I 
108TH CONGRESS 
2D SESSION 
H. R. 3922
To amend title 23, United States Code, relating to improving safety and 
enforcement with respect to individuals operating motor vehicles while 
under the influence of, or having used, drugs. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2004
Mr. PORTMAN (for himself, Mr. LEVIN, Mr. LATOURETTE, Mr. SOUDER, and 
Mr. RAMSTAD) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To amend title 23, United States Code, relating to improving 
safety and enforcement with respect to individuals oper-
ating motor vehicles while under the influence of, or 
having used, drugs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Drug Impaired Driving 
Enforcement Act of 2004’’.
SEC. 2. FINDINGS. 
Congress finds that—
(1) driving under the influence of, or after hav-
ing used, illegal drugs has become a significant 
problem worldwide; 
(2) in 2002, over 35,000,000 persons in the 
United States aged 12 or older had used illegal 
drugs in the past year and almost 11,000,000 of 
these persons (5 percent of the total population of 
the United States aged 12 or older and 31 percent 
of past year illicit drug users) had driven under the 
influence of, or after having used, illegal drugs in 
the past year; 
(3) research has established that abuse of a 
number of drugs can impair driving performance; 
(4) according to the National Highway Traffic 
Safety Administration, illegal drugs (often in com-
bination with alcohol) are used by approximately 10 
to 22 percent of drivers involved in all motor vehicles 
crashes; 
(5) drug impaired drivers are less frequently 
detected, prosecuted, or referred to treatment than 
drunk drivers; 
(6) there is a lack of uniformity or consistency 
in the way the 50 States approach drug impaired 
drivers;
(7) too few police officers have been trained to 
detect drug impaired drivers, and too few prosecu-
tors have been trained to prove drug impaired driv-
ing cases beyond a reasonable doubt; 
(8) per se drug impaired driving laws, like those 
used for driving under the influence of alcohol, are 
feasible and represent a sound strategy for dealing 
with drug impaired drivers and can assist in the 
prosecution of drug impaired driving offenders; and 
(9) while it is illegal in all States to drive a 
motor vehicle while under the influence of alcohol, 
drugs other than alcohol, or a combination of alcohol 
and other drugs, there is no consistent method 
across States for identifying drug impairment and 
the presence of drugs in the body. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to provide a model for States to implement 
and enforce a drug impaired driving statute; 
(2) to ensure drivers in need of drug education 
or treatment are identified and provided with the ap-
propriate assistance; 
(3) to advance research and development of 
testing mechanisms and knowledge about drugged 
driving and its impact on traffic safety; and
(4) to enhance the training of traffic safety offi-
cers and prosecutors to detect, enforce, and pros-
ecute drug impaired driving laws. 
SEC. 4. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) 
CONTROLLED
SUBSTANCE.—The 
term 
‘‘controlled substance’’ includes substances listed in 
schedules I through V of section 112(e) of the Con-
trolled Substances Act (21 U.S.C. 812(e)). 
(2) LICENSE.—The term ‘‘license’’ means any 
driver’s license or any other license or permit to op-
erate a motor vehicle issued under the laws of, or 
granted by, a State, including—
(A) any temporary license or instruction 
permit; 
(B) the privilege of any person to drive a 
motor vehicle whether or not the person holds 
a valid license; and 
(C) any nonresident’s operating privilege. 
(3) 
REVOCATION.—The 
term 
‘‘revocation’’ 
means the termination by formal action of the State 
of a person’s license or privilege to operate a motor 
vehicle on the highways. 
(4) STATE.—The term ‘‘State’’ means a State, 
the District of Columbia, the Commonwealth of
Puerto Rico, and the territories and possessions of 
the United States. 
(5) 
SUSPENSION.—The 
term 
‘‘suspension’’ 
means the temporary withdrawal by formal action of 
the State of a person’s license or privilege to operate 
a motor vehicle on the highways. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(7) INHALANT.—The term ‘‘inhalant’’ means a 
household or commercial product that can be used 
by inhaling for intoxicating effect. 
(8) DRUG
RECOGNITION
EXPERT.—The term 
‘‘drug recognition expert’’ means an individual 
trained in a specific evaluation procedure that en-
ables the person to determine whether an individual 
is under the influence of drugs and then to deter-
mine the type of drug causing the observable impair-
ment. 
SEC. 5. MODEL STATUTE. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Secretary shall develop 
and provide to the States a model statute relating to drug 
impaired driving which incorporates the provisions de-
scribed in this section.
