The House Courts and Criminal Code Committee heard HB 1119 on operating a motor vehicle while intoxicated authored by Rep. McNamara and Rep. Bartels. The bill provides that a person who operates a vehicle with at least five nanograms of tetrahydrocannabinol (THC) in the person’s saliva, as identified by a qualified test, commits the offense of operating a motor vehicle while intoxicated. (Current law provides that a person commits the offense if the person has any measurable amount of THC in the person’s blood.) The bill also defines “qualified test” and removes the metabolite of a controlled substance listed in schedule I or II as an element from the offense of operating a motor vehicle while intoxicated.
The bill was amended by consent to add the SoToxa Oral Fluid Mobile Test System to the definition of “qualified test”, specify that a law enforcement officer may not arrest a person solely because the person tested positive on a qualified test, provide that the results of a qualified test are admissible if certain circumstances are met and permit a laboratory technician to testify by video unless certain conditions exist, and remove other provisions of the bill. The Indiana Prosecuting Attorneys Council testified in support of the bill and the Indiana Public Defender Council testified against the bill. The amended bill passed 12-1.
Read the bill at: https://iga.in.gov/legislative/2025/bills/house/1119