Interlocks
Mandatory for high BAC (.15 or higher) and repeat convictions
North Carolina
Open container laws
Yes
North Carolina
Repeat Offender Laws
Yes
North Carolina
Increased penalty for high BAC
0.15
North Carolina
Administrative license suspension on first offense
30 days
North Carolina
Limited driving privileges during suspension
After 10 days
New York
Increased penalty for high BAC
0.18
New York
Administrative license suspension on first offense
Yes
New York
Limited driving privileges during suspension
Yes
New York
Ignition Interlocks
Mandatory for all convictions
New York
Open container laws
Yes
New York
Repeat Offender Laws
Yes
New Mexico
Increased penalty for high BAC
.16 (with mandatory jail on all offenses)
New Mexico
Administrative license suspension on first offense
Under 21: 1 year; 21 and over: 6 months
New Mexico
Limited driving privileges during suspension
Immediately with ignition interlock
New Mexico
Ignition Interlocks
Mandatory for all convictions
New Mexico
Open container laws
Yes
New Mexico
Repeat Offender Laws
No
New Jersey
Repeat Offender Laws
Yes
New Jersey
Increased penalty for high BAC
0.1
New Jersey
Administrative license suspension on first offense
3 months
New Jersey
Limited driving privileges during suspension
New Jersey
Ignition Interlocks
Mandatory for all convictions
New Jersey
Open container laws
Yes
New Hampshire
Increased penalty for high BAC
0.16
New Hampshire
Administrative license suspension on first offense
6 months
New Hampshire
Limited driving privileges during suspension
New Hampshire
Ignition Interlocks
Mandatory for all convictions
New Hampshire
Open container laws
Yes
New Hampshire
Repeat Offender Laws
Yes
Nevada
Administrative license suspension on first offense
90 days
Nevada
Limited driving privileges during suspension
After 45 days
Nevada
Ignition Interlocks
Mandatory for all convictions
Nevada
Open container laws
Yes
Nevada
Repeat Offender Laws
Yes
Nevada
Increased penalty for high BAC
0.18
Nebraska
Increased penalty for high BAC
0.15
Nebraska
Administrative license suspension on first offense
90 days
Nebraska
Limited driving privileges during suspension
After 30 days
Nebraska
Ignition Interlocks
Mandatory for all convictions
Nebraska
Open container laws
Yes
Nebraska
Repeat Offender Laws
Yes
Montana
Increased penalty for high BAC
0.16
Montana
Administrative license suspension on first offense
6 months
Montana
Limited driving privileges during suspension
Yes
Montana
Ignition Interlocks
Mandatory for repeat convictions
Montana
Open container laws
Yes
Montana
Repeat Offender Laws
No
Missouri
Ignition Interlocks
Mandatory for repeat convictions
Missouri
Open container laws
No
Missouri
Repeat Offender Laws
Yes
Missouri
Increased penalty for high BAC
0.15
Missouri
Administrative license suspension on first offense
90 days
Missouri
Limited driving privileges during suspension
After 0 days with interlock use (restricted); After 30 days (restricted)
Mississippi
Increased penalty for high BAC
Mississippi
Administrative license suspension on first offense
90 days
Mississippi
Limited driving privileges during suspension
Mississippi
Ignition Interlocks
Mandatory for all convictions
Mississippi
Open container laws
No
Mississippi
Repeat Offender Laws
Yes
Minnesota
Increased penalty for high BAC
0.16
Minnesota
Administrative license suspension on first offense
90 days
Minnesota
Limited driving privileges during suspension
After 15 days
Minnesota
Ignition Interlocks
Highly incentivized for high BAC (0.16) and repeat convictions
Minnesota
Open container laws
Yes
Minnesota
Repeat Offender Laws
No
Michigan
Repeat Offender Laws
Yes
Michigan
Increased penalty for high BAC
0.17
Michigan
Administrative license suspension on first offense
30-180 days
Michigan
Limited driving privileges during suspension
After 45 days
Michigan
Ignition Interlocks
Mandatory for high BAC (0.17) and repeat convictions
Michigan
Open container laws
Yes
Massachusetts
Increased penalty for high BAC
0.2
Massachusetts
Administrative license suspension on first offense
90 days
Massachusetts
Limited driving privileges during suspension
Yes
Massachusetts
Ignition Interlocks
Mandatory for repeat convictions
Massachusetts
Open container laws
Yes
Massachusetts
Repeat Offender Laws
Yes
Maryland
Administrative license suspension on first offense
90 days
Maryland
Limited driving privileges during suspension
Yes, with interlock
Maryland
Ignition Interlocks
Mandatory for all convictions
Maryland
Open container laws
Yes
Maryland
Repeat Offender Laws
Yes
Maryland
Increased penalty for high BAC
0.15
Maine
Increased penalty for high BAC
0.15
Maine
Administrative license suspension on first offense
90 days
Maine
Limited driving privileges during suspension
Yes
Maine
Ignition Interlocks
Highly incentivized for all convictions
Maine
Open container laws
No
Maine
Repeat Offender Laws
Yes
Louisiana
Increased penalty for high BAC
.15 and .20
Louisiana
