AARP Smart Driver

2022 AARP Smart Driver Participant Guidebook

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DRIVING UNDER THE INFLUENCE OF DRUGS (DUID) or DRIVING WHILE IMPAIRED (DWI) is illegal in every state. ZERO TOLERANCE LAWS prohibit driving with any amount of a specified drug in the body. "PER SE" LAWS (meaning "by itself") establish that drivers are guilty of impairment based on the level of alcohol or THC in the blood and no further evidence is needed. DUID has two requirements: 1. The driver is impaired. 2. The impairment must be linked to a drug, regardless of the concentration of the drug (DUID laws apply to marijuana as well as other drugs.) Several states have zero tolerance laws for all drivers for marijuana (and other drugs as well)—for THC or a metabolite, or for THC but with no restriction on metabolites. The alcohol per se BAC limit is .05 in Utah and .08 in all other states. Some states have THC per se limits for marijuana, which range from 1ng to 5ng per mL of blood depending on state laws and may differ for medical marijuana patients. DWI, DUI, DUID, or… All states and the District of Columbia have laws that address penalties for driving while impaired. The names of the laws may vary, but they all make two specific points: X If you are stopped by an officer and fail a test for impairment, you can be ticketed or arrested for the initial violation and your impairment. X It is a mandatory violation (a "per se" law) when the level of alcohol or drugs in the body meets or exceeds a specific level. Even if you pass the roadside impairment test, but a breath, blood, urine, or saliva test shows you have alcohol or drugs in your system at or above a specific level, you must be ticketed or arrested. The laws that apply to driving impaired vary from state to state but fall into three categories. IT IS ILLEGAL TO DRIVE WHILE IMPAIRED—REGARDLESS OF WHY ONE IS IMPAIRED. See Effects of Blood Alcohol Concentration (BAC) in Resources. STATE-SPECIFIC INFORMATION CATEGORIES OF DRIVING IMPAIRED LAWS AARP DRIVER SAFETY 14 HOW DO WE NAVIGATE CHANGES? 2 1 2 3 4 5 6

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