Facts + Statistics: Alcohol-impaired driving

Alcohol-impaired crashes are those that involve at least one driver or a motorcycle operator with a blood alcohol concentration (BAC) of 0.08 grams per deciliter or above, the legal definition of impaired driving. According to NHTSA 10,142 people died in alcohol-impaired crashes in 2019. Alcohol-impaired crash fatalities accounted for 28 percent of all crash fatalities.

Alcohol is a major factor in traffic crashes. Based on data from the U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA), 10,142 people died in alcohol-impaired crashes in 2019. These crashes involve at least one driver or motorcycle operator with a blood alcohol concentration (BAC) of 0.08 grams per deciliter or above, the legal definition of impaired driving in most states. According to NHTSA, alcohol-impaired crash fatalities accounted for 28 percent of all crash fatalities in 2019, the lowest proportion on record.

More than 11,000 law enforcement agencies across the country voluntarily reported more than 575,000 arrests for driving under the influence of alcohol, drugs or narcotics to the Federal Bureau of Investigation in 2020. This is in comparison to 755,000 such arrests report in 2019 and over 1 million reported in 2013.

All states and the District of Columbia except Utah define impairment as driving with a BAC (blood alcohol concentration) at or above 0.08 grams per deciliter. In Utah the BAC limit was lowered to 0.05 in 2018. Law enforcement officials have been able to measure BAC accurately for decades, and the results obtained from testing devices is accepted in almost all jurisdictions in the United States.

Campaigns against alcohol-impaired driving 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 impaired driving, according to NHTSA.

To make sellers and servers of liquor more careful about to whom and how they serve drinks, 42 states and the District of Columbia have enacted laws or have case law holding commercial liquor servers legally liable for the damage, injuries and deaths an alcohol-impaired driver causes. 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.

Total Traffic And Alcohol-Impaired Crash Fatalities, 1985-2019

 

    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
2005 43,510 13,582 31
2010 32,999 10,136 31
2011 32,479 9,865 30
2012 33,782 10,336 31
2013 32,894 10,110 31
2014 32,744 9,943 30
2015 35,485 10,320 30
2016 37,806 10,967 29
2017 37,473 10,880 29
2018 36,835 10,710 29
2019 36,096 10,142 28

(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 grams per deciliter or above, the legal definition of alcohol-impaired driving in most states.

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

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Percent Of Drivers Involved In Fatal Crashes Impaired By Alcohol By Age, 2010 And 2019 (1)

 

Age 2010 2019 Point change
16 to 20 18% 15% -3 pts.
21 to 24 34 27 -7
25 to 34 30 25 -5
35 to 44 25 22 -3
45 to 54 21 18 -3
55 to 64 14 15 1
65 to 74 8 10 2
Over 74 4 6 2

(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 grams per deciliter or above, the legal definition of alcohol-impaired driving in most states.

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

View Archived Tables

Persons Killed In Total And Alcohol-Impaired Crashes By Person Type, 2019

 

    Alcohol-impaired crash fatalities (1)
Person type Total killed Number Percent of
total killed
Vehicle occupants      
     Driver 17,880 5,818 33%
     Passenger 5,807 1,664 29
     Unknown occupant 57 2 3
     Total 23,744 7,483 32%
Motorcyclists 5,014 1,689 34%
Nonoccupants      
     Pedestrian 6,205 816 13
     Pedalcyclist 846 106 12
     Other/unknown 287 48 17
     Total 7,338 970 13%
Total 36,096 10,142 28%

(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 grams per deciliter or greater, the legal definition of alcohol-impaired driving.

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

View Archived Tables

State Laws Curbing Alcohol-Impaired Driving

(As of October 2021)

  Interlocks (1) required    
    To drive during post-conviction license suspension To reinstate license after conviction    
State To drive during ALS (2)
(first offense)		 First offender Repeat offender First offender Repeat offender ALS (2) mandatory
90-day license suspension (3)		 Open container law (4)
Alabama (5) X X   X X X
Alaska X X X  X  X X  
Arizona     X X   X X X
Arkansas X X X X X X X
California           X X
Colorado X X X    X X X
Connecticut (5) (5) (5) X X X  
Delaware (5) X X     X  
D.C.   X X       X
Florida   (6) X (6) X X X
Georgia     X   X X X
Hawaii X X X X X X  
Idaho     (6) X X X X
Illinois X   X   X X X
Indiana           X X
Iowa X (5) X   X X X
Kansas (5) (5) X X X   X
Kentucky (7) X X       X
Louisiana   X X        
Maine     X     X  
Maryland   X X X X X X
Massachusetts (5)   X   X X X
Michigan (7)   X   X   X
Minnesota (6) (6) X     X X
Mississippi X X X      X  
Missouri     X    X X  
Montana (7)         X X
Nebraska X* X* X* X* X* X X
Nevada           X X
New Hampshire (5) X (5)   X X X
New Jersey (7)   X X X X X
New Mexico X X X X X X X
New York (7) X X X X X X
North Carolina   (6) (5) (6) X   X
North Dakota           X X
Ohio     X     X  
Oklahoma X X X     X X
Oregon   X X X X X X
Pennsylvania (7) (6) X (6) X   X
Rhode Island (7) X** X**   X**   X
South Carolina (7) (6) (5) (6) X   X
South Dakota (7)           X
Tennessee (7) X X   X X  
Texas   X X   X X X
Utah X (5) (5) X X X X
Vermont X X X   X X X
Virginia (5) X X   X    
Washington X X X X X X X
West Virginia X X X   X X X
Wisconsin           X X
Wyoming     X (6) 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) Administrative license suspension, on-the-spot drivers license suspension or revocation if blood alcohol concentration (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 are arrested for alcohol-impaired driving or if BAC is over the legal limit will have their license revoked or suspended.
(4) Prohibits unsealed alcohol containers and alcohol consumption in motor vehicle passenger compartments for all occupants. Counts only laws meeting federal requirements.
(5) No option for driving during suspension.
(6) State does not require interlocks except under certain conditions; see IIHS website.
(7) State has no administrative license suspension for first test failure.

*Interlocks will not be required effective 7/01/22. See IIHS website for other changes effective 7/01/22.
**Interlocks will not be required effective 1/01/22.

Source: Insurance Institute for Highway Safety; Governors Highway Safety Association. 

Statutes Or Court Cases Holding Alcoholic Beverage Servers Liable

(As of October 2021)

  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  
Arizona X X X X Nevada     X (4)  
Arkansas X X     New Hampshire X   X X
California X   X   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    
Hawaii   X X   Oregon X 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 (4)
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: Excerpted from Dram Shop Social Host Liability, property of American Property Casualty Insurers Association.

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