State Rep. Lucas had THC in his blood night of crash - Shanghai Testing Machine Co.,Ltd

by: Tyler Haughn

Posted: Jul 7, 2023 / 05:38 PM EDT

Updated: Jul 8, 2023 / 10:24 AM EDT

JACKSON COUNTY, Ind. — Indiana State Representative Jim Lucas reportedly had THC in his blood the night he was arrested for operating a vehicle while intoxicated and leaving the scene of an accident in Seymour.

According to a state toxicology report, Lucas provided a blood sample that featured 14 nanograms of THC per millimeter of blood. Most states consider an individual to be impaired when they possess a THC concentration level of 5 nanograms per millimeter of blood.

Despite these new findings, Lucas is set to face the same consequences meted out to him during his hearing in Jackson Superior Court II last month.

Lucas received a sentence of 60 days in jail for operating while intoxicated and 180 days for leaving the scene of an accident, but those sentences were suspended.

Lucas was instead placed on 365 days of probation and ordered to pay $3,929.62 in restitution fees to the Indiana Department of Transportation by Judge Bruce MacTavish. However, this can be concluded after 180 days if Lucas completes the listed terms of the probation. The agreement includes several provisions, including the suspension of Lucas’ license for 60 days.

He will still be permitted to drive for business-related purposes Monday through Friday between 7 a.m. and 7 p.m. until August 11. He must also participate in an alcohol and drug abuse program.

Lucas also entered a guilty plea to a Class C misdemeanor charge of operating while intoxicated as a first offense with no endangerment and a Class B misdemeanor charge of leaving the scene of an accident.

Jackson County Prosecutor Jeff Chalfant said that he would have likely charged both counts if he had the toxicology results sooner. However, Indiana statute equates driving a vehicle with excessive blood alcohol levels due to alcohol consumption as the same offense as driving with a schedule I or II controlled substance.

Chalfant attributed this to “double jeopardy”, a term used to describe a situation when an individual is prohibited from being charged twice for the same crime.

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