Which actually kills more people?
Driving drunk kills thousands each year. Driving distracted kills thousands each year. Yet people continue to drive both drunk and distracted on a daily basis.
Don’t they know how preventable these deaths are?
Let’s shed some light on both issues:
Drivers overwhelmingly think drunk driving is worse. But texting while driving incidents are closing in on impaired driving and the punishments for each couldn’t be more different.
Understanding how drunk driving stacks up against distracted driving can help motorists choose wisely. It also greatly impacts anyone currently facing a first-time DWI offense.
In this article you’ll learn:
- How driving drunk compares to driving distracted
- How many people are actually killed or injured by each
- Typical punishments for first-time DWI offenders
- Why texting and driving laws are still behind the curve
Drunk vs Distracted Driving Stats
Let’s start with some cold, hard stats.
NHTSA’s latest stats show there were 12,429 fatalities in alcohol-impaired driving crashes in 2023. That was approximately 30% of all crash fatalities that year. One person died in a drunk driving accident every 42 minutes.
Deaths caused by distracted driving totaled 3,275 in 2023 and resulted in more than 324,000 injuries. Law enforcement officers handled almost 782,000 reported crashes involving distracted drivers.
Pause for a minute…
Alcohol caused 4 times as many deaths as distracted driving. But distracted driving accidents were over twice as likely to occur than drunk driving. And they’re likely underreported since distracted driving is harder to confirm.
Speed is one factor. Many believe drunk drivers are more aggressive and travel at higher speeds. Distractions happen at lower speeds while stopped or moving slowly. But distracted driving can be just as deadly as impaired driving.
Anything that takes your eyes off the road, hands off the wheel or mind off driving can cause a crash. Recognizing this can make all the difference.
Drivers impaired by alcohol or drugs tend to drive unpredictably, speed and drive the wrong way down highways. Texting behind the wheel usually doesn’t fall into these categories…but it should.
Below are the standard punishments for those convicted of driving while intoxicated. You might be surprised at how your first offense can impact your life.
Punishments for Driving Drunk the First Time
Being charged with DWI isn’t something to take lightly. Penalties are steep even if it’s your first offense. If this applies to you, seek out an attorney for DWI charges immediately to learn everything you’re up against.
First-time offenders can expect the following penalties:
- Up to $2,000 in fines (doesn’t include court costs/surcharges)
- Jail time from 72 hours to 180 days
- Loss of driver’s license from 90 days up to 1 year
- Mandatory DWI education courses
- Volunteer service hours
- Significant increases in insurance rates (typically double or triple)
This isn’t even all of it. A DWI conviction leaves you with a criminal record you’ll have to explain for the rest of your life. Employers, landlords and professional licensing boards don’t take kindly to drunk drivers.
Insurance is one of the worst parts…
Typically insurance will go up by about 58%. Some states have seen increases as high as 307%. You’ll pay this for the rest of your time with the company unless you switch providers.
Judges often give first-time offenders probation instead of jail time. Probation has many stipulations of its own. Things like meeting with officers regularly, attending alcohol education and maintaining a job.
Driving Distracted Punishments Are Lighter
Now let’s look at punishments for driving distracted.
Texting while driving for the first time is usually a fine between $25 and $500. Jail time? Nope. No criminal record. No compulsory education classes to attend.
That’s a problem.
Studies show texting while driving increases your chances of crashing by several times. Yet the punishment doesn’t even come close to DWI offenses. And insurance only goes up by about 22%.
As of 2025, 30 states have laws banning handheld device use while driving. These are commonly referred to as hands-free laws. Washington D.C. also prohibits handheld use while driving.
Many of these states lack proper enforcement. Proving distraction after a crash occurred is nearly impossible.
Thankfully it is getting better though. Stronger laws and awareness have caused phone distractions to decrease by 8.6% in 2024 alone. But there’s a lot of work to do.
Why Drunk Driving Is Punished More Severely
You might be wondering why DWI’s are punished so much more than distracted drivers.
Cause they go way back. Organizations like MADD (Mothers Against Drunk Driving) have been fighting for stronger impaired driving laws for over 40 years. MADD is directly responsible for many of the penalties mentioned above.
Impairment can be easily identified. Giving law enforcement your blood alcohol concentration provides concrete evidence. There’s a set legal limit of .08% for most drivers. Testing someone for distraction isn’t possible.
Drunk driving has been around longer. Fatalities involving drunk drivers have been tracked since 1982. Lawmakers have had more time to set harsh penalties for DWI convictions. Distracted driving stats only go back to 2011.
What many people don’t know is…
Distracted driving related laws and penalties are changing. More states are passing hands-free laws every year. Fines for using your phone while driving are increasing as well. Some places are starting to treat egregious distracted driving like DWI’s.
Stay up to date on your state’s driving laws. Because they can change yearly.
How to Avoid Trouble With Both Offenses
The best way to avoid these punishments? Don’t drive drunk or distracted.
Simple, right? Here’s a few more ideas:
- Plan your sober driver before drinking starts
- Call a taxi or use a ride-sharing app like Uber
- Designate a driver who isn’t drinking
Avoid driving distracted:
- Put your phone away before you drive
- Use hands-free options if you absolutely need to respond
- Pull over if you need to take your attention off the road
No text message is worth killing someone over. No matter how much you need to respond. And drinking and driving once will always be worse than the cost of a cab ride.
Driving Drunk vs Distracted: Final Thoughts
Driving drunk and driving distracted should both be avoided at all costs. But the punishments don’t compare.
Driving under the influence of alcohol causes far more deaths than distracted driving. So the penalties are much more severe. Fines, jail time, suspended licenses and a criminal record.
While distracted driving is starting to even out with drunk driving fatalities. It happens way more often than driving drunk. And the consequences for getting caught aren’t punishing enough.
If you’re facing a first-time DWI offense take every possible measure to defend yourself. Hire a lawyer who specializes in DWI cases and know your state’s driving laws like the back of your hand.
The moral of the story… Driving drunk and driving distracted are 100% preventable. Don’t text and drive. And don’t ever get behind the wheel if you’ve been drinking.
