State-by-State Guide to Cannabis DUI Laws

Although some states make a distinction between cannabis metabolites left behind in one’s bloodstream days or even weeks after smoking, many states consider any level of THC in the bloodstream to be driving under the influence. Stay informed by brushing up on your state’s cannabis and DUI laws so you’re familiar with the penalties you could face if you’re busted behind the wheel.

Click on a state below to view its DUI laws. States denoted with an asterisk (*) have separate DUI laws for cannabis.

Note: This is not intended to be legal guidance and is for informational purposes only.


Alabama

In Alabama, it is implied that the driver shall consent to a chemical test of their breath, blood, or urine for the purpose of determining the presence of drugs and/or alcohol. However, an individual suspected of being under the influence of cannabis has the right to refuse to submit to a chemical test, and no penalties or sanctions apply for refusing to submit to chemical testing for drugs.

Test: Breath, blood, and urine tests

Penalties:

  • 1st offense: No more than one year in jail, $600 to $2,100, 90-day suspended license
  • 2nd offense (within five years): $1,100 to $5,000 fine, imprisonment (which may include hard labor) for no less than five days and not more than one year, 30 days community service, one-year suspended license
  • 3rd offense: $2,100 to $10,000 fine, imprisonment for mandatory minimum of 60 days but not more than one year, three-year suspended license
  • 4th or subsequent offense: Class C felony; $4,100 to $10,000 fine, imprisonment for no less than one year and one day but no more than 10 years (sentence may be suspended if the offender enrolls and completes a state certified chemical dependency program), five-year suspended license

For more information, please refer to Ala. Code Ann. Section 32-5A-191.

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Alaska

In Alaska, the law for driving under the influence of cannabis carries the same penalty as driving under the influence of alcohol. A person suspected of driving under the influence is implied to have given consent to submit to a chemical test of their breath, blood, or urine to determine the level of alcohol in their system. However, the implied consent law does not require a driver suspected of driving under the influence of marijuana to submit to a chemical test, and no penalties shall apply for refusing to submit to a chemical test.

Test: Trained officers observe level of impairment, blood test in case of traffic accident.

Penalties:

  • 1st offense: 72 hours jail time, $1,500 fine, 90-day suspended driver’s license, and ignition interlock device (IID) shall be installed on the offender’s vehicle
  • 2nd offense: 20 days in jail, $3,000 fine, one-year suspended license, and IID installation
  • 3rd offense: 60 to 120 days in jail, $4,000 to $10,000 fine, three-year suspended driver’s license, and IID installation
  • 3rd offense (within 10 years): Felony; mandatory 120 days in jail, up to $10,000 fine, driver’s license suspended for life
  • 4th offense: Mandatory 120 days in jail, up to $10,000 fine, five-year suspended driver’s license, mandatory IID for probationary period
  • 4th offense (within 10 years): Felony; mandatory 240 days in jail, minimum $10,000 fine, driver’s license suspended for life
  • 5th offense: 360 days in jail, minimum $7,000 fine
  • 5th offense (within 10 years): Mandatory minimum one year in jail, minimum $10,000 fine, driver’s license suspended for life

For more information, please refer to Alaska’s Marijuana DUI Fact Sheet.

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Arizona*

It is unlawful for a person to drive under the influence of any drug or alcohol. However, a registered medical marijuana patient shall not be considered under the influence solely for having cannabis metabolites in their system. By operating a vehicle in Arizona, a person gives consent to a test of their blood, breath, urine, or other bodily substance. A person may refuse to submit to a test, but their license may be suspended or denied for 12 months. A person also has the right to consult an attorney before submitting to a chemical test, or after being taken into custody.

Test: Blood, breath, urine, chemical tests

Penalties:

  • 1st offense: No less than 10 days in jail, $1,250, 90-day suspended license, probation for up to five years, may be court-ordered to perform community service. If alcohol is involved, must install an IID for 12 months. Judge may suspend all but one day of the sentence if the person completes a drug and alcohol treatment program.
  • 2nd offense (within seven years): No less than 90 days in jail, $3,000 in fines, one-year suspended license, substance abuse evaluation, probation for up to five years, minimum of 30 hours of community service
  • 3rd offense (within seven years): Class 4 aggravated felony; minimum of 120 days to two years in prison, the state may seize vehicle, $4,000 up to $150,000 in fines, license revoked for three years, probation for up to five years

For more information, please refer to Ariz. Rev. Stat. Ann. §§ 28-1381.

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Arkansas

When driving in Arkansas, there is implied consent that an individual will submit to one or more chemical tests of their breath or blood. By refusing to submit to a chemical test, the individual’s license shall be seized and suspended for 180 days. The defendant does not have a right to consult to an attorney before taking the test, and a refusal to submit to a test may be used as admissible evidence of intoxication and the defendant’s awareness of guilt.

Test: Blood or breath chemical test

Penalties:

  • 1st offense: 24 hours’ jail time to a maximum of one year (potential public service in lieu of jail time), $150 – $1,000 fine, 120 day suspended license
  • 2nd offense: Minimum of seven days to maximum of one year jail time (potential 30 days community service in lieu of jail time), $400 to $3,000 fine, 24 month suspended license
  • 3rd offense (within five years): Minimum 90-day jail time to a maximum of one year (court may order a minimum of 90 days community service in lieu of jail time), $900 to $5,000 fine, 30-month suspended license
  • 4th offense (within five years): Felony; minimum of one year of incarceration to a maximum of six years (possible minimum of one year of community service in lieu of jail time), $900 to $5,000 fine, four-year suspended license, state may order defendant’s vehicle be seized
  • 5th or subsequent offenses: Felony; minimum of two years to maximum of 10 years imprisonment (possible community service in lieu of jail time), $900 to $5,000 fine

For more information, please refer to Arkansas Code Ann. 5-65-202.

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California

California law carries implied consent of an individual to submit to a chemical test of blood or urine, and makes no exceptions for lawful medical cannabis patients. Failure to submit to a chemical test will result in a fine, mandatory imprisonment in the event of a DUI conviction, and a one-year suspended license. Drivers may choose between a blood or urine test, but do not have the right to consult an attorney before submitting to the test. A refusal to submit to a test is admissible as evidence of guilt in a court of law.

Test:

  • Horizontal Gaze Nystagmus Test: An officer will move an object, usually their finger, from side to side in front of the driver’s face to detect an involuntary jerking of the eye if intoxicated.
  • Walk and Turn Test: A suspected offender will be instructed to walk a straight line while the officer watches for loss of balance, inability to stay on the line, or breaks in walking beginning before instructed.
  • One Leg Stand Test: Officer will instruct driver to raise one leg, hold still and count. Officer will watch for swaying, hopping, or putting one’s foot down.
  • Blood, Breath or Urine Test: There is no breath test for cannabis, and blood and urine tests are generally considered inaccurate, but a driver may be required to submit to these tests, anyway.
  • Saliva Swab Test: This test is now being employed at various checkpoints, takes eight minutes to administer, and can detect trace amounts of THC.

Penalties:

  • 1st offense: 96 hours to six months in jail, $390 to $1,000 fine, four-month suspended license, offender must complete a DUI program at the person’s cost, $125 license reissue fee, installation of IID
  • 2nd offense (within 10 years): 90 days to one year in jail, $390 to $1,000 fine, two-year suspended license, offender must complete a DUIU program
  • 3rd offense (within 10 years): 120 days to one year in jail, $390 to $1,000 fine, three-year suspended license, IID required offender must complete a DUI program
  • 4th and subsequent offenses (within 10 years): Imprisonment for 180 days to one year, $390 to $1,000 fine, four-year suspended license, IID required, offender must complete a DUI program

For more information, please refer to California Vehicle Code Division 11.5, Article 2.

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Colorado*

In Colorado, the law states that a driver is under the influence of cannabis if THC is identified in the driver’s blood in quantities of five nanograms per milliliter or higher. There is no affirmative legal defense for those who are using cannabis legally or medicinally.

As a driver in Colorado, there is implied consent to a breath, blood, or chemical test. A driver has no right to consult an attorney before submitting to a test, and refusing to submit to a test is admissible as evidence in a court of law. If a driver refuses to submit to a test, the department shall revoke the license for one year for the first refusal, two years for a second refusal, and three years for a third or subsequent refusal.

Test:

  • Advanced Roadside Impaired Driving Enforcement: Colorado officers are trained to detect impairment from cannabis and other drugs
  • Chemical test: Blood, breath or urine

Penalties:

  • 1st offense (DUI): Imprisonment for a mandatory minimum of five days to no more than one year, $600 to $1,000 fine, 48 hours to 96 hours of useful public service, and the court may impose a probation period of up to two years
  • 1st offense (DWAI—Driving While Ability Impaired): Imprisonment for a mandatory minimum of two days to no more than 180 days, $200 to $500 fine, 24 to 48 hours of useful public service, and the court may impose a probation period of up to two years
  • 2nd offense: Imprisonment for a mandatory minimum of 10 days in county jail to no more than one year, $600 to $1,500 fine, 24 hours to 120 hours of useful public service, a probationary period of at least two years
  • 3rd and subsequent offenses: Imprisonment in county jail for a mandatory minimum of 60 consecutive days up to one year, mandatory participation in a court-ordered alcohol and drug driving safety education or treatment program, $600 to a $1,500 fine, 48 hours to 120 hours of useful public service, a probationary period of at least two years

For more information, please refer to Colorado Rev. Stat. 42-4-1307.

