Fourth offense
Impairment-based statute only
No cannabis-specific drugged driving law
Enhanced penalties
No Enhanced Penalties for High-BAC
Ten years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
No Habitual Offender Law
51-100 DREs
No DUI Courts
6-10 Hybrid Courts
No cannabis open container law
Medical Cannabis
Does not extend to drugs
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
active
Mandatory all offender
Court Rule/Order
Cannabis
Judicial license suspension/revocation
No Distinctive License & No Seizure Law
Has legal authority to implement No Refusal program
Oral fluid testing authorized
32-5-192(a)(1) - Learn More
"shall be deemed to have given consent"
"…any impairing substance"
32-5-192(a)(1) - Learn More
"shall be deemed to have given consent"
"…any impairing substance"
Removed from Implied Consent law by Act 2021-498
32-5-192(a)(1) - Learn More
"shall be deemed to have given consent"
"…any impairing substance"
32-5-192(a)(1) - Learn More
Breath also covered in this section
32-5A-191(a)(3) - Learn More
32-5A-191(a)(5) - Learn More
(3) under influence of controlled substance
(5) any substance which impairs mental or physical
32-5A-191(a)(4) - Learn More
32-5A-191(a)(5) - Learn More
(4) alcohol and controlled substances
(5) any substance which impairs mental or physical
32-5-192(a)(3) - Learn More
32-5-192(c)(1-3) - Learn More
Driving privileges will be suspended for a minimum of 90 days
32-5-192(d) and 32-5A-194(c) - Learn More
Admissible in a state-level administrative hearing
Evidence of refusal shall be admissible in any civil, criminal, or quasi-criminal action or proceeding
32-5A-194(c)
Evidence of refusal shall be admissible in any civil, criminal, or quasi-criminal action or proceeding
Yes
Same as DUI
1st Conviction 90 days suspension of DL
2nd Conviction 1 year revocation of DL
3rd Conviction 3 year revocation of DL
4th Conviction within 10 years = 5 year revocation of DL
No
Only available if suspension/revocation unrelated to DUI
Maybe
Require ignition interlock devices (IID) on all repeat offenders of DUI regardless of what subsection they are convicted of. 1st offender Drug DUIs are not required to get the ignition interlock but are eligible to elect to install the IID to avoid the DL suspension.
Maybe
Require ignition interlock devices (IID) on all repeat offenders of DUI regardless of what subsection they are convicted of. 1st offender Drug DUIs are not required to get the ignition interlock but are eligible to elect to install the IID to avoid the DL suspension.
No Data Available
No Data Available
No
No
"under influence of controlled substance"
No Data Available
No Data Available
32-5A-191(e)(f)(g)(h) - Learn More
Yes
32-5A-191(a)(4) - Learn More
"alcohol and controlled substance"
Same as impaired driving
32-5A-191(j) - Learn More
If driver is over 21 and a child in the vehicle is under 14, the sentence shall be double the minimum.
20-2-23(5)(a) - Learn More
Listed as controlled substance Schedule I.
State is beta testing an arrest warrant program
No electronic search warrant program
None
No Data Available
No Data Available
No Data Available
No Data Available
Yes Learn More
19
For medical cannabis preparations of any type
Recreational Use is Illegal
13A-12-214 - Learn More
Possession is a Misdemeanor
Up to 1 year and $6000 fine for first offense.
Recreational Use is Illegal 13A-12-214 - Learn More
Possession is a Misdemeanor
Up to 1 year and $6000 fine for
first offense.
Recreational Use is Illegal minimum sentencing
Possession is a Misdemeanor
Up to 1 year and $6000 fine for first offense.
Recreational Use is Illegal minimum sentencing
Possession is a Misdemeanor
Up to 1 year and $6000 fine for first offense.
A resident of this state under the age of 19, must be certified by a registered certifying physician as having a qualifying medical condition, be registered with the medical marijuana commission, and have a qualified designated caregiver who is the patient's parent or legal guardian. In order to be a qualified designated caregiver, the person must be a resident of this state, registered with the commission, issued a valid medical cannabis card by the medical marijuana commission, is at least 21 years of age, unless he or she is the parent or legal guardian of, and caregiver for, a registered qualified patient, and is the parent, legal guardian, grandparent, spouse, or an individual with power of attorney for health care of a registered qualified patient.
No Data Available
No Data Available
No Data Available
No Data Available
13A-12-215 - Sale or delivery to a minor is a felony with a sentence of life or not more than 99 years or less than 10 years and a maximum fine of $60,000
13A-12-211 - Sale of any amount to anyone is a felony with a sentence of 2 -20 years and a maximum fine of $30,000.
13A-12-260(e)(2) - Selling paraphernalia to a minor is a felony punishable by a sentence of 2-20 years and a fine not exceeding $30,000