The Per Se Standard
The per se standard makes any detectable presence of illegal drugs in a driver’s system a punishable offense, on par with current drunk driving laws. The per se standard is essential to successful anti- drugged driving efforts. The per se standard enables police and prosecutors to charge and convict negligent and reckless drivers with the criminal offense of Drugged Driving. This is especially helpful to law enforcement communities and prosecutors in cases where alcohol may not be present and where, otherwise, these dangerous drivers would have reduced or more lenient sentences. Those who drive under the influence of drugs must neither be allowed to think their actions are harmless, nor that they can continue to drive impaired with impunity.
Conviction of drugged drivers is not the only positive outcome of establishing a per se statute; drivers who are found guilty of driving drugged can be assessed for drug dependence and offered counseling and treatment if necessary. The per se standard sends a strong message to drug abusers that they are not welcome on the nation’s roadways.
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Per Se State Laws:
Arizona | Georgia | Illinois | Indiana | Iowa | Michigan | Minnesota | Nevada | North Carolina | Ohio | Pennsylvania | Rhode Island | Utah | Virginia | Wisconsin
Arizona | § 28 - 1381 Driving or actual physical control while under the influence
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body. |
Georgia | § 40- 6- 391 Driving under the influence of alcohol, drugs, or other intoxicating substances;
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. |
Illinois | Illinois Compiled Statutes, Section 625 ILCS 5/11-501 Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while:
(3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;
(5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act.
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Indiana | IC 9-30-5-1 Class C misdemeanor
(c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body commits a Class C misdemeanor. |
Iowa | 321J.2 Operating while under the influence of alcohol or a drug
1. A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions:
c. While any amount of a controlled substance is present in the person, as measured in the person's blood or urine. | |
Michigan | 257. 625 (8) Operating a Motor Vehicle While Intoxicated
(8) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has in his or her body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214. |
Minnesota | 169A.20 (7) Driving While Impaired
It is a crime for any person to drive, operate,
or be in physical control of any motor vehicle within this state or on any boundary water of
this state:
(7) when the person's body contains any amount of a controlled substance listed in schedule I
or II, or its metabolite, other than marijuana or tetrahydrocannabinols. |
Nevada | NRS 484.379 Driving Under the Influence of Intoxicating Liquor or Controlled or Prohibited Substance
3. It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
Urine Blood
Nanograms Nanograms
Prohibited substance per milliliter per milliliter
(a)Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
(e) Heroin metabolite:
(1) Morphine 2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Marijuana 10 2
(h) Marijuana metabolite 15 5
(i) Methamphetamine 500 100
(j) Phencyclidine 25 10
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North Carolina | § 20-138.1. Impaired Driving
(a) Offense - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this state:
(1) While under the influence of an impairing substance; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine |
Ohio | 4511.19 Operating vehicle under the influence of alcohol or drugs - OVI.
(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(j) Except as provided in division (K) of this section, the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person’s whole blood, blood serum or plasma, or urine that equals or exceeds any of the following:
(i) The person has a concentration of amphetamine in the person’s urine of at least five hundred nanograms of amphetamine per milliliter of the person’s urine or has a concentration of amphetamine in the person’s whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine per milliliter of the person’s whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the person’s urine of at least one hundred fifty nanograms of cocaine per milliliter of the person’s urine or has a concentration of cocaine in the person’s whole blood or blood serum or plasma of at least fifty nanograms of cocaine per milliliter of the person’s whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in the person’s urine of at least one hundred fifty nanograms of cocaine metabolite per milliliter of the person’s urine or has a concentration of cocaine metabolite in the person’s whole blood or blood serum or plasma of at least fifty nanograms of cocaine metabolite per milliliter of the person’s whole blood or blood serum or plasma.(etc.) |
Pennsylvania | Title 75 Chapter 38 §3802 (d) Controlled Substances
An individual may not drive, operate or be in actualy physical control of the movement of a vehicle under the following circumstances:
(1) There is in the individual's body any amount of a: (i) Schedule I controlled substance; (ii)Scedule II or Schedule III controlled substance which has not been medically prescribed for the individual; or (iii) metabolite of a substance under subparagraph (i) or (ii)
(2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree ehich impairs the individual's ability to safely drive, operate of be in actual physical control of the movement of the vehicle |
Rhode Island | § 31-27-2 Driving under influence of liquor or drugs.
(2) Whoever drives or otherwise operates any vehicle in the state with a blood presence of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d) of this section. |
Utah | 41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.
(1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle;
41-6a-517. Driving with any measurable controlled substance in the body
(2) In cases not amounting to a violation of Section 41-6a-502, a person may not operate or be in actual physical control of a motor vehicle within this state if the person has any measurable controlled substance or metabolite of a controlled substance in the person's body. |
Virginia | § 18.2-266 Driving motor vehicle, engine, etc. while intoxicated, etc.
It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine of train safely, or (v) while such person has a blood concentration of any the following substances at a level that is equal to or greater than: (a) 0.02 mg of cocaine per liter of blood, (b) 0.1 mg of methamphetamine per liter of blood, (c) 0.01 mg of phencyclidine per liter of blood, (d) 0.002 mg of THC per liter of blood, or (e) 0.1 mg of 3,4, methylenedioxymethamphetamine per liter of blood |
Wisconsin | 346.63 Operating under influence of intoxicant or other drug
No person may drive or operate a motor vehicle while:
(1)(a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or
(1)(am) The person has a detectable amount of a restricted controlled substance in his or her blood. |
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Fatally-Injured Drivers
As many as half of all fatally and seriously injured drivers have detectable levels of illegal drugs in their systems. A landmark study of Drug and Alcohol use among drivers admitted to a trauma center showed that 35% of those tested were positive for one or more illegal drugs, while another 15% tested positive for alcohol and other drug(s). Similar studies of injured drivers have yielded corroborating results. This enormously high positive testing rate among injured drivers is not an accident. These numbers are clear proof that drugs are a major contributing factor in fatal and non-fatal traffic accidents.
While it is mandatory in 35 states for hospitals to test for Blood Alcohol Concentration (BAC) in fatally injured drivers, drug testing is rarely, if ever, done, especially in cases where the presence of alcohol has already been detected. Some states are considering mandating drug and alcohol testing for all drivers who are involved in fatal and serious car crashes in order to better understand the scope and size of the Drugged Driving problem, and so that preventive resources may be more effectively directed to the right agencies and personnel. All states should pass similar legislation to assess and begin to deal with the growing threat of Drugged Driving.
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Constitutionality
The Supreme Court has deliberated on matters relating directly to this issue of drug and alcohol testing in the past. The Supreme Court has consistently ruled in favor of such things as roadside BAC testing, Sobriety Checkpoint Roadblocks, Random Student Drug Testing, and many other issues.
- Read the cases that have upheld the legality of the following protective safety measures:
Learn more about the Fourth Amendment from goaccess.gov
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