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Connecticut

Connecticut law implies consent from drivers to submit to a chemical analysis test of blood, breath, or urine. The officer shall provide the driver with an opportunity to call their attorney before submitting to the test, although if the driver refuses to submit to the test, the license will be immediately revoked and evidence of a refusal shall be admissible as evidence in a court of law. The driver may request a hearing to appeal the decision to revoke their license.

Test:

  • Field sobriety test: At the officer’s discretion, they may conduct a field sobriety test before arresting and asking the driver to submit to a chemical test
  • Breath: This is the secondary protocol for Connecticut officers, taken to determine a driver’s blood alcohol content
  • Urine: If the officer suspects the driver of being under the influence of cannabis, they may conduct a second chemical test (usually urine) at least 10 minutes after the first test. Any amount of THC, even traces, may be used as evidence to convict a driver.

Penalties:

  • 1st offense: Imprisonment for up to six months, $500 to $1,000 fine, 48 consecutive hours mandatory minimum sentence or 100 hours of community service, one-year suspended license
  • 2nd offense (within 10 years): Up to two years imprisonment (120 days mandatory minimum), $1,000 to $4,000 fine, 100 hours of community service, three-year suspended license
  • 3rd and subsequent offenses (within 10 years): Three years’ imprisonment (one year mandatory minimum), $2,000 to $8,000 fine, 100 hours of community service, and a permanently suspended driver’s license

For more information, please refer to Connecticut Law About Driving Under the Influence.

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Delaware

In Delaware, a person is guilty of a DUI if they operate a vehicle under the influence of any drug, or has any amount of illicit or recreational drug in their system within four hours of operating a vehicle. Qualified medical cannabis patients cannot use this as an affirmative legal defense, and any cannabis metabolite in a person’s body can be used to convict them of a DUI. Anyone who is driving in Delaware has implied consent to a chemical test, and a refusal to submit to such a test shall revoke the driver’s license for at least one year. The officer may proceed with conducting the test even without the consent of the person.

Test: Chemical test (blood, breath, or urine)

Penalties:

  • 1st offense: Imprisonment for no more than 12 months, $500 to $1,500 fine, 12-month license suspension. Judge may suspend any period of imprisonment.
  • 2nd offense (within 10 years): Imprisonment for 60 days to no more than 18 months, $750 to $2,500 fine, 24-month license suspension. Court may suspend minimum sentence with the completion of Court of Common Pleas Driving Under the Influence Treatment Program, including a minimum of 30 days of community service.
  • 3rd offense: Class G felony; imprisonment no less than one year and no more than two years, $5,000 fine, court may suspend up to nine months of minimum sentence with the completion of both a drug and alcohol abstinence program and a drug and alcohol treatment program.
  • 4th offense: Class E felony; imprisonment for no less than two years and no more than seven years, fine of no more than $7,000. Court may suspend up to 18 months of minimum sentence with the completion of both a drug and alcohol abstinence program and a drug and alcohol treatment program.
  • 5th offense: Class E felony; imprisonment of no less than three years and no more than five years, $10,000 fine.
  • 6th offense: Class D felony; imprisonment of no less than four years and no more than eight years, $10,000 fine.
  • 7th offense: Class C felony; imprisonment for no less than five years and no more than 15 years, $15,000 fine.

For more information, please refer to Delaware Code Title 21, Chapter 41, Subchapter IX.

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District of Columbia*

By driving in DC, there is implied consent to a chemical test. If a driver refuses to submit to a test, they shall be informed that their license will be revoked for 12 months. Evidence of a refusal to submit to a test shall be admissible as evidence of guilt in a court of law.

Tests:

  • Standardized Field Sobriety Tests (SFSTs) by trained Drug Recognition Experts (DREs)
  • Breath test instrument
  • Urine test
  • Blood test (must be administered by a medical professional at the request of law enforcement)

Penalties:

  • 1st offense: Incarceration for no more than 180 days, $1,000 fine, or both, six-month suspended driver’s license.
  • 2nd offense: 10-day minimum incarceration up to one year, $2,500 to $5,000 fine, or both, and one-year suspended driver’s license.
  • 3rd offense: 12-day minimum incarceration up to one year, $2,500 to $10,000 fine, or both, and two-year suspended driver’s license.
  • 4th and subsequent offenses: 45-day minimum incarceration (plus an additional 30 days for each subsequent offense) up to one year, $2,500 to $10,000 fine, or both.

For more information, please visit the DC Metropolitan Police Department and General Order 502-02.

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Florida

By driving in Florida, one has implied consent to a blood and/or urine test. A refusal to submit to this test is a misdemeanor and can be punished by a one-year suspended license and one year in jail; a subsequent refusal can revoke one’s license for 18 months. The results of the test may be admissible as evidence in a court law, except in the prosecution of the possession of a controlled substance.

Test: Breath, blood, or urine

Penalties:

  • 1st offense: No more than six months in jail, $500 to $1,000 fine, 180-day suspended license up to one year, mandatory 50 hours of community service, up to one year of probation, 10 days of vehicle impoundment, must complete DUI school.
  • 2nd offense: No more than nine months in jail, $1,000 to $2,000 fine, 180-day suspended license up to one year, mandatory IID for one year.
  • 2nd conviction (within five years): Mandatory 10 days in prison, 30 days of vehicle impoundment, five-year suspended license, must complete DUI school and remain in DUI supervision program for suspension period, must not consume alcohol for one year prior to reinstatement, mandatory IID for one year.
  • 3rd offense (within 10 years): 3rd degree felony; mandatory imprisonment of 30 days up to five years, $2,000 to $5,000 fine, 10-year suspended license.
  • 4th and subsequent offense: 3rd degree felony; imprisonment for up to five years, no less than $5,000 in fines, mandatory permanent license suspension.

For more information, please refer to Florida DUI and Administrative Suspension Laws.

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Georgia

Any amount of marijuana present in a driver’s blood or urine, including metabolites and derivatives, shall be considered a violation of Georgia Code, whether or not alcohol is present in the person’s breath or blood. Drivers in Georgia have implied consent to chemical tests, and a refusal to submit to a test shall result in a license suspension for a minimum of one year, upon which the driver may request a hearing within 10 business days of the incident.

Test: Breath, blood, urine, or other bodily substances

Penalties:

  • 1st offense: Misdemeanor, imprisonment for 10 days up to one year, $300 to $1,000 fine, 40 hours of community service, completion of a DUI alcohol or drug use risk reduction program, a clinical evaluation with possible recommendation of a substance abuse treatment program, one year of probation minus the period of incarceration.
  • 2nd offense (within 10 years): Imprisonment for 90 days up to one year, $600 to $1,000 fine, 30 days of community service, completion of a DUI alcohol or drug use risk reduction program, a clinical evaluation with possible recommendation of a substance abuse treatment program, one year of probation minus the period of incarceration.
  • 3rd offense (within 10 years): Mandatory imprisonment for no less than 120 days and not more than one year, $1,000 to $5,000 fine, 30 days of community service, completion of DUI alcohol or drug use risk reduction program, a clinical evaluation with possible recommendation of a substance abuse treatment, one year of probation minus the period of incarceration.
  • 4th and subsequent offenses (within 10 years): Imprisonment for one to five years, $1,000 to $5,000 fine, no fewer than 60 days of community service, completion of a DUI alcohol or drug use risk reduction program, a clinical evaluation with possible recommendation of a substance abuse treatment program, five years of probation minus the period of incarceration.

For more information, please refer to the Georgia Governor’s Office of Highway Safety DUI Laws.

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Hawaii

Driving in Hawaii implies that the driver consents to submitting to a test or tests approved by the director of health of the person’s breath, blood, or urine. Hawaii Department of Transportation has recently begun training officers with Advanced Roadside Impaired Driving Enforcement to recognize the signs of cannabis intoxication and may issue an Operating a Vehicle Under the Influence of an Intoxicant (OVUII).

Test:

  • Field sobriety tests by Drug Recognition Expert (DREs)
  • Chemical tests: Breath, blood, urine

Penalties:

  • 1st offense: 48 hours to 5 days in jail, $150 to $1,000 fine plus $50 in surcharges if the court so orders, one-year suspended license with installation of IID, 72 hours of community service, a 14-hour minimum substance abuse rehabilitation program or other comparable program
  • 2nd offense (within five years): Five days to 30 days in jail, $500 to $1,000 fine plus $75 surcharge if the court so orders, 18 months up to two-year suspended license with installation of IID, 240 hours of community service
  • 3rd offense (within 5 years): 10 days to 30 days in jail, $500 to $2,500 fine plus $75 surcharge if the court so orders, two-year suspended license with installation of IID

For more information, please refer to Section 291E-61, Operating a vehicle under the influence of an intoxicant.

