In Indiana, a person in guilty of DUI if he or she operates a vehicle while a controlled substance or its metabolite is present in the person's body. Ind. Code Ann. § 9-30-5-1(c) (West 2010).
NOTE: Actual impairment is not an element of this offense. Cannabis metabolites can be detected in a person's body up to one month after use, thus it is possible to be convicted of this offense weeks after a person last ingested cannabis.
It is a defense that the driver consumed the controlled substance under a valid prescription or order of a practitioner who acted in the course of the practitioner's professional practice. Id. § 9-30-5-1(d).
NOTE: A doctor's recommendation to use cannabis is NOT a valid prescription.
Indiana allows law enforcement officials to conduct roadblocks under the Federal Constitution.
Brown v. State, 744 N.E.2d 989 (2001) -- concern of the DUID statute was not how the metabolite entered the blood but rather whether a metabolite is present in said blood.
Hoornaert v. State, 652 N.E.2d 874 (1995) -- Court of Appeals could not infer that defendant had marijuana in his blood to support conviction for operating vehicle with controlled substance in his blood, even though he exhibited signs of impairment and refused urinalysis, and even if he was impaired by marijuana use.
Estes v. State, 656 N.E.2d 528 (1995) -- Urine test indicating defendant had marijuana metabolites in system was insufficient to prove that defendant had marijuana in his blood, and did not support conviction for operating vehicle with controlled substance in blood.
Radick v. State, 863 N.E.2d 356 (2007) – Evidence was sufficient to convict where defendant was operating vehicle at time of one-vehicle accident, defendant told emergency personnel that that he had used marijuana, lab tests revealed that defendant had THC in his blood.
Rhoades v. State, 675 N.E.2d 698 (1996) -- Evidence that defendant was involved in automobile accident, that pipe which smelled of burned marijuana was found on front seat of automobile, and that defendant's urine contained marijuana metabolites formed sufficient factual basis to support guilty plea to operating vehicle with controlled substance in blood.
Indiana has a zero tolerance per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances. (Indiana Code Annotated, Section 9-30-5-1 & Section 9-30-5-2)
Violating the law is punishable by up to 60 days in jail upon conviction for a first offense.