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Drug DUI: a marijuana or pill DUI is charged like a drunk driving case
A drug DUI is charged under the same law as an alcohol DUI, whether the drug was marijuana, a pill or something illegal. The license case and its deadline run the same way.
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What counts as a drug DUI
A drug DUI is the same charge as a drunk driving DUI, with a drug in place of alcohol. It covers marijuana, illegal drugs and prescription or over-the-counter medicine that impaired your driving. The penalties and the license case are the same as for alcohol in most states.
The proof is different. GHSA says the laws are complex and vary by state, and that NHTSA tracks over 400 drugs that can cause impairment (GHSA).
Marijuana DUI: THC limits by state
Most states have no THC number. The officer and the prosecutor must show you were impaired. GHSA counts 18 states with zero tolerance or a set limit for marijuana. The 12 below are the ones we checked against the law itself, and 6 of them allow no detectable amount at all.
| State | The rule | Law |
|---|---|---|
| Arizona | Zero tolerance: any drug listed in A.R.S. 13-3401 or its metabolite in the body (GHSA lists this as zero tolerance for THC and metabolites) | A.R.S. 28-1381(A)(3) |
| Colorado | 5 ng/mL delta-9 THC in whole blood creates a permissible inference of being under the influence (not a strict per se limit) | C.R.S. 42-4-1301(6)(a)(IV) |
| Illinois | 5 ng/mL delta-9 THC in whole blood within two hours of driving (per se) | 625 ILCS 5/11-501(a)(7); 625 ILCS 5/11-501.2(a)(6) |
| Indiana | Zero tolerance: any THC or its metabolite in the blood (per se) | IC 9-30-5-1(c) |
| Michigan | Zero tolerance: any amount of THC, a Schedule 1 substance (per se) | MCL 257.625(8) |
| Montana | 5 ng/mL THC (excluding inactive metabolites) in blood (per se) | MCA 61-8-1002 |
| Nevada | 2 ng/mL THC in blood (per se), applied to felony DUI violations | NRS 484C.110 / 484C.430 |
| Ohio | 2 ng/mL marijuana (THC) in whole blood (per se), with separate marijuana metabolite limits | ORC 4511.19(A)(1)(j) |
| Pennsylvania | Any amount of a Schedule I controlled substance (including marijuana) or its metabolite in blood (zero tolerance per se) | 75 Pa.C.S. 3802(d)(1) |
| Utah | Zero tolerance: any measurable THC or metabolite in the body (per se) | Utah Code 41-6a-517 |
| Washington | 5.00 ng/mL or more of THC in blood within two hours of driving (per se) | RCW 46.61.502(1)(b) |
| Wisconsin | Zero tolerance: any detectable amount of a restricted controlled substance (which GHSA notes covers delta-9-THC) in the blood | Wis. Stat. 346.63(1)(am) |
Read the rule closely: some states count only active THC, others any metabolite, which can reach a driver who used days earlier.
How police test for drugs
There is no breath test for marijuana or pills. Officers use the field sobriety tests, then may call a drug recognition expert, who checks the eyes, pulse and muscle tone. A blood or urine test follows. Under implied consent, refusing that test brings its own suspension in most states, set out on the refusal page.
Prescription drugs and a DUI
A prescription does not make impaired driving legal. What it does is change the questions: what the dose was, when you took it, and whether the blood level shows impairment or only use. A lawyer often hires a toxicologist for exactly that. Start with the license deadline, which runs the same as in an alcohol case.
People also ask
Can you get a DUI for marijuana?
Yes, in every state. Driving while impaired by any drug, legal or not, is charged under the same DUI law as alcohol.
What is the legal THC limit for driving?
Most states set no number and ask whether you were impaired. GHSA counts 4 states with a set THC limit and 10 with zero tolerance for THC or a metabolite. The table lists the 12 we checked against the statute.
Can I get a DUI on prescription drugs?
Yes. A valid prescription is not a defense if the drug impaired your driving. Read the warning label, and ask your doctor about driving.
How do police test for drugs?
There is no roadside breath test for most drugs. Officers use the field tests, an evaluation by a drug recognition expert and a blood or urine test.
Read next: The field sobriety test · Implied consent and refusal · DUI penalties
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