Drunk Driving

Drunk Driving

JULY 2014

UP FRONT

  • In 2012, 10,322 people died in the U.S. in alcohol-impaired crashes, up 4.6 percent from 9,865 in 2011, according to the National Highway Traffic Safety Administration.

  • The 10,322 alcohol-impaired fatalities in 2012 accounted for about one out of three highway deaths on U.S. roads.

  • There was an alcohol-impaired traffic fatality every 51 minutes in 2012.

 

THE TOPIC

Alcohol is a major factor in traffic accidents. Based on data from the U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA), there was an alcohol-impaired traffic fatality every 51 minutes in 2012.

Alcohol-impaired crashes are those that involve at least one driver or a motorcycle operator with a blood alcohol concentration (BAC) of 0.08 percent or above, the legal definition of drunk driving. According to NHTSA, 10,322 people died in alcohol-impaired crashes in 2012, up 4.6 percent from 9,865 in 2011. In 2012 alcohol-impaired crash fatalities accounted for 31 percent of all crash fatalities, up from 30 percent in 2011.

The Federal Bureau of Investigation estimates 1,282,957 drivers were arrested for driving under the influence of alcohol or narcotics in 2012. The arrest rate works out to one arrest for every 165 licensed drivers in the United States.

The definition of drunk driving is consistent throughout the United States. Every state and the District of Columbia define impairment as driving with a BAC (blood alcohol concentration) at or above 0.08 percent. In addition, they all have zero tolerance laws prohibiting drivers under the age of 21 from drinking and driving. Generally the BAC in these cases is 0.02 percent.

Antidrunk driving campaigns especially target drivers under the age of 21, repeat offenders and 21-to 34-year-olds, the age group that is responsible for more alcohol-related fatal crashes than any other. Young drivers are those least responsive to arguments against drunk driving, according to the National Highway Traffic Safety Administration.

To make sellers and servers of liquor more careful about to whom and how they serve drinks, 43 states and the District of Columbia have enacted laws or have case law holding commercial liquor servers legally liable for the damage and injuries or death a drunk driver causes. Thirty-seven states have enacted laws or have case law that permit social hosts who serve liquor to people who subsequently are involved in crashes to be held liable for any injury or death. (See chart below and Background.).

