Driving under the influence of alcohol is a massive issue in the United States. Roughly 37 Americans are killed per day in drunk-driving crashes — on average, that’s one person every 39 minutes.
More than 11,000 people die each year in drunk driving crashes – that’s about 30% of all traffic fatalities, according to statistics from the National Highway Traffic Safety Administration. The physical toll is only part of the high cost – accidents total approximately $58 billion annually, racking up medical expenses, property damage, legal fees, and lost wages and productivity.
But which states are most aggressive when it comes to enforcing laws restricting “driving under the influence” (DUI) and “driving while intoxicated” (DWI)? To find out, Michael & Associates, a criminal-defense law firm headquartered in Austin, Texas, compared penalties in all 50 states and Washington D.C. Here’s what we learned.
5 States with the Strictest DUI Laws
5 States with the Least Strict DUI Laws
Key Takeaways
DUI Checkpoints
All states in the top 10 allow DUI checkpoints, particularly on busy weekends and holidays. Each state has different requirements for the checkpoints, but motorists must be given advance notice of the enforcement efforts. Police are allowed to stop motorists during these events without probable cause. They can request your driver’s license and registration. In many instances, they can request that drivers complete field sobriety testing. However, drivers are not required to complete the field tests. However, refusal may result in an immediate driver’s license suspension. If you’re visiting a different state, it’s important to research their laws before traveling.
DUI checkpoints are most likely to be scheduled for holiday travel periods. That’s because people are more likely to be attending family or social events and more likely to be on the roads. These include:
- St. Patrick’s Day
- Memorial Day
- Fourth of July
- Labor Day
- Thanksgiving
- Christmas
- New Year’s Eve and New Year’s Day
The Bottom Line
DUI/DWI enforcement varies by state. However, some states are more strict than others, requiring expensive fines and mandatory jail time, even for a first-time offender. Additionally, a guilty plea or conviction has other collateral consequences, including several years’ worth of higher car insurance premiums, potential career licensing issues, and a criminal record that could cause problems when searching for employment or housing.
Methodology
To calculate the rankings, Michael & Associates compiled data on minimum driver’s license suspension averages, mandatory jail time, fines, insurance rate increases, whether the state utilizes mandatory DUI checkpoints, and other potential legal consequences, including mandatory alcohol education or assessment and treatment, potential for vehicle confiscation or forfeiture, required installation of ignition interlock devices, and possible enhancements for drivers with blood alcohol concentrations above .15%.
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Nathan Schenker
Adjunct Professor of Criminal Justice at West Chester University of Pennsylvania
What are some of the reasons — in your opinion — that DUI/DWI penalties differ so much from state to state?
I think societal standards on impaired driving differ geographically. In some jurisdictions there is a greater tolerance for the behavior. There may be an experience effect as well. For example, if the legislators are aware of a particular case or cases, such as homicide while DUI, they tend to reflect that throughout the statute.
Some states punish first-time offenders with mandatory jail time and driver’s license suspensions of up to a year, while others emphasize rehabilitation. Do you believe one approach prevents recurrences more effectively than the other?
Jail time and suspensions are the immediate deterrent for that individual in the moment, but not effective overall. They do not address underlying problems or concerns. If not addressed there is a high potential for recidivism. Rehabilitation is a much better approach. Ideally, there should be a focus on rehabilitation combined with preventing the driving behavior. For example, requiring and funding the cost of alcohol interlock devices that prevent operating a vehicle while under the influence. The primary goal after rehabilitation is protecting society from the impact of intoxicated drivers. Many jurisdictions see jail as the best solution. As is obvious from my comments, this is short sighted. A bright spot may be that in jurisdictions of which I am aware there are usually treatment requirements attached to sentences imposed.
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James Fell
Principal Research Scientist, NORC at the University of Chicago
What are some options available to help people avoid drinking and driving after drinking over the holidays?
Rideshares, ignition interlock devices, and portable breathalyzers help to prevent people from getting behind the wheel when they know they’re intoxicated.
What measures can be taken to stop loved ones from driving drunk?
Once, when a was hosting a party, everyone had to breathe into a portable breathalyzer. And then you may have to have some uncomfortable conversations. Offer coffee or to call a rideshare.
Rebecca Stumpf manages content research and editing for Michael & Associates. She is an award-winning journalist with 30+ years of experience working for daily newspapers. Her work has appeared on CNN, CNBC, Business Insider and DallasNews.com.
Rebecca Stumpf manages content research and editing for Michael & Associates. She is an award-winning journalist with 30+ years of experience working for daily newspapers. Her work has appeared on CNN, CNBC, Business Insider and DallasNews.com.