1. Can you get an OVWI in Indiana if you smoked marijuana days ago?
Yes. Indiana law allows drivers to be charged with operating a vehicle while intoxicated (OVWI) even when they no longer feel high.
Under Indiana Code § 9-30-5-1(c), operating a vehicle with certain controlled substances or their metabolites in your blood is generally a Class C misdemeanor.
Marijuana metabolites can remain detectable long after the intoxicating effects disappear. This means a driver who consumed marijuana several days earlier could still face criminal charges, even without evidence of impaired driving.
2. Can you get an Indiana DUI for marijuana you legally used in Michigan or Illinois?
Yes. Legal marijuana consumption in Michigan or Illinois does not automatically protect you from Indiana’s OVWI laws.
Both neighboring states permit recreational marijuana use by qualifying adults. Indiana follows different rules.
For example, you could legally consume marijuana in Michigan on Saturday and drive through Indianapolis on Tuesday. If a blood test identifies a prohibited marijuana-related substance or metabolite, you could face an OVWI charge.
Indiana’s controlled-substance driving law generally does not require prosecutors to prove actual impairment under this provision. Where you consumed the marijuana does not eliminate that risk.
3. Can you fight an Indiana marijuana OVWI charge if you weren’t impaired?
Yes. Indiana provides an affirmative defense for certain marijuana-related OVWI charges.
Under Indiana Code § 9-30-5-1(d), the defense requires establishing two conditions:
- You were not intoxicated.
- You did not cause a traffic accident.
For example, suppose another driver rear-ends you while you’re completely sober. Police subsequently discover marijuana metabolites from several days earlier.
You may qualify for the statutory defense. However, an affirmative defense does not automatically prevent arrest or prosecution. It must be raised and supported during the legal proceedings.
4. How can an Indiana OVWI lawyer challenge a positive THC blood test?
An Indiana OVWI defense lawyer can challenge the reliability of blood-testing evidence by examining laboratory procedures, equipment records, and sample handling.
One important step involves requesting the litigation package from the Indiana Department of Toxicology.
These records can help determine whether:
- Testing equipment was properly calibrated.
- Blood samples were correctly stored and handled.
- Laboratory analysts followed required procedures.
- The underlying scientific data supports the reported results.
A positive test does not automatically establish that every laboratory procedure was reliable. Problems with testing or evidence handling may provide grounds to challenge the prosecution’s evidence.
5. Should you tell Indiana police that you used marijuana several days ago?
You generally do not have to answer police questions about past marijuana consumption that could incriminate you.
The Fifth Amendment protects individuals against compelled self-incrimination.
Telling an officer you legally smoked marijuana last weekend could provide information used during an OVWI investigation.
You can politely invoke your right to remain silent and request an attorney.
However, refusing to answer questions is different from refusing a lawful chemical test. Indiana’s implied consent laws impose separate consequences for chemical test refusals, including potential driver’s license suspensions.
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