Drug Impaired Driving Laws
While all states have drunk driving laws, only some have enacted laws to address drug impairment. This chart provides a broad outline of drug impaired driving laws throughout the U.S.
- 19 states have strict per se laws that forbid any presence of a prohibited substance or drug in the driver's body while in control of the vehicle.
- 2 of these 18 states include this in their drunk driving statute.
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49 states, the District of Columbia, and the Northern Mariana Islands have Drug Evaluation & Classification Programs (DEC) that train law enforcement officers to become certified Drug Recognition Experts (DRE) who can successfully identify drug impaired drivers and accurately determine the category of drugs causing such impairment. This training enables officers to better present evidence of drug impairment in court.
Learn More About Impaired Driving
| State | Per Se Laws for Drugs (Forbidding Prohibited Substances in Driver's Body) | DEC/DRE Programs (Providing Law Enforcement Training) |
| Alabama | Yes | |
| Alaska | Included in drunk driving statute | Yes |
| Arizona | Yes | Yes |
| Arkansas | Yes | |
| California | Yes | |
| Colorado | Yes | |
| Connecticut | Yes | |
| Delaware | Yes | Yes |
| D.C. | Yes | |
| Florida | Yes | |
| Georgia | Yes | Yes |
| Hawaii | Yes | |
| Idaho | Yes | |
| Illinois | Yes | Yes |
| Indiana | Yes | Yes |
| Iowa | Yes | Yes |
| Kansas | Yes | |
| Kentucky | Yes | |
| Louisiana | Yes | |
| Maine | Yes | |
| Maryland | Yes | |
| Massachusetts | Yes | |
| Michigan | Yes | Yes |
| Minnesota | Yes | Yes |
| Mississippi | Yes | Yes |
| Missouri | Yes | |
| Montana | Yes | |
| Nebraska | Yes | |
| Nevada | Yes | Yes |
| New Hampshire | Yes | |
| New Jersey | Yes | |
| New Mexico | Yes | |
| New York | Yes | |
| North Carolina | Schedule I controlled substances or matabolites | Yes |
| North Dakota | Yes | |
| Northern Mariana Islands | Yes | |
| Ohio | Yes | Yes |
| Oklahoma | Yes | |
| Oregon | Yes | |
| Pennsylvania | Yes | Yes |
| Rhode Island | Yes | Yes |
| South Carolina | Included in drunk driving statute | Yes |
| South Dakota | Yes | |
| Tennessee | Yes | |
| Texas | Yes | |
| Utah | Yes | Yes |
| Vermont | Yes | |
| Virgin Islands | ||
| Virginia | Yes | Yes |
| Washington | Yes | |
| West Virginia | ||
| Wisconsin | Yes | Yes |
| Wyoming | Yes | |
| Total States | 19 | 49 + D.C., Northern Mariana Islands |
Source: State Highway Safety Offices.
Disclaimer: The information on this page is for general information purposes only and is not to be considered legal authority. For clarification on any law, consult the appropriate State Highway Safety Office.