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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.
- 17 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.
- 3 states – California, New York and Hawaii – separate driving under the influence of alcohol, under the influence of a drug, and under the combined influence of alcohol and a drug as part of their impaired driving statute.
- 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
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.
State | Per Se Laws for Drugs (Forbidding Prohibited Substances in Driver's Body) | DEC/DRE Programs (Providing Law Enforcement Training) |
Alabama | Yes | |
Alaska | 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 | Yes | Yes |
North Dakota | Yes | |
Northern Mariana Islands | Yes | |
Ohio | Yes | Yes |
Oklahoma | Yes | |
Oregon | Yes | |
Pennsylvania | Yes | Yes |
Rhode Island | Yes | Yes |
South Carolina | 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 | 17 | 49 + D.C., Northern Mariana Islands |
Source: State Highway Safety Offices.