Marijuana DUI in Indiana: Can You Be Charged Even If You’re Not High?

Can You Be Charged With a DUI in Indiana if You Have Marijuana in Your System?

Marijuana is legal in several states, but Indiana isn’t one of them. Unfortunately, this can lead to complications for drivers who find themselves facing DUI charges. One common misconception is that you can only be charged if you’re actively under the influence of marijuana (THC) while driving. In Indiana, that’s not entirely true. You can be charged with a Marijuana DUI even if the marijuana in your system is no longer active.

Indiana’s Stance on Marijuana DUI

In Indiana, operating a vehicle while intoxicated (OVWI) isn’t limited to alcohol consumption. If you have any amount of a controlled substance in your body while driving, you could be charged with a THC DUI, whether it’s active or inactive. THC, the psychoactive compound in marijuana, can break down into inactive metabolites, which can remain in your system for weeks after use. Unfortunately, Indiana’s laws do not differentiate between active THC and inactive metabolites when it comes to DUI enforcement.

If you’re driving and are involved in an accident where someone is severely injured, Indiana law mandates that you undergo a blood test. Even if you’re not at fault for the accident, and even if you consumed marijuana legally in another state, you could still be charged with a Marijuana DUI if THC metabolites show up in your bloodstream. This can feel incredibly unfair, but Indiana law is clear.

Why Pleading the Fifth is Crucial

At Marc Lopez Law Firm, we always advise our clients to plead the Fifth when interacting with law enforcement. You might think that being honest about your past marijuana use will help you, but in reality, it often gives officers probable cause to request a blood test, which could lead to a THC DUI charge. For example, if you casually mention, “I used marijuana last week,” you’re helping to build the case against you.

Without your admission, police need clear evidence of impairment to draw your blood. In many cases, unless you’re involved in an accident or show obvious signs of intoxication, officers won’t have enough probable cause to proceed with a blood draw. So, it’s best to stay silent, invoke your rights, and call an Indiana DUI lawyer immediately if you’re pulled over.

What Happens If You’re Charged?

If you are charged with a THC DUI in Indiana, the consequences can be serious. Even though marijuana may have been legal where you used it, Indiana law doesn’t care. Being charged with a Marijuana DUI can lead to:

• License suspension
• Fines and legal fees
• Possible jail time
• A permanent criminal record

The Marc Lopez Law Firm is here to fight for you. We understand the complexities of Indiana DUI / OVWI law and have successfully defended clients facing THC DUI charges. Our experienced attorneys know how to challenge blood test results, question the legality of the stop, and explore all options to reduce or dismiss your charges.

Key Takeaways:

• In Indiana, you can be charged with a Marijuana DUI even if the marijuana in your system is inactive, meaning you are not high or intoxicated. 
• You can face a DUI charge if you have THC metabolites in your system after an accident involving serious bodily injury.
• Always plead the Fifth when interacting with law enforcement. Don’t offer any information that could be used against you.
• If charged with a THC DUI, call the Marc Lopez Law Firm for a strong defense.

If you’re facing DUI charges in Indiana, don’t wait. Call the Marc Lopez Law Firm today at 317-632-3642, and remember—always plead the Fifth!