The quick answer is yes.

You can face an OWI charge in Indiana involving marijuana.

But marijuana OWI cases do not always work the same way as alcohol cases.

There may not be a simple number like .08 that decides the issue.

Instead, the blood test, driving behavior, officer observations, video footage, and other evidence can all matter.

How Can Marijuana Lead to an OWI?

Indiana law prohibits operating a vehicle while intoxicated.

That definition can include being under the influence of a controlled substance when it causes impairment of thought and action and a loss of normal control of a person's faculties.

Indiana also has a separate law involving operating a vehicle with certain Schedule I or II controlled substances, or their metabolites, in the blood.

Marijuana-related cases can therefore involve more than one legal theory.

Is There a Legal THC Limit Like .08 for Alcohol?

Not in the same way.

Alcohol OWI cases often revolve around familiar numbers such as .08 or .15.

Marijuana cases are different.

A blood test may show THC or a marijuana metabolite, but the rest of the evidence may still be extremely important.

That may include:

• How the person was driving
• Officer observations
• Field sobriety tests
• Statements made during the stop
• Body camera footage
• Dash camera footage
• Blood test results
• The timing of marijuana use

Does THC in My Blood Automatically Mean I Was Intoxicated?

Not necessarily.

Indiana law specifically provides a defense to the separate controlled-substance-in-the-blood offense involving marijuana when certain requirements are met, including that the person was not intoxicated and did not cause a traffic accident.

That makes the distinction between presence and impairment important.

A marijuana-related OWI case should not be evaluated based on one laboratory result alone.

Why Video Evidence Can Matter

Body camera and dash camera footage can be especially important in a marijuana OWI case.

The video may show:

• How the person was speaking
• Whether instructions were followed
• How the person walked or stood
• How field sobriety tests were performed
• What the officer actually observed
• Whether the video matches the police report

The State may rely heavily on observations of impairment, so seeing what actually happened can matter.

What If I Used Marijuana Earlier?

Timing can become an important issue.

A blood test may show that marijuana or a metabolite was present, but the investigation still needs to be reviewed in context.

Questions may include:

• When was marijuana allegedly used?
• What did the blood test actually identify?
• What signs of impairment did the officer claim to see?
• What does the video show?
• How was the vehicle actually being driven?

Those details can matter when evaluating the case.

What About Whitley County?

In our experience, Whitley County takes OWI cases seriously.

You should not assume a marijuana-related OWI will simply go away because alcohol was not involved.

At the same time, the evidence still matters.

The blood results, video footage, driving behavior, field sobriety testing, officer observations, and circumstances of the stop should all be reviewed.

Charged With OWI in Whitley County?

At Baber & Baber, P.C., we help clients in Whitley County and Northeast Indiana understand OWI charges involving alcohol, marijuana, prescription medication, and other substances.

We review the evidence, address license issues, and help clients understand what options may be available.



We help keep you driving legally while fighting your OWI/DUI.

Call us at 260.244.4422 (Phones answered 24/7) or send us a message online by clicking here.