When law enforcement suspects Operating While Intoxicated (OWI) in Indiana, officers may require chemical testing through blood, urine, or breath samples. While these tests were originally designed to measure alcohol consumption, Indiana law enforcement also tests for controlled substances, including marijuana and prescription medications. Any detectable amount of drugs in your system can increase the risk of an OWI charge. If this happens, speaking with a criminal defense attorney in Indiana becomes critical to protecting your rights.
What Indiana Law Says About Drugged Driving
Indiana law defines drugged driving as operating a motor vehicle while under the influence of a Schedule I or Schedule II controlled substance. Drivers accused of OWI based on drug use are often alleged to have consumed substances such as:
- Marijuana
- Cocaine
- Methamphetamine
- Heroin
- Methadone
- Diazepam
- Ambien
Unlike alcohol, law enforcement does not have a reliable roadside test for detecting drugs. However, under Indiana’s implied consent laws, drivers arrested on suspicion of OWI must submit to chemical testing, typically blood or urine testing conducted shortly after arrest.
These tests detect drug metabolites, which are molecular indicators of prior drug use. Under Indiana law, any presence of controlled substance metabolites may be used to support an OWI charge, even if impairment at the time of driving is unclear. Drug involvement is also treated as an aggravating factor, which can result in harsher penalties than alcohol-only cases.
Despite these challenges, experienced Indiana OWI defense attorneys can still identify weaknesses in the prosecution’s evidence.
The Difference Between Drugged Driving and Drunk Driving
Consumption of various drugs besides alcohol impacts people’s ability to function safely behind the wheel of a motor vehicle. Results from a driver survey in 2019 indicated that 28.7 million people admitted to driving under the influence of illicit drugs at least once. In 2007, the National Highway Traffic Safety Administration reported that 16.3% of nighttime drivers tested positive for drugs on weekends.
Due to the prevalence of drug use while operating a vehicle, state law allows law enforcement to charge drivers impaired by drugs with OWI. Drug impairment can include:
- Reduced vision
- Inability to understand surroundings
- Reduced motor skills
- Poor judgment
- Slowed reaction time
- Bad decision making
Despite the possibility of physical and mental effects from drugs, impairment is more challenging to measure in people who have consumed marijuana or prescription medications compared to alcohol.
The presence of alcohol in a person’s body consistently produces effects such as slower reaction time and reduced motor skills. As alcohol fades from the body, normal physical and mental capabilities return.
Drugs other than alcohol have less predictable effects throughout the population. A blood test that finds evidence of drug metabolites does not directly translate into intoxication or impairment during your traffic stop. A criminal attorney defending you from an OWI charge will highlight this reality in court to remind the judge or a jury that the chemical test does not automatically mean guilt in the absence of other meaningful evidence.
Zero Tolerance for Marijuana
Marijuana presents a big problem for drivers accused of OWI because its drug metabolites remain in your body for weeks after consumption. This means that the state will still view you as an intoxicated driver even if you did not use it on the day of your traffic stop.
Unlike alcohol, there is not a legal limit for marijuana or most other controlled substances. Any amount of marijuana detected in your system is grounds for OWI conviction. This differs from alcohol because authorities must measure a blood alcohol concentration (BAC) of 0.08% or more to convict adults not operating commercial vehicles of OWI under most circumstances.
If you stand accused of OWI due to the detection of marijuana by a chemical test, consult us at Webster & Garino, LLC, about your criminal defense in Westfield. A knowledgeable advocate who can argue against the unfair application of law may persuade the court system to act leniently.
Prescription Drug OWI Defense
Indiana does not recognize marijuana as acceptable for medical use, but state law allows you to defend yourself from OWI if you are accused of taking other prescription medications. Sometimes the effects of a prescription drug catch people off guard. Perhaps your prescription affected you in an unexpected way to what your doctor told you would happen.
To succeed with this strategy, your criminal attorney must show that you used the medication in compliance with your doctor’s orders. Any deviation from medically appropriate actions could derail your defense.
Can an OWI Lawyer Help Someone Arrested for Drugged Driving?
Yes. Many of the same legal strategies used in drunk driving defense apply to drug-related OWI cases. An experienced Indiana DUI and OWI lawyer can challenge chemical testing procedures, question impairment assumptions, and protect your constitutional rights.
Even when a drug test is positive, defense options often exist, especially in prescription medication cases where evidence of misuse is weak or absent.
Do Not Face the Criminal Justice System Alone
Getting arrested is a very isolating experience, and you’re likely to be upset or embarrassed. At Webster & Garino, LLC we understand that good people make mistakes and we will be there with you throughout the entire process.
Schedule a free consultation and find out what to do next. Call our team or email the office right now.
