Drug Impaired Driving Laws

Drug impaired driving is a growing problem in the United States, but it has not received the same attention as drunk driving. Detecting the drug impaired driver is not easy. There is no national standard equivalent to Blood/Breath Alcohol Content (BAC) tests against which the level of drug impairment can be measured. While all states have drunk driving laws, few have enacted laws to address drug impairment.

  • Some states, such as Alaska and South Carolina, include drug impaired driving as part of their drunk driving statute.
  • The 16 states listed below 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.
  • 43 states, DC, and the Northern Mariana Islands have a Drug Evaluation Classification (DEC) program that provides training for law enforcement officers to become certified Drug Recognition Experts (DRE) who can identify indicators of impairment. This training not only assists law enforcement in identifing drug impaired drivers, but also enables officers to better present evidence of drug impairment in court.

State

Per Se Laws for Drugs
(Forbidding Prohibited Substances in
Driver's Body)

DEC/DRE Programs
(Providing Law Enforcement Training)

Alabama

 

 

Alaska

 

 

Arizona

Yes

Yes

Arkansas

 

Yes

California

 

Yes

Colorado

 

Yes

Connecticut

 

 

Delaware

Yes

Yes

D.C.

 

Re-establishing

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

 

Minnesota

Yes

Yes

Mississippi

Yes

Yes

Missouri

 

Yes

Montana

 

Limited

Nebraska

 

Yes

Nevada

Yes

Yes

New Hampshire

 

Yes

New Jersey

 

Yes

New Mexico

 

Yes

New York

 

Yes

North Carolina

 

Yes

North Dakota

 

Yes

Northern Mariana Islands

 

Yes

Ohio

Yes

 

Oklahoma

 

Yes

Oregon

 

Yes

Pennsylvania

Yes

Yes

Rhode Island

Yes

Yes

South Carolina

 

Yes

South Dakota

 

Yes

Tennessee

 

 

Texas

 

Yes

Utah

Yes

Yes

Vermont

 

Yes

Virgin Islands

Virginia

Yes

Yes

Washington

 

Yes

West Virginia

 

 

Wisconsin

Yes

Yes

Wyoming

 

Yes
(pilot class began Spring 2007)

Total

16 States

43 States + D.C., Northern Mariana Islands

Source: State Highway Safety Offices. Most recently reviewed July, 2008.