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Idaho

Drivers in Idaho have implied consent to evidentiary testing for the presence of drugs or other intoxicating substances. If a driver refuses to submit to a test after being warned of the consequences, they shall be fined $250 and their license shall be suspended for one year for the first refusal and two years for the second refusal.

Test: Breath, blood, urine

Penalties:

  • 1st offense: Up to six months in jail, up to $1,000 fine, driver’s license suspension for at least 90 days up to 150 days
  • 2nd offense (within 10 years): Misdemeanor, mandatory minimum of 10 days in jail, up to $2,000 fine, driver’s license suspension for two years, may apply for driving privileges after one year with installation of IID
  • 3rd offense (within 10 years): Felony, mandatory minimum of 30 days up to 10 years in jail, up to $5,000 fine, driver’s license suspension for mandatory one year up to four years, may apply for driving privileges after one year with installation of IID

For more information, please refer to Idaho Statutes, Title 18, Chapter 80, Section 19-8005.

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Illinois*

Illinois’ cannabis decriminalization measure specifies that the legal limit for tetrahydrocannabinol is five nanograms or more per milliliter of blood, or 10 nanograms or more per milliliter of other bodily substance. Any amount below 5ng per mL of blood does not constitute a violation of the law.

Test:

  • Chemical analyses of breath, blood, urine, or other bodily substances. All tests must be administered by a qualified medical professional.
  • Field sobriety tests

Penalties:

  • 1st offense: Imprisonment for up to one year, up to $2,500 fine, minimum of one-year suspended license
  • 2nd offense (within 20 years): Mandatory minimum of five days up to one year imprisonment, 240 hours of community service, up to $2,500 fine, minimum five-year suspended license
  • 3rd offense: Class 2 felony, mandatory 18-30 months in jail, up to seven years’ imprisonment, up to $25,000 fine, minimum 10-year suspended license

For more information, please refer to Illinois State Police DUI Information and Senate Bill 2228.

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Indiana

Drivers in Indiana have implied consent to a chemical test, and a refusal to submit to such a test will cause the officer to suspend the driver’s license for one year. A person may be considered guilty if a controlled substance or its metabolites are present in the person’s body.

Test: Chemical test (breath, blood, urine) must be performed within three hours of suspected violation

Penalties:

  • 1st offense: Mandatory minimum of five days up to 60 days in jail, or 180 hours of community service, up to $500 fine, minimum 90 days up to two years’ suspended license, and completion of an alcohol and drug treatment program
  • 2nd offense: Level 6 felony, mandatory minimum of five days in jail or 360 hours of community service to three years in jail, one year minimum up to two years of license suspension, must complete an alcohol and drug treatment program, including an alcohol deterrent program if alcohol was involved
  • 3rd offense (within three years): Level 6 felony, mandatory minimum of 10 days in jail, six months to two years’ imprisonment, or a term of imprisonment deemed appropriate by the court, two years to five years suspended license, up to $10,000 fine

For more information, please refer to Indiana Code 35-50-2, Indiana Code 34-28-5, and Indiana Code 9-30-5.

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Iowa

Drivers in Iowa have implied consent to withdrawal of blood, breath, or urine for a chemical test. A driver may assert their right to speak to an attorney before submitting to the test. A refusal to submit to this test means their license shall be revoked for a minimum period of 90 days.

Test: Breath, blood, urine

Penalties:

  • 1st offense: Minimum 48 hours up to one year in jail, $1,250 fine, or both; judge may waive up to $625 of fine in lieu of community service, 180 days suspended license, must complete a substance abuse evaluation and treatment program
  • 2nd offense (within 12 years): Minimum seven days up to two years in jail, $1,875 to $6,250 fine, one-year suspended license, IID required for one year from license restoration, must complete a substance abuse evaluation and treatment program
  • 3rd and subsequent offenses: Class D felony, minimum of 30 days up to five years in jail, $3,125 to $9,375 fine, one-year suspended license, IID required for one year from license restoration, must complete a substance abuse and treatment program

For information, please refer to Iowa’s OWI Law and Iowa Department of Transportation Suspensions/Revocations.

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Kansas

Drivers in Kansas have implied consent to one or more tests to determine the presence of alcohol or drugs. A person is deemed guilty of a DUI if they are under the influence of any combination of drugs and/or alcohol, or if they are a habitual user of narcotics. If they refuse to submit to a chemical test, none shall be given, but their driving privileges will be revoked for one year at first refusal, two years for second refusal, three years for third refusal, 10 years for the fourth refusal, and permanently revoked for the fifth refusal.

Test: Breath, blood, urine

Penalties:

  • 1st offense: 48 hours’ mandatory imprisonment or 100 hours community service, $500 to $1,000 fine, 30-day suspended license plus 330 restricted driving privileges, must complete a court-ordered alcohol and drug safety action education program, vehicle may be impounded for up to one year
  • 2nd offense: 90 days to one year imprisonment, $1,000 to $1,500 fine, one-year suspended license plus one year driving with IID installed, must complete court-ordered treatment program for alcohol and drug abuse, vehicle may be impounded for up to one year
  • 3rd offense: Felony offense, 90 days to one year imprisonment, $1,500 to $2,500 fine, one-year suspended license plus one year driving with IID installed, must complete court-ordered treatment program for drug and alcohol abuse, vehicle may be impounded for up to one year
  • 4th offense: Felony offense, 90 days to one year imprisonment, $2,500 fine, one-year suspended license, court may also suspend license plate or temporary registration for one year plus one year driving with IID installed, must complete court-ordered treatment program for alcohol and drug abuse, one year post-release supervision under Secretary of Kansas Department of Corrections, vehicle may be impounded for up to one year
  • 5th and subsequent offenses: Felony offense, 90 days to one year imprisonment, $2,500 fine, permanently suspended license, one year post-release supervision under Secretary of Kansas Department of Corrections

For more information, please refer to Kansas DUI Laws.

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Kentucky

Drivers in Kentucky have implied consent to one or more tests of blood, breath, urine, or a combination thereof. Refusal to submit to a test will result in drivers’ license revocation. If convicted, the mandatory minimum will be twice as long, and such a refusal may be admissible as evidence of violating DUI statute in a court of law.

Test: Blood, breath, urine, or combination

Penalties:

  • 1st offense: Mandatory 48 hours up to 30 days in jail, $200 to $500 fine, or both. Judge may recommend community labor in lieu of jail time or a fine.
  • 2nd offense (within five years): Mandatory seven days up to six months in jail, $350 to $500 fine, mandatory 10 days up to six months of community labor
  • 3rd offense: Mandatory 30 days up to 12 months in jail, $500 to $1,000 fine, mandatory 10 days up to 12 months of community labor
  • 4th and subsequent offenses (within 5 years): Class D felony, mandatory 240 days’ imprisonment

For more information, please refer to Kentucky Rev. Stat. 189A.010.

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Louisiana

Drivers in Louisiana have implied consent to a chemical test of their breath, blood, urine, or other bodily substances to determine alcohol levels or presence of controlled substances. A driver may, at their own expense, have a qualified person of their own choosing administer additional chemical tests.

Test: Breath, blood, urine

Penalties:

  • 1st offense: Mandatory 10 days up to six months in jail, $300 to $1,000 fine, all but 48 hours’ jail time may be suspended in lieu of 32 hours of community service, must participate in a court-ordered substance abuse program, must participate in a driver improvement program, must install IID for probationary period
  • 2nd offense: 30 days up to six months in jail with 48 hours served without benefit of parole, probation, or suspension of sentence, or 240 hours of community service, $750 fine, must participate in a court-ordered substance abuse program, must participate in a driver improvement program, must install IID for probationary period
  • 3rd offense: Mandatory minimum of one year up to five years in jail, which may be suspended if the offender is accepted into a drug division probation program, vehicle may be seized, impounded and sold at auction, supervised probation for five years, must participate in driver improvement program, and either participate in a treatment plan for at least four weeks’ inpatient, followed by 12 months’ outpatient, or participate in a substance abuse treatment program
  • 4th and subsequent offenses: Mandatory minimum of two years up to 30 years in jail, $5,000 fine, vehicle may be seized, impounded, and sold at auction, supervised probation for five years, 320 hours of community service, must obtain employment, must participate in driver improvement program, and either participate in a treatment plan for at least four weeks’ inpatient, followed by 12 months’ outpatient, or participate in a substance abuse treatment program

For more information, please refer to Louisiana Rev. Stat. 14:98.

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Maine

Drivers in Maine have implied consent to a chemical test (blood, breath, or urine). Law enforcement are required to inform the driver of the consequences of refusing to submit to a test, and in the event of a refusal, one’s license will be suspended for 275 days up to six years. Refusal of a test may also be considered an aggravating factor at sentencing.