RECENT DEVELOPMENTS 

  • Data from the National Highway Traffic Safety Administration (NHTSA) indicates that the 10,322 alcohol-impaired fatalities in 2012 accounted for about one out of three highway deaths on U.S. roads.
  • As part of its program to address drunk driving, NHTSA worked with the National Center for DWI Courts to help develop new alcohol ignition interlock guidelines, which were released in July 2013. Ignition interlock systems require drivers to blow into a breathalyzer-like device to ensure the individual is sober before allowing the vehicle to start. The new guidelines will help familiarize courts that adjudicate "driving while intoxicated” cases about ignition interlock systems. (See Background: Repeat Offenders).
  • In July 2012 President Obama signed the Moving Ahead for Progress in the 21st Century Act, or MAP 21, a bill to reauthorize federal highway funds and highway safety construction programs. Among other improvements for highway safety, the bill launched a new incentive grant program to reward states that adopt ignition interlock programs for all offenders, including first offenders. The Insurance Institute for Highway Safety (IIHS) said that people convicted of drunk driving for the first time are less likely to reoffend if they are compelled to install ignition interlocks. The IIHS cited a study conducted in Washington State that found that after the state included first offenders in its interlock law, the recidivism rate for these offenders fell by 12 percent. Researchers said that only about one-third of offenders went through with the interlock installation. If all of them had, the recidivism rate for first offenders would have fallen by nearly half.
  • In December 2012 the National Transportation Safety Board (NTSB) recommended that all first-offender alcohol-impaired drivers be required to have ignition interlocks installed on their personal vehicles. The NTSB issued the recommendation after finding in its study on wrong-way driving crashes that alcohol-impaired drivers are the leading cause of these collisions.
  • Drunk Driving by Gender: A NHTSA study showed an increasing trend among women driving under the influence of alcohol (DUI). NHTSA found that from 2007 to 2008 the number of impaired women drivers involved in fatal crashes increased in 10 states and remained flat in five states, despite an overall decline of 9 percent in all drunk driver crashes during the same period. The study confirms FBI statistics showing that arrests for women driving under the influence increased by nearly 30 percent over the 10-year period from 1998 to 2007. Over that same decade, DUI arrests for men decreased by 7.5 percent, although the total number of men arrested during the period outstripped women by about four to one.
  • Latest NHTSA data show the increase in the proportion of alcohol-impaired driving by women. In 2003, 12 percent of female drivers involved in fatal crashes (1,785 drivers) had blood-alcohol concentrations (BAC) of 0.08 percent or above, the legal definition of drunk driving. By 2012, 14 percent of female drivers involved in fatal crashes (1,588 drivers) were alcohol impaired. In comparison, 24 percent of male drivers involved in fatal crashed were alcohol impaired in both 2003 and 2012.
  • Drunk Driving by Age: According to data from NHTSA, in 2012 the percentage of drivers in fatal crashes who were alcohol impaired was highest for 21 to 24 year old drivers, at 32 percent, followed by 25 to 34 year old drivers, at 29 percent and 35 to 44 year old drivers, at 25 percent. The percentage of alcohol-impaired drivers in fatal crashes was 21 percent for 45 to 54 year olds, 18 percent of 16 to 20 year olds, 14 percent for 55 to 64 year olds, 9 percent for 65 to 74 year olds and 5 percent for drivers over the age of 74.
  • Drunk Driving by Vehicle Type: NHTSA data for 2012 show that 27 percent of motorcycle drivers involved in fatal crashes were alcohol impaired, compared with 23 percent of passenger car drivers and 22 percent of light truck drivers. Only 2 percent of large truck drivers involved in fatal crashes in 2012 were alcohol impaired.
  • Social Host Liability: The Massachusetts Supreme Court ruled in February 2012 that social hosts could be held liable for off-premise injury to people caused by the drunk driving of a guest only if the host served alcohol or made it available. People who host “bring your own” parties are free from liability, even if the guest is underage. The court rejected an attempt by the parents of an injured 16-year-old to sue a party’s 18-year old host. The younger person suffered injuries in a crash in a car driven by someone who brought his own alcohol to the party. At issue was the fact that the driver, not the party host, supplied the liquor. Although the lawsuit contended that the host should be found negligent for allowing the driver to drink at her home, the court said that earlier rulings showed that hosts can’t be responsible for their guests’ drinking if they don’t control the supply of alcohol. Massachusetts law and court cases have held social hosts liable if they supply alcohol (See chart: STATUTES OR COURT CASES HOLDING ALCOHOLIC BEVERAGE SERVERS LIABLE).
  • Also in February 2012 the New Mexico Supreme Court said that circumstantial evidence of a driver’s intoxication was sufficient to support a jury finding that the driver was intoxicated, overruling a decision in a 2004 case. Evidence presented in the earlier trial showed that a driver who struck and killed a motorcyclist had a 0.09 percent blood alcohol content five hours after the crash. The owners of the gas station where the driver worked and consumed a number of beers bought at the gas station pleaded ignorance of the driver’s condition. The court ruled that the blood test results were enough to prove that the driver was intoxicated. The ruling holds liquor sellers responsible for liability where evidence is available under the existing dram shop law.

 

TOTAL TRAFFIC AND ALCOHOL-IMPAIRED CRASH FATALITIES, 1985-2012

    Alcohol-impaired crash fatalities (1)
Year Total traffic fatalities Number As a percent of all crash deaths
1985 43,825 18,125 41%
1990 44,599 17,705 40
1995 41,817 13,478 32
2000 41,945 13,324 32
2001 42,196 13,290 31
2002 43,005 13,472 31
2003 42,884 13,096 31
2004 42,836 13,099 31
2005 43,510 13,582 31
2006 42,708 13,491 32
2007 41,259 13,041 32
2008 37,423 11,711 31
2009 33,883 10,759 32
2010 32,999 10,136 31
2011 32,479 9,865 30
2012 33,561 10,322 31

(1) Alcohol-impaired driving crashes are crashes that involve at least one driver or a motorcycle operator with a blood alcohol concentration (BAC) of 0.08 or above, the legal definition of drunk driving.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration.

