If you have been charged with a marijuana OWI in Indiana, then the stakes are high. Indiana’s drug and drugged driving laws are strict. Driving under the influence of a controlled substance, including marijuana, can land you in jail. If someone is killed while you are driving under the influence, you can face a prison sentence of up to 10 years. 

Marijuana is still illegal in Indiana, but neighboring states have passed legislation authorizing the recreational use of the substance. It is easy for an Indiana resident to purchase marijuana in one of these neighboring states, bring it into Indiana, and then get pulled over for a minor traffic infraction. 

If you are charged with marijuana possession, you can face a misdemeanor possession charge, potential jail time, many hours of community service, court fees and fines, and suspension of your driving privileges. 

Understanding Marijuana and DUI Laws in Indiana

After certain types of accidents, every driver would be required by law to submit to a chemical test. Marijuana is unlike alcohol in that the metabolites can remain in your system for up to a month after the last time you ingested. For this reason, you may be required to take a blood test that shows that you have marijuana in your system, even if you were not high at the time of the accident. So, if you’re involved in an accident in which someone is seriously injured or killed, you may be required to take a blood test to prove that you were sober. If you recently smoked marijuana, you won’t be able to prove that you were sober at the time of the crash. This is precisely the type of scenario that requires an Indiana OWI attorney. 

In 2021, the Indiana legislature introduced a defense for individuals who were charged with driving under the influence of a controlled substance or its metabolite in their blood. The defense applies specifically to those who are charged with OWI after a marijuana metabolite has been found in their system.

In Indiana, after an accident, drivers may have to submit to a chemical test. An individual could test positive for THC even weeks after being impaired. This can result in a felony charge if they are involved in an accident that causes injury or death. However, drivers found with a marijuana metabolite in their system can raise the following defense if they meet the following conditions:

• The person was not intoxicated at the time of the accident
• The person did not cause the traffic accident
• The substance was identified by means of a chemical test

In other words, the defendant must establish that the test was administered following an accident that was not their fault. The individual then tested positive for THC. The individual did not show signs of impairment at the time of the accident. When these conditions are met, the individual has a valid defense to operating a motor vehicle with marijuana in their bloodstream. 

Talk to an Indiana Marijuana OWI Attorney Today

Chris Arrington represents the interests of those charged with OWI/DUI in Indiana. Call our office today to schedule an appointment, and we can begin preparing your defense immediately.