What Is the Punishment for Driving While High? US Penalties

Short answer

There is no single nationwide punishment for driving while high. Each state writes its own DUI law, and most treat a first cannabis DUI as a misdemeanor. Typical outcomes include a fine between $500 and $2,500, a license suspension of 90 days to one year, DUI education, probation, and up to six months in jail. Some states require jail time. Cases with injury, death, a child in the car, or a prior DUI move into felony territory, where prison terms of one to ten years or more apply.

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Typical first-offense penalties

• Fine: $500 to $2,500 in most states.
• License suspension: 90 days to one year, sometimes with a restricted license for work or school.
• Jail: up to six months, though many first offenders serve none when no one is hurt.
• Probation: six months to two years, often with random drug testing.
• DUI education or treatment: 8 to 16 hours of class, sometimes more after a substance abuse assessment.
• Ignition interlock: required in some states for a first drug DUI, even though the device tests alcohol and not THC.
• Court costs and fees: $500 to $2,000 on top of the fine.

Factors that raise the charge

• Injury or death: felony counts and prison time of one to ten years or more.
• Passenger under 14 or 16: enhanced DUI penalties plus child endangerment charges.
• Prior DUI within a lookback window of 5 to 10 years: mandatory jail and a longer suspension.
• A high THC blood level: in per se states, the number alone can support a conviction.
• Commercial driver's license: a lower threshold and a one-year CDL disqualification for a first offense.

How states prove impairment

Two models dominate. The impairment model, used in states such as Arizona, asks whether cannabis made the driver unable to drive safely. The per se model, used in states including Ohio, Montana, Washington, and Nevada, sets a THC limit, typically 5 nanograms per milliliter of whole blood. Nevada uses a lower 2 ng/mL threshold. Colorado uses a 5 ng/mL limit with a permissible inference, which leaves room for a defense. Under either model, most arrests rely on the officer's observations plus a blood or urine sample.

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What happens during a traffic stop

1. Pull over and hand the officer your license, registration, and insurance.
2. Decide whether to answer questions about drug use, or state that you will not answer.
3. Complete or decline field sobriety tests, based on your state's rules.
4. Submit to the chemical test required by implied consent law, or face an automatic suspension.
5. Accept a citation or get arrested and booked.
6. Appear at an arraignment, where the judge sets bail and release conditions.
7. Hire a DUI attorney and review the blood test chain of custody.
8. Take a plea, go to trial, or complete a diversion program.

Minors, medical patients, and federal land

Drivers under 21 face zero tolerance laws. Any detectable THC can trigger a suspension of six months to one year, even without evidence of impairment. Registered medical marijuana patients have limited protection in a few states, such as Arizona, where a cardholder can argue that a positive test alone does not prove impairment. That defense does not prevent an arrest. Recreational users get no such shield anywhere. A DUI on federal land, including national parks and military bases, runs under federal law and carries its own fines, jail time, and federal record. A conviction in one state can also be reported to your home state through the Driver License Compact or the National Driver Register, which may lead to a matching suspension at home. This guide is general information, not legal advice. Consult a DUI attorney in your state.

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