View Archived Tables

 

 

PERCENT OF ALCOHOL-IMPAIRED DRIVERS INVOLVED IN FATAL CRASHES BY AGE, 2003 AND 2012 (1)

Age   2003 2012 Point change  
16 to 20   19 18 -1 pt.
21 to 24   32 32 0
25 to 34   27 29 2
35 to 44   24 25 1
45 to 54   19 21 2
55 to 64   11 14 3
65 to 74   8 9 1
Over 74   5 5 0

(1) Alcohol-impaired driving crashes are crashes that involve at least one driver or a motorcycle operator with a blood alcohol concentration (BAC) of 0.08 percent or above, the legal definition of drunk driving.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration.

View Archived Tables

  • In 2012 the percentage of drivers involved in fatal crashes who were alcohol-impaired was highest in the 21 to 24 and the 25 to 34 age groups, the same as in 2003.

 

PERSONS KILLED IN TOTAL AND ALCOHOL-IMPAIRED CRASHES BY PERSON TYPE, 2012

 

    Alcohol-impaired driving fatalities (1)
Person type Total killed Number Percent of
total killed
Vehicle occupants      
     Driver 16,769 5,993 36%
     Passenger 6,061 1,917 32
     Unknown occupant 82 6 7
     Total 22,912 7,916 35%
Motorcyclists 4,957 1,596 32%
Nonoccupants      
     Pedestrian 4,743 688 14
     Pedalcyclist 726 89 12
     Other/unknown 223 33 15
     Total 5,692 810 14%
Total 33,561 10,322 31%

(1) Alcohol-impaired driving crashes are crashes that involve at least one driver or a motorcycle operator with a blood alcohol concentration (BAC) of 0.08 percent or above, the legal definition of drunk driving.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration.

View Archived Tables

 

 

STATE LAWS CURBING DRUNK DRIVING

(As of August 2014)

        Mandatory ignition interlocks (1)  
  License revocation      First offenders  
State Admin.
Iicense rev./
susp. (2)
Mandatory
90-day
license
rev./
susp. (3)
Open
container
law (4)
All
offenders
All High-BAC
offenders
only (5)
Repeat
offenders
Alabama X X X X X   X
Alaska X X X X X   X
Arizona X X X X X   X
Arkansas X X   X X   X
California X X X in 4 counties in 4 counties   X
Colorado X X X X X   X
Connecticut X X   X X   X
Delaware X X     X** X X
D.C. X   X        
Florida X X X     X X
Georgia X X X       X
Hawaii X X X X X   X
Idaho X X X       X
Illinois X X X X X   X
Indiana X X X       X***
Iowa X X X        
Kansas X   X X X   X
Kentucky     X       X
Louisiana X X X X X   X
Maine X X X X X   X
Maryland X   X     X X
Massachusetts X X X       X
Michigan     X     X X
Minnesota X X X X X   X
Mississippi X X   X* X*   X
Missouri X     X  X   X
Montana     X       X
Nebraska X X X X X   X
Nevada X X X     X X (6)
New Hampshire X X X   X**** X X
New Jersey     X     X X
New Mexico X X X X X   X
New York (7)   X X X   X
North Carolina X   X     X X
North Dakota X X X        
Ohio X X X        
Oklahoma X X X     X X
Oregon X X X X X   X
Pennsylvania     X       X
Rhode Island     X     X*** X***
South Carolina     X     X* X
South Dakota     X        
Tennessee     X   X   X
Texas X X X     X X
Utah X X X X X   X
Vermont X X X X X   X
Virginia X   X X X   X
Washington X X X X X   X
West Virginia X X X X X   X
Wisconsin X X X     X X
Wyoming X X X     X X

(1) Ignition interlock devices analyze a driver's breath for alcohol and disable the ignition if a driver has been drinking. States identified mandate the devices on offenders' vehicles.
(2) On-the-spot drivers license suspension or revocation if BAC is over the legal limit or the driver refuses to take a BAC test.
(3) Mandatory penalty for violation of the implied consent law, which means that drivers who refuse to take a breath alcohol test when stopped or arrested for drunk driving will have their license revoked or suspended.
(4) Prohibits unsealed alcohol containers in motor vehicle passenger compartments for all occupants. Arresting officer not required to witness consumption.
(5) Usually 0.15 percent BAC or higher.
(6) High-BAC repeat offenders only.
(7) Administrative license suspension lasts until prosecution is complete.

