2016 Digest of State Laws: Driving Under the Influence of Drugs, First Edition

Boddie, Amanda; O’Brien, Audra · 2018 · ROSA P / United States. Department of Transportation. National Highway Traffic Safety Administration

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Summary

This report, titled *2016 Digest of State Laws: Driving Under the Influence of Drugs*, serves as a comprehensive reference for state laws addressing driving under the influence of drugs (DUI-D). Published by the National Highway Traffic Safety Administration (NHTSA) in March 2018, the document compiles legal statutes from all 50 states, the District of Columbia, and Puerto Rico. The primary motivation for this digest is to provide an accessible, centralized resource for understanding the varying legal frameworks governing drug-impaired driving, chemical testing protocols, and associated sanctions across the United States. The methodology involved a systematic review of state statutes and regulations current as of September 5, 2016, with marijuana-related laws updated through December 31, 2016. The authors categorized laws into specific legislative subject areas, including the basis for DUI-D charges, chemical testing requirements, adjudication procedures, and sanctions. The report defines key legal concepts such as "illegal per se" laws, which criminalize driving with any amount of a designated substance, and "zero tolerance" laws. It also details implied consent statutes, which dictate whether drivers must submit to blood, urine, or saliva tests upon arrest, and the legal consequences of refusing such tests. The digest includes three summary charts that synthesize basic drugged driving provisions, chemical testing laws, and marijuana possession and use laws for each jurisdiction. The findings reveal significant variation in how states define and penalize DUI-D offenses. While all jurisdictions prohibit driving while impaired by drugs, the specific legal standards differ. Some states, such as Arizona and Delaware, employ "zero tolerance" or "illegal per se" laws that make it a criminal offense to operate a vehicle with any detectable amount of certain controlled substances or their metabolites. Other states, like Colorado and Illinois, have established specific presumption thresholds for delta-9-tetrahydrocannabinol (THC), presuming impairment if blood concentrations exceed 5 ng/mL. The report highlights that most states permit blood draws under implied consent statutes, though some require warrants or limit draws to cases involving serious injury or death. Additionally, the digest tracks the evolving landscape of marijuana laws, noting which states have legalized or decriminalized possession for medicinal or recreational use, and how these changes intersect with DUI-D enforcement. The significance of this digest lies in its utility for policymakers, law enforcement, and legal professionals seeking to navigate the complex and fragmented regulatory environment surrounding drug-impaired driving. By standardizing the presentation of diverse state laws, the report facilitates comparative analysis and supports efforts to harmonize enforcement strategies. It underscores the growing prevalence of marijuana-related DUI-D offenses and the legal challenges associated with establishing impairment thresholds for drugs, unlike alcohol. The document serves as a foundational resource for understanding the current legal landscape, aiding in the development of future policies and enforcement protocols aimed at reducing drug-impaired driving incidents.

Key finding

The document catalogs the specific statutory frameworks and legal definitions governing drug-impaired driving offenses for each jurisdiction.

Methodology

dataset

Provenance

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Summary generated by qwen3.6-27b-prismaquant on 2026-06-10; verification: verified.

Topics

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• illicit drugs
• dui enforcement
• polydrug
• cannabis
• drowsy as impairment