Can I Get a DUI for Marijuana in Indiana?

Although Indiana uses the term operating while intoxicated (OWI) more frequently than driving under the influence (DUI), both phrases essentially mean the same thing. Simply put, you’ve been accused of operating a vehicle while inebriated. This can be caused by having a blood alcohol concentration (BAC) of 0.08 percent or more, or by having any amount of controlled substances in your system.

This is where driving with marijuana in your system will come into play, as you can be charged with an OWI in this case. Below, we discuss the penalties for a DUI conviction and possible defenses we can use in your case.

Facing a DUI Involving Drugs

If this is your first offense and you are convicted, you can expect to have your license suspended for up to 180 days, spend a maximum of sixty days in jail, pay a $500 fine, and be required to install an ignition interlock device (IID) for up to sixty days. However, if this isn’t your first conviction, you could be looking at up to two-and-a-half years in prison and fines of up to $10,000 if you are charged with a felony.

Potential Defenses

The good news is that this isn’t your typical DUI case because you haven’t been accused of driving with alcohol in your system; you’ve been accused of having marijuana in your system.

There isn’t a breathalyzer that can detect the amounts of marijuana you have in your system, and because marijuana can remain in your system for an extended period of time if you are a habitual user, you might not have been high at the time of your arrest.

Your lawyer can also argue that your stop was unlawful if law enforcement had no probable cause to pull you over. You can expect your attorney to review the circumstances of your case to determine which defense will result in the most favorable outcome.

Contact an Indiana DUI Lawyer

If you’ve been charged with a DUI for marijuana, you have options to beat your charges. You can work with a renowned Indiana DUI lawyer at Rowdy G. Williams Law Firm to build a compelling defense in your favor. Schedule your free consultation today by calling our office at 1-812-232-7400 or by filling out the quick contact form included below.