*Effective 10/1/14.
**Effective 2/2/15.
***Effective 1/1/15.
****Effective 1/1/16.

BAC=Blood alcohol concentration.

Source: Insurance Institute for Highway Safety; Property Casualty Insurers Association of America.

View Archived Tables

 

To make sellers and servers of liquor more careful about to whom and how they serve drinks, 43 states and the District of Columbia have enacted laws or have case law holding commercial liquor servers legally liable for the damage and injuries or death a drunk driver causes. Thirty-seven states have enacted laws or have case law that permit social hosts who serve liquor to people who subsequently are involved in crashes to be held liable for any injury or death. (See chart below and Background.)

 

STATUTES OR COURT CASES HOLDING ALCOHOLIC BEVERAGE SERVERS LIABLE

(As of August 2014)

  Commercial servers Social hosts   Commercial servers Social hosts
State Statute (1) Court (2) Statute (3) Court State Statute (1) Court (2) Statute (3) Court
Alabama X   X X Montana X X X  
Alaska X   X   Nebraska X   X  
Arizona X X X X Nevada     X (4)  
Arkansas X X     New Hampshire X   X X
California X   X (4)   New Jersey X   X X
Colorado X X X   New Mexico X   X X
Connecticut X X   X (4, 5) New York X   X  
Delaware         North Carolina X X X X (4)
D.C.   X (4)     North Dakota X   X  
Florida X   X X Ohio X X X X (4)
Georgia X   X   Oklahoma X X    
Hawaii   X X   Oregon X   X  
Idaho X X X   Pennsylvania X X   X (4)
Illinois X   X X Rhode Island X      
Indiana X X X X South Carolina X X X X (4)
Iowa X X X X (4) South Dakota        
Kansas         Tennessee X      
Kentucky X X   X (4) Texas X X X X
Louisiana X X X X Utah X   X X
Maine X   X   Vermont X   X X
Maryland         Virginia        
Massachusetts X X X X Washington X X X X (4)
Michigan X   X X (4) West Virginia X X (4)    
Minnesota X   X X Wisconsin X X X X
Mississippi X X X X Wyoming X   X X
Missouri X                

(1) Indicates some form of liability is permitted by statute.
(2) States where common-law liability has not been specifically overruled by statute or where common-law actions are specifically recognized in addition to statutory liability.
(3) Indicates that language is capable of being read broadly enough to include noncommercial servers.
(4) For guests under the age of 21.
(5) Only if host either purveyed or supplied alcohol.

Source: Property Casualty Insurers Association of America.

 

BACKGROUND

Awareness of the problems associated with drunk driving increased dramatically in the 1990s in response to the rise of citizen activist groups, notably Mothers Against Drunk Drivers (MADD), and to advertising campaigns and publicity efforts by organizations such as the Insurance Information Institute. Existing laws were strengthened, new laws were passed and drunk driving task forces were created in several states. In addition, there was a noticeable change in attitudes toward drinking and driving.

Federal Legislation: In 1984 Congress enacted legislation that required highway construction funds to be withheld from states that did not adopt 21 as the legal drinking age for alcoholic beverages, the first time federal legislation used financial incentives to persuade states to enact drunk driving laws. The Omnibus Drug Initiative Act of 1988 (also called the Drunk Driving Prevention Act), helped to increase the adoption of the administrative license revocation law (ALR), which allows a driver's license to be seized when his or her BAC (blood alcohol concentration) is over the level that defines driving while intoxicated or when the driver refuses to take a BAC test. It has been shown to be one of the most effective deterrents to drunk driving. Other laws enacted include those that prohibit open alcoholic beverage containers in the passenger compartments of motor vehicles, make BAC tests mandatory for drivers involved in serious or fatal accidents, prevent drivers under 21 from obtaining alcohol and provide for vehicle registration cancellation when drivers have had their licenses suspended or revoked due to alcohol-related offenses.

