Alcohol and the Law

Driving skills are affected adversely in most people beginning at a BAC of just .05%.

The U.S. National Highway Traffic Safety Administration (NHTSA) has made it illegal to operate a motor vehicle with a BAC at or above .10%. Each state has its own laws about the BAC level that equals "driving under the influence" (DUI) or "driving while intoxicated" (DWI). Most states use .10% as the legal definition of "intoxicated" for drivers aged 21 and above. Nineteen states and the District of Columbia have lowered that limit to .08%. Massachusetts is the only state that does not prohibit drinking and driving with a specific BAC level.

Some states also have adopted a zero-tolerance standard for teenage drivers. Violators have their licenses suspended and face other legal consequences for operating a motor vehicle with any detectable blood-alcohol levels.

The following are BAC-related data for the 50 states and the District of Columbia for the first offense only. All states impose fines, ranging from $100 to $1000 for the first offense. States also have jail time guidelines, which range from 48 hours to two years, depending on the state and the severity of the offense. Some states also impound vehicles from one to thirty days. Penalties are increased dramatically with second, third, and subsequent offenses. In many states, a fourth offense is an automatic felony with penitentiary time attached.

Drinking and Driving Data

• Approximately 16,000 people are killed each year in alcohol-related crashes in the U.S. (1)
• Each year, approximately 2,200 16-20 year olds are killed in alcohol-related car crashes. (3)
• Since 1980, the greatest decline in fatalities among legally drunk drivers was in the 16-20 year-old group. (2)
• 28% of fatally injured motor vehicle drivers last year had BACs of at least 0.10%. (2)
• Four out of five states that lowered the legal BAC to .08% saw significant decreases in alcohol-related crashes. (2)
• Alcohol involvement in crashes peaks at night and is higher on weekends than on weekdays. (2)
• Among accidents occurring between 9 p.m. and 6 a.m. last year, 53% of fatally injured drivers had BACs at or above 0.10%, compared with 15% of drivers during other hours. (2)
• Last year, 39% of fatally injured drivers on weekends (6 p.m. Friday to 6 a.m. Monday) had BACs at or above 0.10 %, compared with 21% of drivers on weekdays. (2)

Sources:
1 -- National Highway Traffic Safety Administration
2 -- Insurance Institute for Highway Safety
3 -- Mothers Against Drunk Driving