Drug Impaired Driving

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The chart below describes the statewide laws related to drug-impaired driving across the country. Use the arrows below the chart to toggle through the states in alphabetical order. To advance slowly, click the single right arrow (>). To jump to the end, click the double arrows (>>). Or use the filter by state feature to jump to a specific state.
 
Scroll down for a summary and overall totals of the number of states that have specific provisions.

Alabama Alaska Arizona Arkansas
DUID Zero Tolerance or Per se Laws for Some Drugs

None

DUID Zero Tolerance or Per se Laws for Some Drugs

None

DUID Zero Tolerance or Per se Laws for Some Drugs

Zero tolerance for some drugs

DUID Zero Tolerance or Per se Laws for Some Drugs

None

Marijuana Possession and Use

Illegal

Marijuana Possession and Use

Decriminalized and legal for recreational and medical use

Marijuana Possession and Use

Legal for medical use

Marijuana Possession and Use

Legal for medical use

Marijuana Impaired Driving

None

Marijuana Impaired Driving

None

Marijuana Impaired Driving

Zero tolerance for THC and metabolites

Marijuana Impaired Driving

None

DUID Zero Tolerance or Per se Laws for Some Drugs

None

Marijuana Possession and Use

Illegal

Marijuana Impaired Driving

None

DUID Zero Tolerance or Per se Laws for Some Drugs

None

Marijuana Possession and Use

Decriminalized and legal for recreational and medical use

Marijuana Impaired Driving

None

DUID Zero Tolerance or Per se Laws for Some Drugs

Zero tolerance for some drugs

Marijuana Possession and Use

Legal for medical use

Marijuana Impaired Driving

Zero tolerance for THC and metabolites

DUID Zero Tolerance or Per se Laws for Some Drugs

None

Marijuana Possession and Use

Legal for medical use

Marijuana Impaired Driving

None

Drug Impaired Driving

Every state has laws dealing with alcohol-impaired driving and drug-impaired driving. But unlike the laws for drunk driving, those that address drugged driving are nuanced, difficult to enforce and prosecute and vary substantially by state.

In addition to general impairment laws, there are two basic laws that states tend to use when addressing drug-impaired driving:

  • Zero Tolerance laws make it illegal to drive with any measurable amount of specified drugs in the body. These laws are best suited for illegal drugs: if it is illegal to possess or use a drug, then it is reasonable to prohibit driving after the drug has been possessed and used.
    • 16 states have zero tolerance laws in effect for one or more drugs.
  • Per Se laws make it illegal to drive with amounts of specified drugs in the body that exceed set limits.
    • 5 states have per se laws in effect for one or more drugs.

Marijuana Drug-Impaired Driving Laws

17 states have zero tolerance or non-zero per se laws for marijuana.

  • 10 states have zero tolerance for THC or a metabolite.
  • 3 states have zero tolerance for THC but no restriction on metabolites.
  • 4 states have specific per se limits for THC
  • 1 state (Colorado) has a permissible inference law for THC

A PDF list of state marijuana-related laws is also available here.

NOTE: GHSA does not compile any additional data on drug impaired driving laws other than what is presented here. For more information, consult the appropriate State Highway Safety Office.

Sources: State Highway Safety Offices.