The 1991 Surface Transportation Efficiency Act mandated that states had to pass four out of five laws that were recognized as having the greatest effect on drunk driving: ALR laws; lowering the legal BAC limit to 0.08 percent; using sobriety checkpoints, which remove drunk drivers from the road immediately and remind other drivers that random checks could occur at any time; establishing effective systems for preventing drivers under 21 from obtaining alcohol; and providing education programs for convicted drunk drivers, funded by the fines assessed against those drivers. Enacting other laws brought additional funds. In 1995 the National Highway Bill further encouraged states to enact the 0.02 BAC level for drivers under 21 by holding back a portion of federal highway funds.

By the late 1990s the campaign against drunk driving focused on lowering the national limit for drunk driving from 0.10 to 0.08 percent BAC. A Transportation Appropriations Act mandated in 2000 that states that did not enact the 0.08 percent BAC standard would forfeit highway construction funds. A similar law was enacted in 2001. States that failed to comply by October 2003 lost 2 percent of certain federal highway funds. By July 2004 all states and the District of Columbia had enacted the 0.08 percent BAC standard.

The Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2005 included funding incentives for states that pass laws that target three types of drunk drivers: repeat offenders, drivers with BACs over 0.15 percent (“higher-risk drunk drivers”) and drunk drivers whose licenses were previously revoked for drunk driving. It also withholds a certain percentage of funding from states that do not have an open container law (one that prohibits at least the driver of a car from having an open container of alcohol in the passenger compartment of a motor vehicle). Among the more serious penalties included for convicted higher-risk drunk drivers are license revocation; vehicle impoundment; and use of ignition interlocks, devices that prevent a vehicle from starting if the breath of the driver contains any alcohol. (See Repeat Offenders below.)

MAP-21, which reauthorized transportation programs for fiscal years 2013 and 2014 beginning in October 2012, contained a formula where states could be classified into three groups using average impaired driving fatality rates. States having the worst rates must assess their impaired driving programs and convene a task force to develop prevention plans before grant funds are disbursed, among other requirements. Safety plans must be approved by the Secretary of Transportation. The states with the best rates are automatically eligible for grant funds that can be used for impaired driving programs of their choice, and states in the middle range have fewer restrictions than the high range states. MAP-21 also allows states to receive separate grants for adopting and enforcing mandatory interlock laws for all drivers convicted of drunk driving. It also requires that states that do not have open container or minimum penalties for repeat offenders have some state highway funds withheld.

Drunk driving laws have been frequently tested in court. In 1990, for example, the New Jersey Supreme Court ruled that accused drunk drivers do not have a right to a jury trial. Utah is the only other state to deny jury trials in drunk driving cases. The constitutionality of roadblocks to check driver sobriety was contested in state courts in the 1980s and in 1990 the issue came before the U.S. Supreme Court, which ruled in Michigan vs. Sitz (No.88-1897) that sobriety checkpoints are a valid tool for detecting and apprehending intoxicated drivers and do not violate the Fourth Amendment prohibiting illegal search and seizure. (It was later remanded to the state court, which ruled it unconstitutional in Michigan). Despite the decision, roadblocks have continued to be opposed in some state courts. Thirty-eight states plus the District of Columbia permit sobriety checkpoints, according to the Insurance Institute for Highway Safety.

Another important case decided by the U.S. Supreme Court in 1990 was Pennsylvania vs. Muniz (No.89-213), in which the court ruled that videotaped evidence of impaired physical performance by a drunk driver is admissible.