Test: Breath, blood, urine

Penalties:

  • 1st offense: 48 hours in jail, $500 fine, 150 day suspended driver’s license. If the driver refused to submit to a test, they must spend 96 hours in jail, pay a $600 fine, and submit to 275-day suspended driver’s license.
  • 2nd offense (within 10 years): Seven days up to 12 days in jail, $700 up to $900 fine, court-ordered driver’s license suspension, and suspension of the right to register a motor vehicle
  • 3rd offense (within 10 years): 30 days up to 40 days in jail, $1,100 to $1,400 fine, court-ordered driver’s license suspension for six years, and suspension of the right to register a motor vehicle
  • 4th offense (within 10 years): Six months to six months and 20 days in jail, $2,100 to $2,500 fine, court-ordered driver’s license suspension of eight years and suspension of the right to register a motor vehicle

For more information, please refer to Maine Rev. Stat. Title 29-A, Chapter 23 § 2411.

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Maryland

Maryland courts have ruled that the medical cannabis laws do not legally entitle a person to use cannabis; however, medical necessity may be considered to mitigate penalties, but the Compassionate Use Act is only explicitly applicable in regards to possession and use, and likely would not be a mitigating factor in a DUI case. As a driver in Maryland, there is implied consent to submit to a DUI test. Any amount of THC in the driver’s system will establish that the driver was under the influence.

Test: Urine, blood

Penalties:

  • 1st offense: Up to one year in jail, up to a $1,000 fine, or both, 45-day suspended license, and participation in a drug and alcohol education or treatment program.
  • 2nd offense (within five years): Up to two years in jail, up to a $2,000 fine, or both, 90-day suspended license, participation in a drug and alcohol education or treatment program.
  • 3rd offense (within five years): Up to three years in jail, up to a $3,000 fine, 18-month license suspension, and participation in a drug and alcohol education or treatment program.

For more information, please refer to Maryland Code. Ann. Transportation § 21–902 (k)(1).

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Massachusetts

A person suspected of DUI in Massachusetts has implied consent to provide a sample of breath, blood, or urine to be tested for alcohol. However, the implied consent law does not require that an individual suspected of driving under the influence of marijuana submit to a chemical test for the presence of drugs. Submission to a chemical test should be voluntary, and there should be no penalties for refusing to submit to a chemical test.

Test: Breath, blood, urine

Penalties:

  • 1st offense: Two and a half years’ imprisonment, $500 to $1,000 fine, or both, up to 30 months of house arrest, one-year suspended license. An alternative sentence of drug and alcohol education or treatment program, and 45 days up to 90 days suspended license may be recommended by the judge.
  • 2nd offense: Mandatory minimum of 30 days in jail up to 30 months, $600 to $10,000 fine, license suspension for two years. An alternative sentence of an inpatient drug and alcohol treatment program, probation, and up to two years license suspension may be recommended by the judge.
  • 3rd offense: Mandatory minimum of 150 days up to five years in prison, $1,000 to $15,000 fine, and up to eight years’ license suspension.
  • 4th offense: Mandatory minimum of one year up to five years in prison, $1,500 to $25,000 fine, and up to 10 years’ license suspension.
  • 5th and subsequent offenses: Mandatory minimum of 24 months up to five years in prison, $2,000 to $50,000 fine, and license suspension for life.

For more information, please refer to Mass. Gen. Laws, Part I, Title XIV, Chapter 90, Section 24.

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Michigan*

The Michigan Supreme Court has found that inert metabolites of cannabis are not considered Schedule I controlled substances. The Michigan Supreme Court also separately determined that the protections of the state’s medical marijuana law trump the state’s zero tolerance DUI law, and the state must show evidence of impairment to gain a DUI conviction.

Test: Breath, blood, urine

Penalties:

  • 1st offense: Imprisonment for up to 93 days, $100 to $500 fine, and/or 360 hours of community service.
  • 2nd offense (within seven years): Imprisonment for five days up to one year, $200 to $1,000 fine, and/or 30 to 90 days of community service.
  • 3rd and subsequent offenses (within seven years): Felony charge, imprisonment for one year up to five years, $500 to $5,000, probation for 30 days up to one year, and/or community service for 60 days up to 180 days. Court may order vehicle forfeited.

For more information, please refer to Michigan Veh. Code, Act 300 of 1949, Section 257.625 and People v. Koon, 2013.

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Minnesota

Minnesota has a zero tolerance DUI for those who test positive for the presence of alcohol or any amount of a controlled substance or its metabolites other than marijuana or tetrahydrocannabinols. It is implied that any driver in Minnesota is subject to a chemical test of blood, breath, or urine, and it is a crime to refuse to submit to a chemical test. Refusal to submit to a test may result in a mandatory minimum license suspension of 180 days.

Test: Breath, blood, urine

Penalties:

  • 1st offense: Up to 90 days in jail, $1,000 fine, up to 180 days of driver’s license suspension, or any combination thereof.
  • 2nd offense (within 10 years): Minimum of 30 days’ incarceration or eight hours of community service for each day less than 30, up to one year of driver’s license suspension.
  • 3rd offense (within 10 years): Mandatory minimum of 90 days in jail, must participate in a program of intensive supervision, which may be served on home detention as ordered by the court; up to two years’ driver’s license suspension.
  • 4th offense: Mandatory minimum of 180 days in jail, 150 days of which may be served in a program of intensive supervision for repeat DWI offenders, and indefinite driver’s license suspension.
  • 5th and subsequent offenses (within 10 years): Mandatory minimum of one year incarceration, at least 60 days of which must be served in a local correctional facility; court may order the remainder be served in an intensive supervision program, on home detention, or using an electronic monitoring system.

For more information, please refer to Minn. Rev. Stat. Chapter 169A.275

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Mississippi

It is unlawful for any person to drive a vehicle under the influence of intoxicating liquor or any other substance which has impaired such person’s ability to operate said motor vehicle.

Test: Breath, blood, urine

Penalties:

  • 1st offense: Imprisoned for 48 hours, $250 to $1,000 fine, or both. Court shall order person to attend an alcohol safety education program, and may substitute a victim impact panel in lieu of jail time, plus driver’s license suspension for 90 days and until completion of an alcohol safety education program.
  • 2nd offense (within five years): Five days up to one year in jail, $600 to $1,500 fine, 10 days to one year of community service, suspension of driver’s license to two years, vehicle may be forfeited.
  • 3rd and subsequent offenses (within five years): Felony, one year to five years in jail, $2,000 to $5,000 fine, vehicle shall be seized by the state, person must undergo a diagnostic assessment and may be required to complete treatment of alcohol and/or drug abuse program, driver’s license shall be suspended for five years.

For more information, please refer to Miss. Code Ann. § 63-11-30.

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Missouri

A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition. Any person driving in the state of Missouri is presumed to have consented to a chemical test of their breath, blood, saliva, or urine. If driver requests an attorney, they shall be granted 20 minutes to attempt to contact an attorney. If the accused refuses to submit to a test, the refusal shall be admissible as evidence in court of law and shall result in driver’s license suspension for one year.

Test: Breath, blood, saliva, urine

Penalties:

  • 1st offense: Class B misdemeanor, up to six months in jail, must participate in and complete a substance abuse traffic offender program, mandatory 30 days’ driver’s license suspension.
  • 2nd offense (within five years): Class A misdemeanor, mandatory minimum of five days up to one year in jail, $1,000 fine, 30 days of community service, mandatory driver’s license suspension for two years.
  • 3rd offense (within five years): Class D felony, mandatory minimum of five days up to four years in jail, 60 days of community service, up to $5,000 fine, driver’s license suspension for three years.
  • 4th offense (within five years): Class C felony, mandatory minimum of 60 days up to seven years in jail, up to $5,000 fine, driver’s license revocation for three years.
  • 5th offense (within five years): Class B felony, five years up to 15 years in jail, driver’s license revocation for three years.

For more information, please refer to Mo. Rev. Stat. Chapter 577.012.1.

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Montana*

It is unlawful to operate a vehicle with excessive marijuana concentration, defined as blood levels of five nanograms per milliliter of THC or more. However, with sufficient evidence of impairment, a person can be convicted of DUI with less than 5ng/mL of THC.

Test: Breath, blood, urine

Penalties (excessive BAC or marijuana):

  • 1st offense: Up to six months in jail, $600 to $1,000 fine, six months’ driver’s license suspension, individuals convicted of driving under the influence of marijuana will have their MMJ registry identification card suspended or revoked, judge may order an IID installed in the vehicle.
  • 2nd offense (within 10 years): Five days up to one year in jail, $1,200 to $2,000 fine, one-year suspended driver’s license, individuals convicted of driving under the influence of marijuana will have their MMJ registry identification card suspended or revoked, must be restricted to IID for at least 45 days, and registered in a 24/7 sobriety program.
  • 3rd and subsequent offenses (within 10 years): 30 days up to one year in jail, $2,500 to $5,000 fine, one-year suspended driver’s license, individuals convicted of driving under the influence of marijuana will have their MMJ registry identification card suspended or revoked, must be restricted to IID for at least 45 days, and registered in a 24/7 sobriety program.

For more information, please refer to the Montana Penalties for Driving Under the Influence.

