All states but Utah define driving with a blood alcohol concentration (BAC) at or above 0.08 percent 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 percent.
48 states, D.C. and Guam have increased penalties for drivers convicted at higher BACs (the specific levels and penalties vary by state).
44 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* (and 4 California counties) have made ignition interlocks mandatory or highly incentivized for all convicted drunk drivers, even first-time offenders. An additional 3 states mandate interlocks for high BACs, 8 states require them for repeat offenders; and 8 states for both high BAC and repeat offenders. The remaining 4 states and D.C. 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. 33 states and 3 territories have open container laws which meet federal requirements. 28 states, D.C. and 3 territories have repeat offender laws which meet federal requirements.
Alcohol exclusion laws allow insurance companies to deny payment for treatment of drunk drivers' injuries, but they have limited doctors' abilities to diagnose alcohol problems and recommend treatment. Currently, 37 states have such laws. Some states have repealed such laws.
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.
On Super Bowl Sunday, Jim Reaper, a character created by the South Dakota Office of Highway Safety, bar hopped around Sioux Falls to spread the word against impaired driving. Office of Highway Safety Director, and GHSA Treasurer, Lee Axdahl elaborates.
Colorado DOT has launched its "The Heat is On" campaign, a winter enforcement period cracking down on drunk and drug-impaired driving. CDOT Office of Transportation Safety Director Derrell Lingk discusses the importance of the enforcement period.
GHSA and Lyft partner to encourage the use of ride hailing services as a safe alternative to traveling impaired, helping states get drunk and drug-impaired drivers off the road and ensure everyone gets to their destination safely.
Having received one of GHSA and Lyft's grants to help deter impaired road use, the Louisiana Highway Safety Commission (LHSC) is offering discounted rides to travelers this holiday season. LHSC's Mark Lambert discusses the program.
This holiday season, the Washington Traffic Safety Commission (WTSC) is reminding drivers not to drive alcohol- or drug-impaired. Through a grant from GHSA and Lyft, WTSC is providing ride credits to patrons of a Seattle marijuana dispensary.