Administrative license suspension on first offense
Louisiana
Limited driving privileges during suspension
Louisiana
Ignition Interlocks
Mandatory for high BAC (0.20 and above) and repeat convictions; highly incentivized for convictions
Louisiana
Open container laws
No
Louisiana
Repeat Offender Laws
No
Kentucky
Ignition Interlocks
Mandatory for all convictions
Kentucky
Open container laws
Yes
Kentucky
Repeat Offender Laws
Yes
Kentucky
Increased penalty for high BAC
0.15
Kentucky
Administrative license suspension on first offense
30-120 days
Kentucky
Limited driving privileges during suspension
Yes
Kansas
Increased penalty for high BAC
0.15
Kansas
Administrative license suspension on first offense
30 days
Kansas
Limited driving privileges during suspension
Kansas
Ignition Interlocks
Highly incentivized for all convictions
Kansas
Open container laws
Yes
Kansas
Repeat Offender Laws
Yes
Iowa
Increased penalty for high BAC
0.15
Iowa
Administrative license suspension on first offense
180 days
Iowa
Limited driving privileges during suspension
After 30 days
Iowa
Ignition Interlocks
Highly incentivized for all convictions
Iowa
Open container laws
Yes
Iowa
Repeat Offender Laws
Yes
Indiana
Repeat Offender Laws
No
Indiana
Increased penalty for high BAC
0.15
Indiana
Administrative license suspension on first offense
180 days
Indiana
Limited driving privileges during suspension
Available immediately
Indiana
Ignition Interlocks
Mandatory for repeat convictions
Indiana
Open container laws
Yes
Illinois
Increased penalty for high BAC
0.16
Illinois
Administrative license suspension on first offense
6 months
Illinois
Limited driving privileges during suspension
After 30 days
Illinois
Ignition Interlocks
Mandatory for all convictions; highly incentivized for first convictions
Illinois
Open container laws
Yes
Illinois
Repeat Offender Laws
Yes
Idaho
Administrative license suspension on first offense
90 days
Idaho
Limited driving privileges during suspension
After 30 days
Idaho
Ignition Interlocks
Mandatory for all convictions
Idaho
Open container laws
Yes
Idaho
Repeat Offender Laws
Yes
Idaho
Increased penalty for high BAC
0.2
Hawaii
Increased penalty for high BAC
Hawaii
Administrative license suspension on first offense
3 months
Hawaii
Limited driving privileges during suspension
After 30 days
Hawaii
Ignition Interlocks
Mandatory for all convictions
Hawaii
Open container laws
No
Hawaii
Repeat Offender Laws
No
Guam
Increased penalty for high BAC
From .08 to .10
Guam
Administrative license suspension on first offense
Guam
Limited driving privileges during suspension
Guam
Ignition Interlocks
Discretionary
Guam
Open container laws
Yes
Guam
Repeat Offender Laws
Yes
Georgia
Ignition Interlocks
Mandatory for repeat convictions
Georgia
Open container laws
Yes
Georgia
Repeat Offender Laws
Yes
Georgia
Increased penalty for high BAC
0.15
Georgia
Administrative license suspension on first offense
1 year
Georgia
Limited driving privileges during suspension
Yes
Florida
Increased penalty for high BAC
0.2
Florida
Administrative license suspension on first offense
6 months for DUI; 12 months for refusal
Florida
Limited driving privileges during suspension
DUI: After 30 days; Refusal: After 90 days
Florida
Ignition Interlocks
Florida
Open container laws
Yes
Florida
Repeat Offender Laws
Yes
District of Columbia
Increased penalty for high BAC
.20, .25 and .30
District of Columbia
Administrative license suspension on first offense
2-90 days or until deposition
District of Columbia
Limited driving privileges during suspension
Yes
District of Columbia
Ignition Interlocks
Mandatory for all convictions
District of Columbia
Open container laws
Yes
District of Columbia
Repeat Offender Laws
Yes
Delaware
Repeat Offender Laws
Yes
Delaware
Increased penalty for high BAC
0.15
Delaware
Administrative license suspension on first offense
3 months
Delaware
Limited driving privileges during suspension
No
Delaware
Ignition Interlocks
Highly incentivized for all convictions
Delaware
Open container laws
No
Connecticut
Increased penalty for high BAC
Connecticut
Administrative license suspension on first offense
90 days
Connecticut
Limited driving privileges during suspension
Yes
Connecticut
Ignition Interlocks
Highly incentivized for all convictions
Connecticut
Open container laws
No
Connecticut
Repeat Offender Laws
Yes
Colorado
Administrative license suspension on first offense
3 months
Colorado
Limited driving privileges during suspension
Yes
Colorado
Ignition Interlocks
Mandatory for high BAC (0.15 and above) and repeat convictions, highly incentivized for first convictions
Colorado
Open container laws
Yes
Colorado
Repeat Offender Laws
No
Colorado
Increased penalty for high BAC
0.15
California
Increased penalty for high BAC
0.15
California
Administrative license suspension on first offense
4 months
California
Limited driving privileges during suspension
After 30 days
California
Ignition Interlocks