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Nebraska

It is unlawful for any person to operate or be in physical control of any motor vehicle while under the influence of alcoholic liquor or any drug. Any driver in the state of Nebraska is deemed to have consented to a chemical test of their blood, breath, or urine. A refusal to submit to a chemical test shall result in six months’ driver’s license suspension, imprisonment for seven to 60 days, and a fine, and shall be immediately placed under arrest. A refusal to submit shall be admissible as evidence in a court of law.

Test: Blood, breath, urine

Penalties:

  • 1st offense: Class W misdemeanor, mandatory minimum of seven days up to 60 days in jail, $400 to $500 fine, possible license revocation or vehicle impoundment for six months, after which the offender may apply for an IID to be installed on their vehicle for a $500 fine; plus either two days in jail or 120 hours of community service.
  • 2nd offense: Class W misdemeanor, mandatory minimum of 30 days up to six months in jail, $500 fine, driver’s license suspension for 18 months, after which the offender may apply for an IID to be installed on their vehicle for a $500 fine; plus either 10 days in jail or 240 hours of community service.
  • 3rd offense: Class W misdemeanor, mandatory minimum of 90 days up to one year in jail, $600 fine, driver’s license suspension for two years to 15 years, the offender may apply for an IID to be installed on their vehicle, and a period of probation which requires 30 days in jail and a $1,000 fine.
  • 4th offense: Class IIIA felony, 180 days up to five years in jail, license revocation for 15 years, the person may apply for an IID to be installed on their vehicle, and a period of probation which a $2,000 fine, 90 days in the county jail, and alcohol monitoring/abstention from alcohol for no less than 90 days.
  • 5th offense: Class IIA felony, mandatory minimum of two years in jail, driver’s license revocation for 15 years, the offender may apply for an IID to be installed on their vehicle, and a period of probation which requires a $2,000 fine, 180 days in jail, and alcohol monitoring/abstention from alcohol for 180 days.

For more information, please refer to Neb. Rev. Stat. 60-6, 197.03.

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Nevada*

It is unlawful for any person to drive with an amount of a prohibited substance or metabolite in their blood or urine. The fact that a driver may be entitled to use cannabis in the state of Nevada is not a defense for a DUI. Any driver in Nevada has implied consent to submit to a chemical test, and a refusal to submit to this test deems that refusal admissible in any criminal or administrative investigation as evidence.

Test: Blood, urine

Prohibited Substance Urine Blood
(g) Marijuana 10 ng/mL 2 ng/mL
(h) Marijuana metabolite 15 ng/mL 5 ng/mL

Penalties:

  • 1st offense (within seven years): Between two days and up to six months in jail, $400 to $1,000 fine, 48 to 96 hours of community service; must pay for and participate in an education course on the abuse of alcohol and controlled substances within the time specified.
  • 2nd offense (within seven years): Between 10 days and up to six months in jail or between 10 days and up to six months on house arrest, $750 to $1,000 fine or the equivalent number of community service hours; court may order participation in a program for the treatment of alcohol and drugs.
  • 3rd and subsequent offenses (within seven years): Category B felony; between one year and up to six years in prison, during which they shall be segregated from violent offenders in a minimum-security facility; $2,000 to $5,000 fine.

For more information, please refer to Nev. Rev. Stat. Chapter 484C.

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New Hampshire

Any driver in the state of New Hampshire is deemed to have implied consent to submit to a physical test and examination for the purpose of determining whether such person is under the influence of liquor or intoxicating drugs. A refusal to submit to such tests shall result in driver’s license suspension for 180 days (or two years with a prior DUI offense), and is admissible as evidence in a court of law. The person under arrest has the right to request additional tests by a person of their own choosing at their own expense.

Test: Blood, urine, or breath

Penalties:

  • 1st offense: Class B misdemeanor; required to submit to an alcohol and drug screening within 14 days of conviction, required to complete a department of health and human services-approved impaired driver education program prior to restoration of driving privileges, $500 fine, driver’s license will be revoked for nine months up to two years, may require installation of IID, and may require offender to submit to random urinalysis.
  • 2nd offense (within two years): Class A misdemeanor; mandatory 60 days in county correctional facility, $750 fine, must schedule substance use disorder evaluation within 30 days and complete a substance use disorder evaluation within 60 days of release, driver’s license shall be suspended for three years.
  • 2nd offense (within 10 years): Class A misdemeanor; 17 days in county correctional facility, $750 fine, must schedule substance use disorder evaluation within 30 days and complete a substance use disorder evaluation within 60 days of release, driver’s license shall be suspended for three years.
  • 3rd offense (within 10 years): Class A misdemeanor; mandatory 180 days in county correctional facility, $750 fine, must schedule substance use disorder evaluation within 30 days and complete a substance use disorder evaluation within 60 days of release, driver’s license shall be revoked indefinitely and shall not be restored for at least five years.
  • 4th and subsequent offenses: Felony; mandatory 180 days in county correctional facility, $750 fine, must schedule substance use disorder evaluation within 30 days and complete a substance use disorder evaluation within 60 days of release, driver’s license shall be revoked indefinitely and shall not be restored for at least seven years.

For more information, please refer to NH Title XXI, Chapter 265-A.

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New Jersey

It is unlawful to operate a motor vehicle while under the influence of intoxicating liquor, narcotic, or habit-producing drug or while operator has a blood alcohol content of 0.08% or more. The state may convict based solely on observation evidence of the motorist.

Tests: Field sobriety tests, drug recognition evaluations (DREs), blood, urine, breath

Penalties:

  • 1st offense per se 0.08% – 0.10% BAC: Detainment for 12 to 48 hours at Intoxication Driver Resource Center (IDRC) for screening and evaluation, incarceration for 30 days, $250 to $400 fine, suspension of driver’s license for three months, may order participation in a supervised visitation program as a condition of probation or community service, may order IID installed.
  • 1st offense per se 0.10% BAC or drugs at any intoxicating level: Detainment at IDRC for 12 to 48 hours for screening and evaluation, incarceration for 30 days, $300 to $500, suspension of driver’s license for seven months up to one year, may order participation in a supervised visitation program as a condition of probation or community service, may order IID installed.
  • 2nd offense (within 10 years): Satisfy screening and evaluation requirements of IDRC, incarceration for 48 to 90 days, $500 to $1,000 fine, 30 days of community service, driver’s license suspension for two years, may order participation in a supervised visitation program as a condition of probation or community service, installation of IID on vehicle for one to three years, or court shall revoke registration of vehicle for two years.
  • 3rd and subsequent offenses (within 10 years): Satisfy screening and evaluation requirements of IDRC, incarceration for 180 days less any days spent in an inpatient facility approved by IDRC, $1,000 fine, suspension of driver’s license for 10 years, installation of IID on vehicle for one to three years after suspension or court shall revoke registration of vehicle for 10 years.

For more information, please refer to New Jersey Stat. Ann. 39:4-50(a).

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New Mexico

It is unlawful for any person to drive a vehicle while under the influence of any drug to a degree that renders the person incapable of safely driving a vehicle. Any person driving in New Mexico has implied consent to submit to a chemical test, and a refusal to submit to a chemical test is admissible in a court of law. Refusal by a motorist to take a breath alcohol test may be used to show consciousness of guilt.

Test: Breath, blood, urine

Penalties:

  • 1st offense: Between 48 hours and up to 90 days in jail, $500 fine, driver’s license suspension for six months up to one year, IID required for one year, 24 hours of community service, probation for up to one year, alcohol screening ($100-$200), possible forfeiture of vehicle.
  • 2nd offense: Mandatory 96 hours to 364 days in jail, $500 to $1,000 fine, driver’s license revocation for one year up to two years, IID required for two years, 48 hours of community service, probation for up to five3rd  years, vehicle must be forfeited.
  • 3rd offense: Mandatory minimum of 30 days up to 364 days in jail, $750 up to $1,000 fine, driver’s license revocation for one year up to three years, IID required for three years, 96 hours of community service, vehicle must be forfeited.
  • 4th offense: Mandatory minimum of six months up to 18 months in jail, $5,000 fine, driver’s license revocation for one year, IID required for the remainder of the offender’s life, must forfeit vehicle.
  • 5th offense: Mandatory minimum of one year up to two years in jail, $5,000 fine, driver’s license revocation for one year, IID required for the remainder of the offender’s life, must forfeit vehicle.
  • 6th offense: Mandatory minimum of 18 months up to 30 months in jail, $5,000 fine, driver’s license revocation for one year, IID required for remainder of offender’s life, must forfeit vehicle.
  • 7th offense: Mandatory minimum of two years up to three years in jail, $5,000 fine, driver’s license revocation for one year, IID required for the remainder of the offender’s life, must forfeit vehicle.

For more information, please refer to New Mexico Stat. Ann. 66-8-192.

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New York

No person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug. Any person driving in New York is deemed to have consented to submit to a chemical test of breath, blood, urine, or saliva to test for the presence of drugs or alcohol. Refusal to a submit to a chemical test is admissible in any trial and shall result in a one-year driver’s license revocation. Any amount of drugs will be considered an aggravated DWI.

