May 20, 2025 | Indiana Law

Indiana's 2025 DUI Law Amendments

A DUI charge is most commonly associated with imbibing alcohol before driving, but new laws across the United States are addressing other forms of intoxication. Specifically, Indiana’s 2025 DUI law amendments target those who use THC products before getting on the road. 

Here’s what you need to know about how these laws could impact you and how qualified Indiana DUI attorneys can help you defend your rights.

In January 2025, the Indiana legislature introduced House Bill 1119 to add official legal limits for drivers who have tetrahydrocannabinol (THC) in their systems. Currently, if you have any detectable amount of THC in your blood, officers can charge you with DUI. The new bill will establish allowable limits and clarify what tests authorities can use.

The existing law is considered “per se,” allowing an officer to arrest you as impaired if you have any THC, even though you may not actually be impaired. The legal limit where alcohol is known to affect your driving ability is 0.08% blood alcohol concentration (BAC). By creating a new limit for THC, lawmakers hope to standardize how these drivers are treated and the testing procedures used to test them. 

The bill defines the new THC legal limit as five nanograms and requires authorities to use a “qualified test,” which is an oral fluid (saliva) test using a Dräger DrugTest 5000 or a SoToxa Oral Fluid Mobile Test System. These results can be used as evidence in court. Having a defined legal limit may reduce the time and expense of arresting and prosecuting drivers who were not actually impaired. 

This DUI Law Goes Into Effect July 1, 2025

House Bill 1119 passed the Indiana House in February 2025 and is on its way to the Senate. Assuming it passes there and the Governor signs it into law, authorities can begin enforcing this new THC limit on July 1, 2025. If you are a regular user of any cannabis variations, such as THC, hemp, and Delta strains, as discussed by the American Cancer Society, you should be aware of your legal rights and potential defense strategies if you are arrested for DUI.

Potential DUI Defenses if You’re Arrested for THC DUI

If you’ve never been arrested for DUI, you may be unsure how to defend yourself against the charges. Because the consequences of a conviction are harsh, it’s wise to work with a DUI attorney who can help you identify ways to get your charges reduced or dismissed. Some potential techniques for a first-time DUI defense may include:

  • Doctor’s prescription: Legal marijuana use. 
  • Inaccurate saliva test results: Errors in test administration or device calibration.
  • Chain of custody issues: Possible evidence tampering or mishandling.
  • Rights violations: Failure to follow legal procedures during arrest.
  • Inadmissible evidence: Forced confessions or unlawfully obtained evidence.

An amendment to House Bill 1119 allows saliva tests detecting THC in your system to be used against you in court, under certain circumstances. By working with a skilled attorney, you have the strongest chance of avoiding DUI penalties. 

Current DUI Guidelines in Indiana You Should Know

At present, Indiana DUI laws consider a driver intoxicated when they have a BAC of 0.08%. However, if you test higher than that level or have previous DUI arrests, there are substantial penalties, including:

  • 0.08-0.15 BAC: Class C misdemeanor, with a 30-day license suspension, vehicle search, arrest, and jail
  • BAC higher than 0.15: If your BAC is higher than 0.15, you’ll be charged with a Class A misdemeanor
  • First DUI conviction: Court costs and fees of at least $300, fines up to $5,000, up to one year in jail, up to two years license suspension, mandatory substance abuse training, urine and drug testing
  • Second DUI conviction: Prison sentence between five days and up to three years, fines up to $10,000, license suspension between 180 days and two years, substance abuse training, community service, urine and drug testing
  • Third or more DUI conviction: Imprisonment for at least 10 days and up to three years, license suspension for one to ten years, additional imprisonment as a habitual offender, substance abuse training, and probation as above.

An experienced criminal defense lawyer can help you fight back against DUI charges.

A DUI Defense Lawyer Can Help

If you’re arrested under these new laws, it’s important to seek the help of an experienced Indiana DUI attorney who can help you navigate the complexities of defending against DUI charges. With the right legal support, you may be able to challenge inaccurate test results, rights violations, or other factors that could impact your case.

If you’re arrested under these new laws, it’s important to seek the help of an experienced Indiana DUI attorney who can help you navigate the complexities of defending against DUI charges. With the right legal support, you may be able to challenge inaccurate test results, rights violations, or other factors that could impact your case.

Contact the Indianapolis Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today

For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.

Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000,
Indianapolis, In 46204
(317) 759-2599