In 2013 the U.S. Supreme Court ruled in Missouri vs. McNeely that police officers must attempt to get a warrant before forcing drunken driving suspects to submit to a blood test. Despite the fact that blood alcohol levels will become lower over time, the court said that the dissipation of alcohol does not amount to an automatic exception to the ruling. If police officers can reasonably obtain a warrant within the amount of time that would not affect a blood test, they must do so.

Repeat Offenders: Out of the 1.5 million arrests of impaired drivers each year, one-third are repeat offenders, according to the National Highway Traffic Safety Administration (NHTSA). Using data for 2007, the agency said that drivers with a blood alcohol concentration (BAC) of 0.08 or higher involved in fatal crashes were eight times more likely to have a prior conviction for driving while impaired than drivers who had no alcohol in their blood. Authors of a report published in May 2010 by the American Journal of Public Health studied over 100 million driving records spanning the years 1973 to 2008 and found that the recidivism rate among first offenders more closely resembles that of second offenders than of nonoffenders, a finding that indicates that leniency for first offenders is not appropriate, according to the Director of Law Enforcement at the American Association of Motor Vehicle Administrators.

The Centers for Disease Control (CDC) has studied ignition interlocks and based on the strong evidence of their effectiveness in reducing re-arrest rates recommends their use. Ignition interlocks are devices that measure a driver's BAC and prevent a car from starting if alcohol is detected. According to the Insurance Institute for Highway Safety, as of October 2013, all states have laws either requiring interlocks for certain offenders or allowing courts to order interlocks at their discretion. In 21 states and four California counties, interlocks are mandatory for all offenders, including first-time offenders. Twelve additional states mandate interlocks for high BAC offenders—usually 0.15 or higher—and for repeat offenders. Nine states mandate interlocks only for repeat offenders, and two states only for high-BAC offenders. Six states and the District of Columbia have no mandatory interlock requirements. See chart: State Laws Curbing Drunk Drivers.

First Offenders: Research collated by the National Traffic Law Center and MADD found that first offenders are very likely to have driven drunk before their first arrest. In fact, studies found that on average, one arrest is made for every 88 instances of driving over the legal limit defining drunk driving. The research also found that first offenders’ blood alcohol concentrations were only slightly lower than those of repeat offenders, 0.16 percent compared with 0.18 percent. In one study, over 80 percent of first offenders were found to be problem drinkers or alcoholics; only 18 percent were considered social drinkers. Other studies have shown that 70 to 80 percent of DWI offenders have alcohol abuse problems.

College Drinking: The National Institute on Alcohol Abuse and Alcoholism estimates that 1,700 college students between the ages of 18 and 24 die each year from alcohol-related, unintentional injuries, including motor vehicle crashes (about half among students under 21), and that an additional 599,000 students are injured. In late 2009, Rider University and the family of a student who died in 2007 of alcohol poisoning after drinking while pledging a fraternity reached a confidential settlement. Several fraternity members were also named in the lawsuit. Conditions of the settlement included compensating the student’s family and the school, banning alcohol at all fraternity and sorority events and promising to strengthen sanctions against hazing. A spokesperson for the reciprocal risk retention group that insures the school said that in such cases there is an expectation that schools monitor and enforce policies; claims arise if there is a perception that the school has not lived up to that role. An attorney involved in the case said that courts are now recognizing a special relationship between universities and students but a clear-cut determination of gross negligence and liability is hard to decide.

Liability Issues: Commercial servers: Forty-three states and the District of Columbia have laws on the books or case law (law that comes about through a court ruling rather than an act of the legislature) that hold commercial servers of alcohol liable for the harm caused by their intoxicated patrons. Some of the laws have limitations.

Social Hosts: Thirty-eight states have enacted laws or have case law that permit social hosts who serve liquor to people who subsequently are involved in crashes to be held liable for any injury or death. These laws may have limited application, for example, many laws specify that the drinker must be obviously intoxicated. In some cases, the laws are only targeted at minors.

KEY SOURCES OF ADDITIONAL INFORMATION

"Traffic Safety Facts, Alcohol," U.S. Department of Transportation, The National Center for Statistics and Analysis, NHTSA, annual issues.

Mothers Against Drunk Driving (MADD), http://www.madd.org.

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