Test: breath, blood, urine, saliva

Penalties (aggravated DWI):

  • 1st offense: Up to one year in jail, $500 to $1,000 fine, or both; driver’s license shall be revoked for six months.
  • 2nd offense (within 10 years): Class E felony; between five and up to 30 days in jail, with possible community service in lieu of jail time, $1,000 to $5,000 fine, or both; may be required to participate in a DUI program, driver’s license revocation for one year.
  • 3rd offense (within 10 years): Class D felony; mandatory minimum of seven days up to 10 years’ imprisonment, $2,000 to $10,000 fine, or both; driver’s license revocation for one year, offender must install IID in any registered vehicle.

For more information, please refer to McKinney’s Vehicle and Traffic Law § 1194.

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North Carolina

A driver is presumed to have committed the offense of driving under the influence if they drive under the influence of an impairing substance, or with any amount of a Schedule I controlled substance, or its metabolites, in their blood or urine. A driver is implied to have consented to a chemical analysis, and any refusal to submit to such a test shall result in charges under the implied-consent law and result in the suspension of their license for one year or longer, and an officer may compel the driver to be tested under other laws. The judge or jury in a supreme court may rule upon whether mitigating factors are involved to determine the penalty.

Test: Breath, blood, urine

Penalties:

  • Level One Punishment: Minimum 30 days up to 24 months’ imprisonment, up to a $4,000 fine; judge may reduce the term if the defendant participates in an approved alcohol monitoring system for 120 days.
  • Level Two Punishment: Minimum seven days up to 12 months in jail, up to a $2,000 fine; judge may reduce the term if the defendant participates in an approved alcohol monitoring system. May be required to participate in a substance abuse assessment.
  • Level Three Punishment: 72 hours up to 6 months in jail, $1,000 fine; imprisonment term may be suspended in lieu of 72 hours of community service or probation; defendant must obtain a substance abuse assessment and treatment for the restoration of a driver’s license and as a condition of probation.
  • Level Four Punishment: 48 hours up to 120 days in jail, $500 fine; imprisonment term may be suspended in lieu of community service or probation; defendant must obtain a substance abuse assessment and treatment for the restoration of a driver’s license and as a condition of probation.
  • Level Five Punishment: 24 hours up to 60 days in jail, $200 fine; imprisonment term may be suspended in lieu of community service or probation; defendant must obtain a substance abuse assessment and treatment for the restoration of a driver’s license and as a condition of probation.

For more information, please refer to NC Gen. Stat. Ann. § 20-138.1.

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North Dakota

The fact that any person has been legally entitled to use alcohol or other drugs is not a defense against any charge of driving under the influence. Any driver in North Dakota is implied to have given consent to a chemical test or tests of their blood, breath, saliva, or urine for the purpose of determining the alcohol or drug content of the driver’s blood. A refusal to submit to such a test, though not sufficient to establish guilt, may be admissible as evidence in light of other factors.

Test: breath, blood, saliva, urine

Penalties:

  • 1st offense: Class B misdemeanor; $250 fine and an order for addiction evaluation by an appropriate licensed addiction treatment program.
  • 2nd offense (within five years): Class B misdemeanor; five days in jail, $500 fine, up to 30 days of community service, participation in an appropriate licensed addiction treatment program; motor vehicle plates shall be impounded for period of driver’s license revocation.
  • 3rd offense (within five years): Class A misdemeanor; minimum of 60 days in jail, $1,000 fine, participation in an appropriate licensed addiction program, motor vehicle plates shall be impounded for period of driver’s license revocation.
  • 4th offense (with seven years): Class A misdemeanor; minimum 180 days in jail, $1,000 fine, participation in an appropriate licensed addiction program, motor vehicle plates shall be impounded for period of driver’s license revocation.
  • 5th and subsequent offenses (within seven years): Class C felony; minimum of 180 days in jail, $1,000 fine, participation in an appropriate licensed addiction program, motor vehicle plates shall be impounded for period of driver’s license revocation.

For more information, please refer to N.D. Cent. Code Ann. § 39-08-01.

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Ohio*

No person shall operate any vehicle if, at the time, the person has a concentration of marijuana in their system in the following amounts:

Substance Urine Blood
Marijuana 10 ng/mL 2 ng/mL
Marijuana metabolite 35 ng/mL 50 ng/mL
Marijuana metabolite with other drugs/alcohol 15 ng/mL 5 ng/mL

If a person has obtained a prescription issued by a licensed health professional, it is considered a valid defense; however, a doctor’s recommendation for medical cannabis does not constitute a prescription.

Test: Whole blood, blood serum, plasma, breath, urine, or other bodily substance

Penalties:

  • 1st offense: 1st degree misdemeanor, mandatory minimum of three days upsixto 6 months in jail, an intervention program, or both; judge may suspend jail sentence in lieu of a community control sanction and a driver’s intervention program; $375 to $1075 fine, driver’s license suspension for six months up to three years, driver may apply for IID to reduce period of suspension.
  • 2nd offense (within 10 years): 1st degree misdemeanor, mandatory minimum of 10 days up to six months in jail, sentence may consist of both jail time and house arrest with electronic monitoring and continuous alcohol monitoring; must be assessed by community addiction services provider, $525 up to $1,625 fine, driver’s license revocation for one to seven years, vehicle shall be impounded for 90 day.
  • 3rd offense (within 10 years): Misdemeanor, mandatory minimum of 30 days up to one year in jail, sentence may consist of both a jail term and house arrests with continuous alcohol monitoring, $850 up to $2,750 fine, court shall order participation in a community addiction services provider, driver’s license revocation for two years to 12 years, during which the offender’s vehicle shall be criminally forfeited.
  • 4th and 5th offenses (within 20 years): 4th degree felony, mandatory minimum of 60 days, no more than one to five years’ maximum imprisonment, mandatory participation in a community addiction services provider, $1,350 to $10,500 fine, driver’s license revocation for three years to life, vehicle may be criminally forfeited.
  • 6th offense: 3rd degree felony, mandatory minimum of 120 days up to five years in jail, $1,350 to $10,500 fine, indefinite license revocation, mandatory participation in an addiction services program, vehicle may be criminally forfeited.

For more information, please refer to Ohio Rev. Code, Title 45, Chapter 4511.49.

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Oklahoma

It is a crime to operate a motor vehicle in Oklahoma if the driver has any detectable amount of THC and/or its active metabolites in their blood, saliva, or urine. Any driver in Oklahoma is deemed to have given consent to submit to a chemical test to determine the amount of alcohol or drugs in their system.

Test: Blood, saliva, urine

Penalties:

  • 1st offense: Misdemeanor; 10 days up to one year in jail, $1,000 fine, offender must participate in a drug and alcohol assessment program at their own expense.
  • 2nd offense (within 10 years): One year to five years in jail, $2,500 fine.
  • 2nd felony conviction: Felony; one year to seven years in jail, $5,000 fine, 240 hours of community service, must participate in a drug and alcohol assessment program at their own expense, must use an IID on any registered vehicles.
  • 3rd or subsequent felony conviction: One year up to 10 years in jail, $5,000 fine, 480 hours of community service, one year of probation and supervision with regular testing at their own expense, use of an IID for a minimum of 30 days.

For more information, please refer to Oklahoma Stat. Ann. 47-11-902v1.

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Oregon*

Any person is guilty of a DUII if they are driving under the influence of an intoxicating controlled substance, or under the influence of any combination of intoxicating liquor, an inhalant, or a controlled substance. No person authorized to use, possess, deliver, or produce marijuana for medical use shall be exempted from criminal charges under the law. Additionally, any medical marijuana patient may be precluded from obtaining or using a marijuana registry identification card for up to six months. Drivers in Oregon are presumed to have consented to submit to a chemical test, and any refusal to submit to such a test shall result in immediate license suspension, a traffic offense, and an additional $500 to $1,000 fine.

Test: Drug Recognition Experts, breath, blood, urine

Oregon uses specially-trained Drug Recognition Experts to recognize the signs of cannabis intoxication.

Penalties:

  • 1st offense: Class A misdemeanor; mandatory minimum of 48 hours up to one year in jail, $1,000 to $6,250 fine, may be required to perform 160 days of community service, driver’s license revocation for 30 days.
  • 2nd offense: Class A misdemeanor; mandatory minimum of 48 hours up to one year in jail, $1,500 to $6,250 fine, license revocation for 60 days,
  • 3rd offense: Class A misdemeanor; mandatory 48 hours up to one year in jail, $2,000 to $6,250 fine if not sentenced to a term of imprisonment, driver’s license revocation for at least one year.
  • 4th offense (within 10 years): Class C felony; up to five years imprisonment, $2,000 up to $125,000 fine, driver’s license revocation for minimum of one year.

For more information, please refer to Or. Rev. Stat. Ann. § 813.010.

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Pennsylvania*

A person may not drive, operate, or be in physical control of the movement of a vehicle if there is any amount of a Schedule I substance, including marijuana, or any metabolite of said controlled substance in their system. The legal threshold for THC metabolite in the system of the driver is 1 ng/mL of blood.

