Fourth offense
Per se limit greater than zero for some drugs
THC per se (5 nanograms)
Enhanced penalties
0.16
Ten years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
Statewide program
ALS/ALR law enacted
Alternative to checkpoints
Habitual Offender Law Enacted
51-100 DREs
6-10 DUI Courts
1-5 Hybrid Courts
Cannabis-specific open container law
Decriminalized
Blood and urine
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
Low BAC may be considered with other evidence
none
Discretionary
Legislation
Stimulants
Judicial license suspension/revocation
No Distinctive License & No Seizure Law
Lacks authorization
No authorization
61-8-1016 Learn More
*Effective 1/1/2022
Drivers are considered to have given consent to tests of blood or breath for the purpose of determining any measured amount or detected presence of alcohol or drugs.
61-8-1016 Learn More
*Effective 1/1/2022
Drivers are considered to have given consent to tests of blood or breath for the purpose of determining any measured amount or detected presence of alcohol or drugs.
61-8-1016 Learn More
*Effective 1/1/2022
Urine not mentioned in implied consent language, but urine tests mentioned under refusal section 61-8-1016(4)(a – c)
61-8-1016 Learn More
*Effective 1/1/2022
Oral fluids not mentioned in implied consent language, but "other bodily substance" mentioned under refusal section 61-8-1016(4)(a – c)
61-8-1016 Learn More
*Effective 1/1/2022
Oral fluids not mentioned in implied consent language, but "other bodily substance" mentioned under refusal section 61-8-1016(4)(a – c)
61-8-1002 - Learn More
*Effective 1/1/2022
When a person drives or is in physical control of: a vehicle or a commercial motor vehicle…while under the influence of alcohol, any drug, or a combination of alcohol and any drug…
while the person's delta-9-tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person's blood or other bodily substance, is 5 ng/ml or more…
61-8-1002 - Learn More
*Effective 1/1/2022
… while under the influence of alcohol, any drug, or a combination of alcohol and any drug
61-8-1002 - Learn More
*Effective 1/1/2022
6-month license suspension and mandatory 24/7 sobriety/drug monitoring or participation in alcohol or drug detection testing program
61-8-1018 - Learn More
*Effective 1/1/2022
If the person under arrest refused to submit to one or more tests under 61-8-1016, whether or not a sample was subsequently collected for any purpose, proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed…
61-8-1018 - Learn More
*Effective 1/1/2022
If the person under arrest refused to submit to one or more tests under 61-8-1016, whether or not a sample was subsequently collected for any purpose, proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed…
61-8-1007 - Learn More
*Effective 1/1/2022
Not specific to cannabis – same for all DUI
61-8-1007 - Learn More
*Effective 1/1/2022
90 days upon the first conviction, 6 months upon the second conviction, and 1 year upon the third or subsequent conviction
61-5-232- Learn More 61-8-1007 - Learn More
Must have no traffic citations or alcohol-related or drug-related criminal charges are currently pending; may not be issued during the suspension period until the person has paid a license reinstatement fee
61-8-1010 - Learn More
*Effective 1/1/2022
Mandatory on 2nd or subsequent offense (all DUIs, not specific to cannabis)
61-8-1010 a 61-8-1010 - Learn More
*Effective 1/1/2022
Mandatory on 2nd or subsequent offense (all DUIs, not specific to cannabis)
61-8-1002 - Learn More
No – specific to alcohol
61-8-1002 - Learn More
*Effective 1/1/2022
Driving w/ delta-9-tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person's blood or other bodily substance, is 5 ng/ml or more
See above
5 ng/ml
Specific to THC, excludes inactive metabolites (see above)
61-8-1009 - Learn More
*Effective 1/1/2022
All offenses subject to chemical dependence education/treatment. Education on first offense, treatment for 2nd or subsequent offense (or aggravated offense)
No Data Available
61-8-1007 - Learn More
*Effective 1/1/2022
First violation: up to 6 months jail; $600 to $1,000 fine
Second violation: 5 days to 1 year jail; $1,200 to $2,000 fine
Third violation: 30 days to 1 year jail; $2,500 to $5,000 fine
All offenses subject to chemical dependence education/treatment as outlined in 61-8-1009 and mandatory license revocation or suspension depending on number of offenses and whether aggravated offense
Yes
Yes
*Effective 1/1/2022
… while under the influence of alcohol, any drug, or a combination of alcohol and any drug
No additional penalties mentioned
61-8-1007 Learn More
*Effective 1/1/2022
If one or more passengers under 16 years of age were in the vehicle…
First violation: up to 6 months jail; $1,200 to $2,000 fine
Second violation: 10 days to 1 year jail; $2,400 to $4,000 fine
Third violation: 60 days to 1 year jail; $5,000 to $10,000 fine
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
16-12-106 - Learn More
Age 21, up to 1 oz.
45-5-624 - Learn More
18-21 years: First offense $100-$300 fine; 20 hours community service; substance abuse info course (penalties increase on subsequent offenses)
<18 years: First offense $100-$300 fine; 20 hours community service; substance abuse info course; 30-day license suspension (penalties increase on subsequent offenses)
45-5-624 - Learn More
18-21 years: First offense $100-$300 fine; 20 hours community service; substance abuse info course (penalties increase on subsequent offenses)
<18 years: First offense $100-$300 fine; 20 hours community service; substance abuse info course; 30-day license suspension (penalties increase on subsequent offenses)
No Data Available
No Data Available
45-5-624 - Learn More
Fined up to $150; may be ordered to perform community service
16-12-508 - Learn More <21 only with parental consent and referring physician
No Data Available
Repeat offenders subject to chemical dependency assessment and treatment. See 45-5-624 - Learn More
16-6-305 - Learn More
Alcohol only - not specific to cannabis or other drugs.
16-6-305 - Learn More
Alcohol only - not specific to cannabis or other drugs.
45-9-101 - Learn More
Selling to a minor may incur an additional $50,000 fine, at least two 2 years in prison, or both.
No Data Available