(b) MANDATORY PROVISIONS.—Provisions of the 
model statute under this section shall include, at a min-
imum, a provision that the crime of drug impaired driving 
is committed when a person operates a motor vehicle—
(1) while any detectable amount of a controlled 
substance is present in the person’s body, as meas-
ured in the person’s blood, urine, saliva, or other 
bodily substance; or 
(2) due to the presence of a controlled sub-
stance or a controlled substance in combination with 
alcohol or an inhalant, or both, in the person’s body, 
the person’s mental or physical faculties are affected 
to a noticeable or perceptible degree. 
(c) DISCRETIONARY PROVISIONS.—Provisions of the 
model statute under this section may include the following: 
(1) Sanctions for refusing to submit to a test 
for the presence of a controlled substance in a per-
son’s body which are equivalent to sanctions for a 
positive test result. 
(2) Lawful use of any controlled substance list-
ed in schedule II, III, IV, or V of section 112(c) of 
the Controlled Substances Act (21 U.S.C. 812(c)) 
that was lawfully prescribed by a physician licensed 
under State law is an affirmative defense to a 
charge of drug impaired driving; except that the af-
firmative defense shall not be available if it is shown 
that the person’s mental or physical faculties were 
impaired by such use to a noticeable or perceptible 
degree. 
(3) An appropriate system of evaluation, coun-
seling, treatment (if required), and supervision for 
persons convicted of drug impaired driving. 
(4) A graduated system of penalties for repeat 
offenses of drug impaired driving, including, at a 
minimum, that a third or subsequent offense within 
a 10-year period shall be a felony punishable by im-
prisonment for more than a year. 
(5) Authorization for States to suspend or re-
voke the license of any driver upon receiving a 
record of the driver’s conviction of driving a motor 
vehicle while under the influence of a controlled sub-
stance. 
(6) Provisions that require a sentence of impris-
onment imposed for any drug impaired driving of-
fense be served consecutively, not concurrently, from 
a sentence imposed for any other criminal act; ex-
cept that a sentence imposed for the same act of im-
paired driving may be imposed concurrently if the 
additional conviction was based on an alternate the-
ory of culpability for the same act.
SEC. 6. USE OF GRANTS TO ENFORCE DRUG IMPAIRED 
DRIVING LAWS. 
(a) GENERAL AUTHORITY.—Section 410(a)(1) of 
title 23, United States Code, is amended by inserting ‘‘and 
individuals driving while under the influence of a con-
trolled substance (as defined in section 4 of the Drug Im-
paired Driving Enforcement Act of 2004)’’ before the pe-
riod at the end of the first sentence. 
(b) MAINTENANCE OF EFFORT.—Section 410(a)(2) 
of such title is amended by inserting ‘‘and drug impaired 
driving traffic safety programs’’ before ‘‘at or above’’. 
(c) BASIC GRANT.—Section 410(b)(1) of such title 
is amended by inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) 
CONTROLLED
SUBSTANCE
PRO-
GRAMS.—The State provides for at least one of 
the following programs: 
‘‘(i) DETECTION
OF
CONTROLLED 
SUBSTANCES.—A program to detect the 
unlawful presence of a controlled substance 
(as defined in section 4 of the Drug Im-
paired Driving Enforcement Act of 2004) 
in the body of the operator of a motor ve-
hicle or on the person of any occupant of 
the vehicle, including the operator.
‘‘(ii) MODEL
STATUTE.—A program 
that adopts and enforces on a statewide 
basis, at a minimum, the mandatory provi-
sions of the model drug impaired driving 
statute developed by the Secretary under 
section 5 of the Drug Impaired Driving 
Enforcement Act of 2004. 
‘‘(iii) 
COUNSELING
AND
TREAT-
MENT.—A program to ensure that individ-
uals who are convicted of drug impaired 
driving are provided counseling and treat-
ment as necessary. 
‘‘(iv) TRAINING.—A program to train 
law enforcement officers and prosecutors 
in the detection, investigation, and pros-
ecution of drug impaired driving, including 
training provided by the National Highway 
Traffic Safety Administration, the Inter-
national Association of the Chiefs of Po-
lice, or the American Prosecutors Research 
Institute in drug recognition expert tech-
niques. 
‘‘(v) EDUCATION AND RESEARCH.—A 
program to advance research in the area of 
drug impaired driving and enhance com-