Office of National Drug Control Policy

ONDCP Excel Fourteenth Row

Action Item Number: 
Action Item Name: 
Encourage States To Adopt Per Se Drug Impairment Laws
Action Item Description: 

State laws regarding impaired driving are varied, but most State codes do not contain a separate offense for driving under the influence of drugs (DUID).

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Therefore, few drivers are identified, prosecuted, or convicted for DUID. Law enforcement personnel usually cite individuals with the easier to prove driving while intoxicated (DWI) alcohol charges. Unclear laws provide vague signals both to drivers and to law enforcement, thereby minimizing the possible preventive benefit of DUID statutes. Fifteen states have passed laws clarifying that the presence of any illegal drug in a driver’s body is per se evidence of impaired driving. ONDCP will work to expand the use of this standard to other states and explore other ways to increase the enforcement of existing DUID laws.

Lead Agency: 
ONDCP
Component(s): 
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