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Indiana

Felony DUI

Second offense

DUID Zero Tolerance and Per Se Laws

Zero tolerance for some drugs

Cannabis Drug-Impaired Driving Laws

Zero tolerance for THC and metabolites

DUI Child Endangerment Laws

Statute without enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Five years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

Habitual Offender Law Enacted

Drug Evaluation and Classification Program

151-250 DREs

DUI Courts - Standalone

No DUI Courts

DUI Courts - Hybrid

11-20 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)

DUID: Implied Consent Testing Methods

Blood, urine, and other bodily substances

DUID Affirmative Defense

Affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

Enacted Drunk Driving Legislation

Lower BAC legislation

No legislation introduced

Low BAC

Low BAC may be considered with other evidence

CARS Implementation

active

2017 New Impaired Driving and Underage Drinking Laws

Alcohol-impaired Driving Legislation

Ignition Interlocks

Discretionary

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

No license suspension

False Identification - Point-of-Sale Policies

Distinctive License & Seizure Law

No Refusal Programs

Has legal authority to implement No Refusal program

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

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.

Blood

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.

Urine

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.

Oral Fluids

No
Statute does not mention oral fluids specifically, but oral fluid is an “other bodily substance”

Other

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.

DUI Statutes

Drugs

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

Combined/Multiple Substance

No Data Available
No Data Available

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

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

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

No Data Available

Criminal Trial

Yes

ALR Laws

Cannabis

IC 9-30-6 - Learn More
The Bureau of Motor Vehicles "administratively" suspends drivers' licenses

Length/Time of Restriction

IC 9-30-6 - Learn More
180 days for failing chemical test; one year for refusal to take a chemical test

Hardship License Available

IC 9-30-6 - Learn More
Must file a petition

Random Drug Testing or Ignition Interlock Requirements

Cannabis

IC 9-30-8-1 - Learn More
Interlock requirements are at the discretion of the courts.

Other Drugs

IC 9-30-8-1 - Learn More
Interlock requirements are at the discretion of the courts.

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

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

Cannabis Per Se Statute

No statute

Threshold

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

Nanogram Limit

None

DUI Standards

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.

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available
No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

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.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

No

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No additional penalties

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

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).

Statutes with THC Listed as Delta 8, 9, 10, or 11

Indiana Code Section 35-48-4-11 et. seq. (marijuana) - Learn More
Tetrahydrocannabinols are scheduled 1 controlled substance.

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

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.

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

Yes

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

None

Underage Cannabis Laws and Penalties

Underage Possession

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

Underage Consumption

IC 31-30 - Learn More
At the discretion of the court

Underage Purchase

IC 31-30 - Learn More
At the discretion of the court

Underage Attempt to Purchase

IC 31-30 - Learn More
At the discretion of the court

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

No exemptions

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

IC 35-45-1-5(a)(3)

Drugs

IC 35-45-1-5(a)(3)

Penalties for Retailers Who Knowingly Sell to People Under 21

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.

Other

No Data Available