Second offense
Zero tolerance for some drugs
Zero tolerance for THC and metabolites
Enhanced penalties
0.15
Five years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
Habitual Offender Law Enacted
151-250 DREs
1-5 DUI Courts
11-20 Hybrid Courts
No cannabis open container law
Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)
Blood, urine, and other bodily substances
Affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
Low BAC may be considered with other evidence
active
Discretionary
Legislation
Cannabis
No license suspension
Distinctive License & Seizure Law
Has legal authority to implement No Refusal program
Oral fluid testing authorized
IC 9-30-6 (PC) Learn More and IC 9-30-7 (Crash) - Learn More
A person who operates a vehicle impliedly consents to submit to the portable breath test or chemical test under this chapter as a condition of operating a vehicle in Indiana. A person must submit to each portable breath test or chemical test offered by a law enforcement officer under this chapter to comply with this chapter.
IC 9-30-6 (PC) Learn More and IC 9-30-7 (Crash) - Learn More
IC 9-30-6-6 - Learn More IC applies if a physician or a person trained in obtaining bodily substance samples who is acting under the direction of or under a protocol prepared by a physician or who has been engaged to obtain bodily substance samples: obtains a blood, urine, or other bodily substance sample from a person at the request of a law enforcement officer who acts under this section; or performs a chemical test on blood, urine, or another bodily substance obtained from a person under this section.
IC 9-30-6 (PC) Learn More and IC 9-30-7 (Crash) - Learn More
IC 9-30-6-6 applies if a physician or a person trained in obtaining bodily substance samples who is acting under the direction of or under a protocol prepared by a physician or who has been engaged to obtain bodily substance samples: obtains a blood, urine, or other bodily substance sample from a person at the request of a law enforcement officer who acts under this section; or performs a chemical test on blood, urine, or another bodily substance obtained from a person under this section.
No
Statute does not mention oral fluids specifically, but oral fluid is an “other bodily substance”
IC 9-30-6 (PC) Learn More and IC 9-30-7 (Crash) - Learn More
IC 9-30-6-6 applies if a physician or a person trained in obtaining bodily substance samples who is acting under the direction of or under a protocol prepared by a physician or who has been engaged to obtain bodily substance samples: obtains a blood, urine, or other bodily substance sample from a person at the request of a law enforcement officer who acts under this section; or performs a chemical test on blood, urine, or another bodily substance obtained from a person under this section.
IC 9-30-5-1 - Learn More
A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 Learn More or its metabolite in the person's blood commits a Class C misdemeanor. However, the following may be used as defense against the charge: the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1Learn More who acted in the course of the practitioner's professional practice; or the: controlled substance is marijuana or a metabolite of marijuana; person was not intoxicated; person did not cause a traffic accident; and substance was identified by means of a chemical test taken pursuant to IC 9-30-7.IC 9-30-7 - Learn More
No Data Available
No Data Available
IC 9-30-6-7
& IC 9-30-6-8
Learn More IC 9-30-7-5Learn More
(9-30-6-8) One year license suspension, or two year license suspension if the person has a previous conviction for OWI
(9-30-7-5) Class C infraction; Class A infraction if the person has at least one previous conviction for operating while intoxicated. The court shall suspend the person's driving privileges for one year (2 years if the person has at least one previous conviction for operating while intoxicated); must provide proof of future financial responsibility before license reinstatement
No Data Available
Yes
IC 9-30-6 - Learn More
The Bureau of Motor Vehicles "administratively" suspends drivers' licenses
IC 9-30-6 - Learn More
180 days for failing chemical test; one year for refusal to take a chemical test
IC 9-30-6 - Learn More
Must file a petition
IC 9-30-8-1 - Learn More
Interlock requirements are at the discretion of the courts.
IC 9-30-8-1 - Learn More
Interlock requirements are at the discretion of the courts.
IC 9-30-5-1 - Learn More
A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 - Learn More its metabolite in the person's blood commits a Class C misdemeanor. However, the following may be used as defense against the charge: the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1 - Learn More who acted in the course of the practitioner's professional practice; or the: controlled substance is marijuana or a metabolite of marijuana; person was not intoxicated; person did not cause a traffic accident; and substance was identified by means of a chemical test taken pursuant to IC 9-30-7 - Learn More
No statute
IC 9-30-5-1(c) Learn More
A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood commits a Class C misdemeanor. However, the following may be used as defense against the charge: the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice; or the: controlled substance is marijuana or a metabolite of marijuana; person was not intoxicated; person did not cause a traffic accident; and substance was identified by means of a chemical test taken pursuant to IC 9-30-7
None
In Indiana, a person in guilty of DUI-marijuana if he or she if operates a vehicle while under the influence of marijuana. Those individuals who test positive for past exposure to marijuana but who are no longer under its influence…are not subject to the DUI law.
No Data Available
No Data Available
No Data Available
IC 9-30-5-15 - Learn More
First offense: Misdemeanor–0 to 365 days jail; fine of up to $500; license suspension up to 2 years; court fees of at least $300; probation up to 2 years.
Second offense: Level 6 Felony – 180 days to 2.5 years jail + 5 days incarceration or 240 hours community service; fine of up to $10,000; license suspension for 1 year (up to 2 years if refusal); probation up to 2.5 years.
Third offense: Level 6 Felony – 180 days to 2.5 years jail + 10 days incarceration or 480 hours community service; fine of up to $10,000; license suspension for 1 year (up to 2 years if refusal); probation up to 2.5 years.
Yes
No
No additional penalties
IC 9-30-5-3 - Learn More
IC 35-50-2-7 - Learn More
Level 6 Felony: imprisoned for a fixed term of between six (6) months and two and one-half (2 1/2) years, with the advisory sentence being one (1) year. In addition, the person may be fined not more than ten thousand dollars ($10,000).
Indiana Code Section 35-48-4-11 et. seq. (marijuana) - Learn More
Tetrahydrocannabinols are scheduled 1 controlled substance.
No Data Available
No Data Available
9-30-6-6(k)
A law enforcement officer who is otherwise qualified to obtain a bodily substance sample may obtain a sample from a person involved in an accident or alleged crime who is not a law enforcement officer as long as the person consents or the sample is obtained pursuant to a warrant.
No Data Available
Yes
No Data Available
No Data Available
None
IC 31-30 - Learn More
At the discretion of the court, higher quantities and older ages may be considered felonies and tried as adult; lower quantities and younger ages would be handled in Juvenile Court
IC 31-30 - Learn More
At the discretion of the court
IC 31-30 - Learn More
At the discretion of the court
IC 31-30 - Learn More
At the discretion of the court
No exemptions
No Data Available
No Data Available
IC 35-45-1-5(a)(3)
IC 35-45-1-5(a)(3)
There are no retail sales in the state. However, sale to a minor (under 18) is a Level 5 felony punishable by 1-6 years in prison and up to a $10,000 fine.
No Data Available