Test: Blood, saliva, urine

Penalties:

  • 1st offense: Mandatory minimum of 72 hours in jail, $1,000 to $5,000 fine, must attend an alcohol highway safety school, and comply with all drug and alcohol treatment requirements; driver’s license revocation for at least 18 months, may be required to complete 150 hours of community service, and may be required to attend a victim impact panel.
  • 2nd offense: Mandatory minimum of 90 days in jail, $1,500 fine, must attend an alcohol highway safety school, and comply with all drug and alcohol treatment requirements; driver’s license revocation for at least 18 months, may be required to complete 150 hours of community service, and may be required to attend a victim impact panel.
  • 3rd and subsequent offenses: Mandatory minimum of one year imprisonment, $2,500 fine, must comply with all drug and alcohol treatment requirements; driver’s license revocation for at least 18 months, may be required to complete 150 hours of community service, and may be required to attend a victim impact panel.

For more information, please refer to Penn. Consolidated Stat. Title 75, Chapter 38, the Controlled Substances, Drugs, Device and Cosmetic Act, and the Pennsylvania Bulletin of 2011.

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Rhode Island*

It is unlawful for any person to operate, navigate, or be in physical control of any motor vehicle under the influence of marijuana; however, a registered medical marijuana patient shall not be considered under the influence for the presence of marijuana metabolites in their system. Any driver in the state of Rhode Island is deemed to have consented to submit to a chemical test to determine the chemical content of their bodily fluids. A refusal to submit to such a test shall result in a $200 to $500 fine, 10 to 60 hours of community service, and driver’s license revocation for six months to one year. Anyone found with marijuana in their system shall be charged with having a controlled substance in their blood.

Test: Breath, blood, urine

Penalties:

  • 1st offense with substance present in blood: Up to one year imprisonment, 10 to 60 hours of community service, $100 to $300 fine, driver’s license shall be revoked for 30 days up to 180 days; judge may require attendance of a course on driving while intoxicated.
  • 1st offense under the influence: Up to one year imprisonment, 20 to 60 hours of community service, $500 fine, driver’s license shall be revoked for three months to 18 months; judge shall require attendance of a course on driving while intoxicated, and the offender shall be prohibited from driving a vehicle without an IID installed.
  • 2nd offense with substance present in blood (within five years): 10 days up to one year in jail, $400 fine, driver’s license revocation for one year to two years; the judge shall require alcohol and drug treatment for the individual and they shall be prohibited from driving a vehicle without an IID installed.
  • 2nd offense under the influence (within five years): Mandatory minimum six months to one year imprisonment, $1,000 fine, driver’s license revocation for two years; judge shall require alcohol or drug treatment for the individual, offender is prohibited from driving a vehicle without an IID installed.
  • 3rd offense with substance present in blood (within five years): Felony, one year to three years in jail, $400 fine, driver’s license revocation for two years to three years, judge shall require alcohol or drug treatment for the individual, offender is prohibited from driving a vehicle without an IID installed.

For more information, please refer to RI Gen. Laws. Ann. § 31-27-2.

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South Carolina

In South Carolina, it is unlawful for a person to drive a motor vehicle while under the influence of any drug or combination of drugs and alcohol which cause impairment to the person’s faculties. A person who drives a motor vehicle in South Carolina is deemed to have given consent to chemical tests of breath, blood, or urine to determine presence of alcohol or drugs. A refusal to submit to such a test shall result in immediate driver’s license suspension, although the driver may request additional independent testing.

Test: Breath, blood, urine

Penalties:

  • 1st offense: 48 hours up to 30 days in jail, $400 fine, although judge may order 48 hours of public service employment in lieu of jail time, judge may require offender to attend Alcohol and Drug Safety Action Plan.
  • 2nd offense: Five days up to one year in jail, $2,100 to $5,000 of which all but $1,100 may be suspended if the judge so chooses, offender shall be required to attend Alcohol and Drug Safety Action Plan.
  • 3rd offense: 60 days up to three years in jail, $3,800 to $6,300 fine, offender shall be required to attend Alcohol and Drug Safety Action Plan.
  • 4th and subsequent offenses: One year to five years in prison, offender required to attend Alcohol and Drug Safety Action Plan.

For more information, please refer to SC Code Ann. § 56-5-2930.

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South Dakota

Any person who operates a vehicle in South Dakota is considered to have consented to submit to a chemical test of their blood or other bodily fluid to determine the amount of alcohol, presence of marijuana, or any controlled drug or substance in their system.

Test: Blood, breath, urine

Penalties:

  • 1st offense: Class 1 misdemeanor; one year imprisonment, $2,000 fine, or both; driver’s license suspension for at least 30 days up to one year, although the court may allow the person to drive to attend a court-ordered counseling program.
  • 2nd offense: Class 1 misdemeanor; one year imprisonment, $2,000 fine, or both; driver’s license revocation for one year, must complete a chemical dependency program.
  • 3rd offense: Class 6 felony; two years’ imprisonment, $4,000 fine, or both; driver’s license revocation for one year, must complete a chemical dependency program.
  • 4th offense: Class 5 felony; five years’ imprisonment, $10,000 fine, or both; license revocation for two years, must complete a chemical dependency program.
  • 5th or subsequent offenses: Class 4 felony; 10 years’ imprisonment, $20,000 fine, or both; river’s license revocation for three years, must complete a chemical dependency program.

For more information, please refer to SD Cod. Laws, Chapter 32-23.

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Tennessee

It is unlawful for any person to drive or be in physical control of any vehicle under the influence of an y intoxicant, marijuana, controlled substance, drug, or combination thereof. A driver in Tennessee is deemed to have given consent to submit to a chemical test for the purpose of determining the drug or alcohol content of their blood. If the driver refuses to submit to a test, no test shall be given, but

Test: Breath, blood, urine.

Penalties:

  • 1st offense: 48 hours up to 11 months and 29 days in jail, $350 to $1,500 fine, 24 hours of community service removing litter from public roadways as a condition of probation, driver’s license revocation for 1 year.
  • 2nd offense: 45 days up to 11 months and 29 days in jail, $600 to $3,500 fine, judge may sentence the defendant to participate in a drug or alcohol treatment program, driver’s license revocation for 2 years.
  • 3rd offense: 120 days up to 11 months and 29 days in jail, $1,100 to $10,000 fine, driver’s license shall be revoked for 3 years, but no more than 10 years.
  • 4th and subsequent offenses: class E felony, 150 days up to 6 years in prison, $3,000 fine to $15,000, driver’s license revocation for no less than 5 years.

For more information, please refer to TCA 55-10-401.

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Texas

A person is guilty of a DUI is they are intoxicated while operating a motor vehicle in a public place. The fact that the defendant has been entitled to use the alcohol, controlled substance, drug, or other substance is not a defense. Any person arrested for alleging acts while operating a motor vehicle in a public place is deemed to have consented to submit to a chemical test of their breath or blood for analysis to determine the presence of alcohol or other substances in their body. If the driver refuses to submit to a test, no test shall be given, but the refusal may be admissible in a court of law.

Test: Breath, blood

Penalties:

  • 1st offense: Class B misdemeanor; 72 hours up to 180 days in jail, $2,000 fine, or both, license revocation of up to one year, surcharge of $1,000 to $2,000 per year for three years.
  • 2nd offense: Class A misdemeanor; 72 hours up to one year in jail, $4,000 fine, or both, license revocation for 180 days up to two years, surcharge of $1,500 to $2,000 per year for three years.
  • 3rd offense: 3rd degree felony; two years up to 10 years in prison, up to a $10,000 fine, community service for 160 to 600 hours, license suspension for 180 days to one year, surcharge of $1,500 to $2,000 per year for three years.

For more information, please refer to Texas Penal Code, Title 10, Chapter 49 & Title 3, Chapter 12.

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Utah

If a person operates a motor vehicle while that person has any measurable controlled substance or metabolite of a controlled substance in their body, they shall be guilty of a DUI, including any measurable amount of marijuana or marijuana metabolite present. The law makes an exception only for cannabidiol that has been approved by the federal Food and Drug Administration. There are several affirmative defenses for the presence of metabolites in one’s system: that the substance was involuntarily ingested, that it was prescribed for use by a physician (not recommended, as medical marijuana is), or was otherwise legally ingested. Any person who drives a motor vehicle in the state of Utah is deemed to have given consent to submit to a chemical test of their breath, blood, urine, or oral fluids for the purpose of determining drug and/or alcohol content in their body.

Test: Breath, blood, urine, saliva

Penalties:

  • 1st offense: Class B misdemeanor; 48 hours up to six months in jail, $700 to $1,000 fine, 48 hours of a compensatory-service work program, or electronically monitored home confinement, driver’s license revocation for 120 days; court may impose probation or order substance abuse treatment.
  • 2nd offense (within 10 years): Class B misdemeanor; 240 hours up to six months in jail, $800 to $1,000 fine, or a jail sentence of 120 hours in addition to home confinement of 720 hours with electronic monitoring and substance abuse testing, court may impose probation or substance abuse treatment.
  • 3rd offense (within 10 years): 3rd degree felony; up to five years in prison, up to $5,000 fine

For more information, please refer to Utah Code, Title 41-6a-502.5.

