Many states with the U.S. are moving toward some form of legalization for cannabis, or marijuana. However, Indiana is not one of those states. Driving high will render you the same legal consequences as driving drunk here in the Hoosier state. But how do cops know a person is under the influence of marijuana? Testing for alcohol is a much easier process, but law enforcement is finding new ways every day to monitor and regulate the increasing amounts of high drivers.

Driving Drunk

When is a driver is suspected of being under the influence, cops simply use a variety of tests to read gauge their level of intoxication, otherwise known as blood alcohol level (BAC). This includes breathalyzer tests, which have been used since the early 1930’s, as well as, field observation tests and blood tests. Having a blood alcohol level higher than 0.08% will get you a drunk driving charge, which is a serious criminal offense in Indiana. Sadly, the majority of fatal car crashes are alcohol-related. Regulating blood alcohol levels is easy to do, and has been for quite some time, however, the story is not so similar in terms of driving high.

Driving High

Currently in Indiana, there is not an accurate, roadside equivalent test for marijuana, but there is a zero tolerance policy for driving high. And although it is more difficult to test for cannabis during a routine traffic stop, it may be possible. Officers are trained to look for a wide range of visual, physical, and behavioral signals that are known indicators of intoxication. This includes impaired speech, bloodshot eyes, lack of focus, odd behavior, residual marijuana smell (or smoke), and more. They can also implement standardized field sobriety tests (horizontal gaze nystagmus, walk and turn test, one-leg stand) to gauge a person’s reflexes and agility.

There are a variety of roadside oral fluid testing devices being tested by select law enforcement departments. These devices basically swab a person’s saliva, but they are not yet proven or even approved methods of measuring THC in Indiana. In states where recreational or medicinal marijuana are legal, it is allowed to drive with a certain, pre-determined level of THC, or Tetrahydrachloride (the chemical in cannabis that appears on drug screens). For example, Colorado allows up to 4 nanograms of THC in a drivers system, legally. Anything higher is considered intoxicated driving.

Indianapolis Criminal Defense Lawyer

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing marijuana drug charges in Indiana. Our law firm works day and night to develop a strong and impactful defense for your case. We do everything in our power to protect your rights, preserve your freedoms, and obtain the fairest outcome possible for your case. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer who will fight for you.