Most Indianans know that a breathalyzer test or blood sample can prove intoxication and lead to a charge of operating while impaired (OWI). However, many don’t know that law enforcement officials can also prove a motorist is impaired by marijuana and may do so while building a charge of OWI.
How Law Enforcement Officials May Prove a Marijuana OWI
Code § 9-30-5-1 specifies that motorists in Indiana can face a charge of OWI for operating 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.”
This definition gives a hint about how law enforcement officials may prove (or purport to prove) a marijuana-related DUI, as they may use:
There are potential flaws in each of these approaches. Your attorney may argue that marijuana in your system does not necessarily mean you were impaired when contacted by police officers. Drug recognition experts’ opinions are not gospel, and possession of marijuana does not necessarily mean you were impaired while driving.
Call Razumich & Associates Today for a Capable Defense to a Marijuana OWI Charge
The penalties for OWI can include revocation of your license, probation, jail time, or even prison time (depending on the circumstances). Allow a seasoned Indiana criminal defense lawyer to fight the serious consequences of an OWI conviction.