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Vermont

A person shall not operate, attempt to operate, or be in physical control of any vehicle on a highway when the person is under the influence of any drug or combined influence of alcohol and any other drug. The fact that a person has been entitled to use a drug under the laws of the state shall not constitute a defense against a DUI charge. Any person who drives in the state of Vermont is implied to have given consent to submit to a chemical test of their breath, and a refusal to submit to a test shall result in driver’s license revocation for six months and possible prosecution by the state.

Test: Breath, blood, urine

Penalties:

  • 1st offense: Up to two years’ imprisonment, $750 fine, or both; $160 DUI surcharges, driver’s license suspension for 90 days.
  • 2nd offense: Up to two years’ imprisonment, $1,500 fine, or both; $160 DUI surcharges, driver’s license suspension for 18 months and may drive only with an IID installed, 200 hours of community service, 60 consecutive hours of imprisonment must be served, but credit for a sentence of imprisonment may be received for time served in a residential alcohol facility if the program is successfully completed.
  • 3rd offense: Up to five years’ imprisonment, $2,500 fine, or both; $160 DUI surcharges, driver’s license shall be revoked for life, and may only operate a vehicle with an IID installed; 96 consecutive hours must be served, but credit for a sentence of imprisonment may be received for time served in a residential alcohol facility if the program is successfully completed.
  • 4th and subsequent offenses: Up to 10 years’ imprisonment, $5,000 fine, or both; driver’s license shall be revoked for life, and may only operate a vehicle with an IID installed; 192 consecutive hours must be served, but credit for a sentence of imprisonment may be received for time served in a residential alcohol facility if the program is successfully completed.

For more information, please refer to 23 V.S.A. § 1210.

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Virginia

It is unlawful for any person to drive while under the influence of any self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs their ability to drive or operate a vehicle safely. Any driver in Virginia is presumed to have consented to a chemical test of their breath, blood, or both breath and blood, if arrested in violation. Refusal to submit to a chemical test may have their driver’s license revoked and a refusal may be admissible as evidence in a court of law.

Test: Breath or blood

Penalties:

  • 1st offense: Class 1 misdemeanor; $250 fine, five up to 10 days in jail if BAC level is above 0.15, driver’s license revocation for one year, may drive with installation of IID.
  • 2nd offense (within less than five years): One month up to one year in jail, $500 fine, mandatory minimum of 20 days in jail, driver’s license revocation for three years, may only drive with installation of IID.
  • 2nd offense (within five to 10 years): One month in jail, $500 fine, mandatory minimum of 10 days in jail, driver’s license revocation for three years, may only drive with installation of IID.
  • 3rd offense (within 10 years): Class 6 felony; mandatory minimum of 90 days in jail up to six months, $1,000 fine, driver’s license suspended indefinitely, may only drive with installation of IID.
  • 3rd offense (within five to 10 years): Mandatory minimum of six months in jail, $1,000 fine, driver’s license suspended indefinitely, may only drive with installation of IID.
  • 4th and subsequent offenses (within 10 years): Mandatory minimum of one year imprisonment, $1,000 fine, vehicle shall be subject to seizure and forfeiture, driver’s license suspended indefinitely, may only drive with installation of IID.

For more information, please refer to Code of Virginia, Title 18.2, Chapter 7 § 18.2-270.

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Washington*

The fact that a person has been entitled to use a drug under the laws of the state shall not constitute a defense against the charge of driving under the influence. Analyses of blood samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had a THC concentration of 5.00 or more and shall be considered to be guilty of a DUI. In any case in which the analysis shows a THC concentration above 0.00, it may be used as evidence that a person was under the influence of or affected by marijuana. It is an affirmative defense if a defendant can provide evidence that they consumed a sufficient quantity of marijuana after the time of driving but before the administration of a blood analysis to cause the THC concentration in their blood to be 5.00 or more within two hours of driving.

Test: Blood

Penalties:

  • 1st offense: One day up to 364 days in jail, 24 hours of which may not be suspended unless the offender’s physical or mental well-being is at risk, $350 up to $5,00 fine, driver’s license revocation for 90 days, court may order 15 days of electronic home monitoring or a 90-day period of 24/7 sobriety program monitoring, may be required to have IID installed on vehicle.
  • 2nd offense (within seven years): 30 days up to 364 days in jail, 60 days of electronic home monitoring or an additional four days in jail or six months in a 24/7 sobriety program, $500 up to $5,000 fine, license revocation for two years, vehicle is subject to seizure and forfeiture, may be required to install an IID on vehicle.
  • 3rd or 4th offense (within seven years): 90 days up to 364 days in jail, six months in a 24/7 sobriety program, 120 days of electronic home monitoring, $1,00 up to $5,000 fine, license revocation for three years, vehicle is subject to seizure and forfeiture, offender may be required to install IID on vehicle.

For more information, please refer to Rev. Code Wash. 46.61.5055.

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West Virginia*

A person is guilty of a DUI if they operate a vehicle while under the influence of any controlled substance or drug, or knowingly permits their vehicle to be driven by someone under the influence. A person suspected of a DUI is deemed to have given consent to provide a sample of breath, blood, or urine for testing. No penalties shall apply for a refusal to submit to a chemical testing for drugs. Medical marijuana patients may not operate their vehicle if the THC concentration of their blood is 3 ng/mL or above, whether or not the THC is considered to be a metabolite.

Test: Breath, blood, urine

Penalties:

  • 1st offense: Up to six months in jail, $100 to $500 fine, 90-day mandatory (up to six months) driver’s license revocation.
  • 2nd offense (within 10 years): Misdemeanor; six months up to one year imprisonment, $1,000 to $3,000 fine, five years mandatory (up to 10 years) driver’s license revocation.
  • 3rd and subsequent offenses (within 10 years): Felony; one year up to three years’ imprisonment, $3,000 to $5,000 fine, 10 years’ mandatory (up to life) driver’s license revocation.

For more information, please refer to West Virginia Code, Chapter 17C, Article 5 §17C-5-2.

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Wisconsin

A person is guilty of a DUI offense if they are found to be operating a motor vehicle while the person has any detectable amount of a restricted controlled substance in their blood. A driver in the state of Wisconsin is deemed to have given consent to submit to a chemical test of their breath, blood, and urine for the purposes of determining the presence or quantity of substances. A valid affirmative defense is if, at the time of the incident, the driver had a valid prescription for the substance, although a physician’s recommendation is not considered to be a prescription.

Test: Breath, blood, urine

Penalties:

  • 1st offense: $150 up to $350 fine.
  • 2nd offense (within 10 years): Five days up to six months in jail, $350 up to $1,100 fine, driver’s license must be revoked for 12 to 18 months.
  • 3rd offense (within lifetime): Mandatory minimum 30 days up to one year imprisonment, $600 to $2,000 fine, driver’s license revocation for two to three years.
  • 4th offense (within lifetime): Mandatory minimum 60 days up to one year imprisonment, $6000 to $2,000 fine, driver’s license revocation for two to three years.
  • 4th offense (within 5 years): Class H felony; mandatory minimum of six months’ imprisonment, $600 fine.
  • 5th and 6th offense (within lifetime): Class H felony; mandatory minimum of six months up to six years’ imprisonment, $600 to $10,000 fine, or both.
  • 7th, 8th, and 9th offense: Class G felony; mandatory minimum of three years up to 10 years’ imprisonment, up to $25,000 fine.
  • 10th & subsequent offenses: Class F felony; mandatory minimum of four years up to 12 years and six months’ imprisonment, up to $25,000 fine, or both.

For more information, please refer to Wis. Stat. Ann. §§ 346.63.

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Wyoming

A person is guilty of a DUI if they drive under the influence of a controlled substance or a combination of controlled substance and alcohol to a degree that renders them incapable of safely operating a motor vehicle. Any person who drives in the state of Wyoming is deemed to have given their consent to submit to a chemical test or tests of their blood, breath, or urine, for the purposes of determining the controlled substance content of their blood.

Test: Breath, blood, urine

Penalties:

  • 1st offense: Misdemeanor; up to six months’ imprisonment, $750 fine, or both; must submit to a substance abuse assessment, driver’s license revocation.
  • 2nd offense (within 10 years): Mandatory minimum of seven days up to six months’ imprisonment, $200 to $750 fine, must submit to a substance abuse assessment, driver’s license revocation.
  • 3rd offense (within 10 years): Mandatory minimum of 30 days up to six months’ imprisonment, of which all but 15 days may be suspended if the defendant completes an inpatient treatment program, $750 up to $3,000 fine, must submit to a substance abuse assessment, driver’s license revocation.
  • 4th and subsequent offenses (within 10 years): Felony, up to four years’ imprisonment, up to a $10,000 fine, driver’s license revocation.

For more information, please refer to Wyo. Stat. Ann. § 31-5-233

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