Can You Get a DUI for Prescription Drugs? Understanding Impaired Driving Laws
Driving under the influence (DUI) is a serious offense in Indiana, and many people are aware that alcohol can impair driving abilities, leading to DUI charges. However, fewer people are aware that prescription drugs can have the same effect.
While prescription medications are legally obtained, their side effects can significantly impair a driver’s ability to operate a vehicle safely, leading to potential DUI/OWI charges.
A DUI/OWI lawyer can help you understand your rights and defend against charges by investigating the circumstances of your arrest, the evidence presented, and the potential for reducing or dismissing the charges.
At The Nice Law Firm in Indianapolis, Indiana, we offer personalized legal services and comprehensive defense strategies for those facing DUI/OWI charges related to prescription drugs.
Let’s explore how prescription drugs affect driving, the laws surrounding DUI/OWI in Indiana, and the importance of seeking the help of a qualified DUI/OWI attorney if you're facing such charges.
The Legal Definition of DUI/OWI in Indiana
In Indiana, driving under the influence isn’t just limited to alcohol consumption. It also includes any substance that impairs your ability to drive safely, such as prescription drugs. The legal definition of DUI/OWI (Operating While Intoxicated) in Indiana refers to operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or more.
However, this applies to more than just alcohol. If a driver’s ability to operate a vehicle is impaired due to the influence of alcohol, drugs (prescription, over-the-counter, or illicit), or any other controlled substance, they can be charged with DUI/OWI.
Prescription drugs, when misused or taken in combination with alcohol, can lead to impairment that affects a person’s reaction time, judgment, coordination, and overall ability to drive. As a result, a driver who is under the influence of prescription medications may face the same DUI/OWI charges as one who is impaired by alcohol.
Key factors that can lead to a DUI/OWI charge include:
Driving with a BAC of 0.08% or higher
Operating a vehicle under the influence of prescription drugs
Impaired driving due to over-the-counter medications
Driving while intoxicated due to illegal substances
The law doesn’t make exceptions for prescription medications, which means that even if you’re taking a medication prescribed by your doctor, you could still be charged with DUI/OWI if your driving is impaired. Transitioning into the next section, we’ll discuss how prescription medications can impair your ability to drive.
How Prescription Drugs Affect Your Ability to Drive
Prescription drugs are often used to treat medical conditions, but their side effects can impair a person's ability to drive. The impact of prescription medications can vary depending on the type of medication, the dosage, and the individual’s reaction to it.
Some medications, particularly those that affect the central nervous system, can impair motor skills, alter judgment, and slow reaction times, all of which are crucial for safe driving.
Common types of prescription drugs that can impair driving include:
Opioids: These pain-relieving medications can cause drowsiness, dizziness, and difficulty concentrating, all of which increase the risk of accidents.
Benzodiazepines: Used to treat anxiety and insomnia, benzodiazepines can cause sedation, dizziness, and blurred vision.
Antidepressants: Certain antidepressants can affect coordination, reaction times, and cause drowsiness.
Muscle relaxants: These can impair motor skills and cause a lack of alertness while driving.
When combined with other substances, like alcohol, the effects of prescription drugs can be even more dangerous. Even if a medication is taken as prescribed, it can still impair a driver’s ability to operate a vehicle safely.
It’s important to note that drivers who are under the influence of prescription drugs may not even realize they’re impaired. This can lead to accidental violations of DUI/OWI laws. Therefore, it’s essential to consult your doctor and carefully review any potential side effects that may affect your ability to drive.
In the next section, let’s explore how Indiana law addresses prescription drug impairment and DUI/OWI charges.
Indiana’s Laws on DUI/OWI and Prescription Drugs
Indiana law is clear when it comes to impaired driving. The state has a zero-tolerance policy for operating a vehicle while impaired by drugs, including prescription medications.
This means that if you’re stopped by law enforcement and are suspected of being under the influence of prescription drugs, you can be charged with DUI/OWI, even if the drugs were legally prescribed to you.