Discretionary. Mandatory for all convictions in Alameda, Los Angeles, Tulare, and Sacramento counties (pilot project – extended)
California
Open container laws
Yes
California
Repeat Offender Laws
No
Arkansas
Increased penalty for high BAC
Arkansas
Administrative license suspension on first offense
6 months
Arkansas
Limited driving privileges during suspension
Yes
Arkansas
Ignition Interlocks
Mandatory for all convictions
Arkansas
Open container laws
Yes
Arkansas
Repeat Offender Laws
Yes
Arizona
Ignition Interlocks
Mandatory for all convictions
Arizona
Open container laws
Yes
Arizona
Repeat Offender Laws
Yes
Arizona
Increased penalty for high BAC
0.15
Arizona
Administrative license suspension on first offense
90 days
Arizona
Limited driving privileges during suspension
After 30 days
Alaska
Increased penalty for high BAC
Alaska
Administrative license suspension on first offense
90 days
Alaska
Limited driving privileges during suspension
After 30 days
Alaska
Ignition Interlocks
Mandatory for all convictions
Alaska
Open container laws
No
Alaska
Repeat Offender Laws
No
Alabama
Increased penalty for high BAC
0.15
Alabama
Administrative license suspension on first offense
90 days
Alabama
Limited driving privileges during suspension
Alabama
Ignition Interlocks
Mandatory for high BAC (0.15 and above) and repeat convictions; highly incentivized for first convictions
Alabama
Open container laws
Yes
Alabama
Repeat Offender Laws
Yes
‘Get a Lyft on Us’ Initiative Promotes Safe Driving in New Mexico Ahead of Super Bowl
The New Mexico Department of Transportation and the Governor’s Highway Safety Association has partnered with Lyft in order to offer safe rides in New Mexico now through Super Bowl weekend on February 8, 2021, in an effort to combat drunk driving. Those who participate in the offer will receive a $20 Lyft credit that can be used up to two times per Lyft account.
Why Virginia Is Helping Develop Innovative Alcohol Detection Technology
The new year presents an opportunity to amend old habits and introduce new ones. I invite Virginians across the commonwealth to join us in our efforts to keep everyone on our roads safe from the effects of impaired driving. Social distancing has not reduced the frequency of drunken driving — which puts all road users in danger.
'Get a Lyft on Us' Initiative Promotes Safe Driving in New Mexico Ahead of Super Bowl
In an effort to combat drunk driving, the New Mexico Department of Transportation has partnered with GHSA and Lyft in order to offer safe rides in New Mexico now through Super Bowl weekend on February 8.
'Get a Lyft on Us' Initiative Promotes Safe Driving in New Mexico Ahead of Super Bowl
Story by KRQE Staff
January 21, 2021
Risky Driving, Fatal Crashes Surged During Lockdown
With fewer Americans on the road, you could forgive us for assuming traffic fatalities would have been rare in 2020. But, as the COVID-19 crisis kept many of us off the roads, those still on them took new risks.
Risky Driving, Fatal Crashes Surged During Lockdown
Story by Sean Tucker
January 19, 2021
GHSA Finds Uptick In Traffic Fatality Rate ‘Troubling’
The Governors Highway Safety Association noted that an uptick in traffic fatalities during the third quarter of 2020, despite a decline in vehicle miles traveled or VMT, is a “troubling trend” as traffic volumes return to normal.
GHSA Finds Uptick In Traffic Fatality Rate ‘Troubling’
Story by AASHTO Journal
January 15, 2021
National Traffic Deaths Spike Dramatically Despite Less Miles Driven During Pandemic
Shortly after the pandemic started last March, traffic safety officials sounded a warning when they saw an increase in the rate of traffic deaths per 100 million miles driven despite less traffic on the roads.
National Traffic Deaths Spike Dramatically Despite Less Miles Driven During Pandemic
Story by Ed Blazina
January 14, 2021
Risky Driving: US Traffic Deaths up Despite Virus Lockdowns
The number of people killed on the nation’s highways rose 4.6% in the first nine months of 2020 despite coronavirus lockdowns that curtailed driving early in the year.
Risky Driving: US Traffic Deaths up Despite Virus Lockdowns
Story by the Associated Press
January 14, 2021
States Announce Drunk and Drugged Driving Holiday Safety Campaigns During One of the Deadliest Times on the Road
Despite fewer drivers on the road this year due to the COVID-19 pandemic, states have tracked a disturbing uptick in many risky driving behaviors.
States Announce Drunk and Drugged Driving Holiday Safety Campaigns During One of the Deadliest Times on the Road
GHSA News Release
December 15, 2020
States Announce Drunk and Drugged Driving Holiday Safety Campaigns During One of the Deadliest Times on the Road
FOR IMMEDIATE RELEASE
December 15, 2020
CONTACT: Adrian Nicholas, 202-580-7934
AFTER-HOURS CONTACT: Pam Shadel Fischer, 908-619-2786
Despite Less Traffic and Renewed Calls to Stay Home, Impaired Driving Remains Prevalent