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Home > Library > You Are Going Directly To Jail > State DUID Laws

State DUID Laws

Every state has DUID (driving under the influence of drugs) legislation on the books. These laws fall into three distinct categories: Effect-Based DUID Laws, Per Se DUID Laws, "Zero Tolerance" Per Se Laws.

For more detailed information on DUID, please see NORML's report: You Are Going Directly to Jail -- DUID Legislation: What It Means, Who's Behind It, and Strategies to Prevent It.


Arizona | Delaware | Georgia | Illinois | Indiana | Iowa | Michigan | Minnesota | Nevada | North Carolina | Ohio | Pennsylvania | Rhode Island | South Dakota | Utah | Virginia | Wisconsin


 Arizona

Arizona has a zero tolerance per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances. (Arizona Revised Statutes, Section 28-1381)

Arizona's law calls for mandatory imprisonment of 24 hours and not more than six months upon conviction for a first offense.



 Delaware

Delaware has a zero tolerance per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances. (21 Del. C., Section 4177)

Under Delaware law, a person is per se guilty of DUID if their blood, "within four hours of driving, [contains] any amount of an illicit or recreational drug that is the result of the unlawful use or consumption of such illicit recreational drug, or any amount of a substance or compound that is the result of the unlawful use or consumption of an illicit or recreational drug prior to or during driving."



 Georgia

Georgia has a zero tolerance per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances. (Georgia Annotated Section 40-6-391)

Georgia's law calls for mandatory imprisonment of 24 hours and not more than 12 months upon conviction for a first offense.



 Illinois

Illinois has a zero tolerance per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances. (Illinois Compiled Statutes, Section 625 ILCS 5/11-501)

Violating the law is punishable by up to 12 months in jail upon conviction for a first offense.



 Indiana

Indiana has a zero tolerance per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances. (Indiana Code Annotated, Section 9-30-5-1 & Section 9-30-5-2)

Violating the law is punishable by up to 60 days in jail upon conviction for a first offense.



 Iowa

Iowa has a zero tolerance per se drugged driving law enacted for cannabis and other controlled substances.  Cannabis metabolites are excluded under the law. (Code of Iowa, Section 321J.2)

Iowa's law calls for mandatory imprisonment of 48 hours and not more than 12 months upon conviction for a first offense.



 Michigan

Michigan has a zero tolerance per se drugged driving law for cannabis and other controlled substances. Although Cannabis metabolites are excluded under the statutory language of the drugged driving law, MCL 257.625(8), Michigan’s Supreme Court has ruled that cannabis metabolites are included as well. (Michigan v. Derror).

Penalty:

  • Community service for not more than 360 hours or/and Imprisonment for not more than 93 days or/and A fine of not less than $100.00 or more than $500.00.
  • If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following: Imprisonment for not less than 5 days or more than 1 year and/or Community service for not less than 30 days or more than 90 days.
  • If the violation occurs within 10 years of 2 or more prior convictions, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following: Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years and/or Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days.
  • The court may order vehicle immobilization for not more than 180 days.

Michigan's law took effect in October 2003.



 Minnesota

Minnesota has a zero tolerance per se drugged driving law enacted for controlled substances, not including cannabis or cannabis metabolites. 

The law states, "It is a crime for any person to drive, operate, or be in physical control of any motor vehicle ... when the person's body contains any amount of a controlled substance in schedule I or II other than marijuana or tetrahydrocannabinols." (Minnesota Statutes Annotated Section 169A.20)



 Nevada

Nevada has a per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances.

Under Nevada's law, motorists with detectable levels of THC in the blood above 2 ng/ml or detectable
levels of THC-COOH in the urine above 15 ng/ml are guilty of DUID. (Nevada State Code, Section 484.379)



 North Carolina

North Carolina has a zero tolerance per se drugged driving law enacted For schedule I controlled substances and their metabolites, not including cannabis (which is categorized as schedule VI under state law) or its metabolites. (North Carolina General Statues 20-138.1)

Violating the law is punishable by up to two years in jail upon conviction.

North Carolina's law took effect December 1, 2006.



 Ohio

Ohio has a per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances.

Under Ohio's law, motorists with detectable levels of THC in the blood above 2 ng/ml or detectable levels of THC-COOH in the urine above 15 ng/ml are guilty of DUID. (Ohio Revised Code Annotated Section 4511.19, Amended by Senate Bill 8)

Penalty:

  • If violated, a mandatory jail term of three consecutive days (seventy-two consecutive hours.) The court may sentence an offender to both an intervention program and a jail term. The court may impose a jail term in addition to the three-day mandatory jail term or intervention program. However, in no case shall the cumulative jail term imposed for the offense exceed six months.
  • The court may suspend the execution of the three-day jail term under this division if the court, in lieu of that suspended term, places the offender under a community control sanction and requires the offender to attend, for three consecutive days, a drivers' intervention program.
  • License may be suspended from a definite period of six months to three years.

Ohio's law took effect in August 2006.



 Pennsylvania

Pennsylvania has a per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances.  (75 Pa. C.S.A. 3802(d) & 34 Pa.B. 919)

Under Pennsylvania's law, motorists with detectable levels of THC in the blood above 5 ng/ml are guilty of DUID.

Pennsylvania's law took effect in October 2003.



 Rhode Island

Rhode Island has a zero tolerance per se drugged driving law enacted for cannabis and other controlled substances. Cannabis metabolites are excluded under the law. (General Laws of Rhode Island, Section 31-27-2)

Violating the law is punishable by up to 12 months in jail upon conviction for a first offense.



 South Dakota

South Dakota has a zero tolerance per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances for persons under age 21. (South Dakota codified laws, Section 32-23-21)

Under South Dakota's law, it is a Class 2 misdemeanor for any person under the age of 21 to be in physical control of a vehicle "after having consumed marijuana or any controlled drug or substance for as long as physical evidence of the consumption remains present in the person's body."



 Utah

Utah has a zero tolerance per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances. (Utah Code Annotated, Section 41-6-44 & Section 41-6-44.6)

Utah's law calls for mandatory imprisonment of 48 hours and not more than 6 months upon conviction for a first offense.



 Virginia

Virginia has a per se drugged driving law enacted for controlled substances, not including cannabis or cannabis metabolites. (Virginia State Code, Section 18.2-266)

Virginia's law took effect in July 2005.



 Wisconsin

Wisconsin has a zero tolerance per se drugged driving law enacted for cannabis and other controlled substances. Cannabis metabolites are excluded under the law. (Wisconsin State Code, Section 346.63)

Wisconsin's law took effect in January 2004.


updated: Sep 18, 2005
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