DUI/OWI charges related to prescription drugs can be based on:
Observed impairment: If a police officer notices signs of impairment, such as slurred speech, erratic driving, or difficulty performing field sobriety tests, they can arrest a driver for DUI/OWI.
Blood tests: If a driver is suspected of being under the influence of prescription drugs, a blood test may be administered to detect the presence of drugs in their system.
Prescription drugs or illegal substances: Whether a driver is impaired by legally prescribed drugs or illegal drugs, they can face DUI/OWI charges.
Indiana law allows for the use of blood, urine, or breath tests to detect the presence of alcohol or drugs in a driver’s system. If prescription drugs are detected in a driver’s blood and impair their ability to drive, they can face DUI/OWI charges.
Penalties for DUI/OWI in Indiana can include:
Fines: Ranging from $500 to $5,000, depending on the severity of the offense.
License suspension: Typically for 180 days or longer.
Jail time: Up to 1 year for a first offense, with longer sentences for repeat offenders.
Probation: A court may place the driver on probation and mandate drug or alcohol counseling.
These penalties can be severe, which is why it’s crucial to understand the potential consequences of prescription drug impairment and DUI/OWI charges in Indiana.
As we transition to the next section, let's explore what to do if you’re charged with DUI/OWI due to prescription drugs.
What to Do If You’re Charged With DUI/OWI for Prescription Drugs
If you’re charged with DUI/OWI for prescription drug impairment, it’s critical to seek legal assistance as soon as possible. A DUI/OWI charge can have serious consequences for your personal life, driving privileges, and career. In Indiana, a DUI/OWI attorney can help defend your rights and work to reduce or eliminate the charges.
Here are the steps to take after a DUI/OWI charge:
Consult with a DUI/OWI attorney: An attorney can evaluate the specifics of your case and determine if the arrest was lawful or if there are grounds to challenge the charges.
Gather evidence: Your attorney may ask you to gather evidence such as medical records, prescription history, or witness testimony that can support your case.
Evaluate the testing process: Blood, urine, or breath tests are commonly used to detect the presence of drugs, but these tests aren’t always accurate. Your attorney can review the results to make sure they were properly administered and that they accurately reflect your condition at the time of the arrest.
Consider medication side effects: If you were taking prescription medications as prescribed, your attorney can help argue that the medications alone may not have been sufficient to impair your ability to drive.
It’s important to note that a DUI/OWI charge isn’’t the same as being found guilty. A qualified DUI/OWI attorney can help challenge the evidence and work toward getting the charges reduced or dropped.
Now that we have discussed what to do after an arrest, let’s take a look at some potential defenses for DUI/OWI cases involving prescription drugs.
Potential Defenses for DUI/OWI Charges Involving Prescription Drugs
In Indiana, a DUI/OWI attorney can present several defenses if you’re charged with impaired driving due to prescription drugs. These defenses can vary depending on the circumstances of your case and the evidence against you. Common defenses include:
No impairment: Your attorney may argue that the prescription drug didn’t impair your ability to drive or that the impairment was minimal.
Medical necessity: If you were legally prescribed the medication and were following your doctor's instructions, your attorney may argue that you were using the medication as directed and that its effects weren’t intended to impair your driving ability.
Improper testing: There could be issues with how your blood, urine, or breath test was conducted. For example, improper handling of samples or equipment malfunction could lead to inaccurate test results.
Lack of probable cause: If the arresting officer didn’t have a valid reason to stop or arrest you, your attorney can challenge the lawfulness of the arrest.
By utilizing these defenses, a skilled DUI/OWI attorney can help you manage your case and protect your rights. In some situations, charges can be reduced, or the case can be dismissed altogether.
Speak to a Defense Lawyer Today
A skilled criminal defense attorney can help defend your rights and work to reduce the consequences of the charge. If you need legal guidance, contact us at The Nice Law Firm. We’re proud to serve clients in Indianapolis, Indiana, as well as Terre Haute, Kokomo, Martinsville, Lebanon, and Greensburg.
