When it comes to DUI charges, most people immediately think of alcohol or illegal drugs. However, what about prescription medication? Can you be charged with a DUI in Indiana for simply using the medication prescribed to you by your doctor? The answer is indeed, yes. The Marc Lopez Law firm is here to clarify what that entails. In this blog, we will cover some of the intricacies of Indiana’s DUI laws with a focus on prescription medication.
DUIs and How Indiana Defines Intoxication
Indiana law permits DUI charges for any substance that leads to intoxication. This includes alcohol, illegal substances, and prescription medications. In Indiana, the legal definition of “intoxicated” is found in Indiana Code § 9-13-2-86 which states:
“‘Intoxicated’ means under the influence of:
(1) alcohol;
(2) a controlled substance (as defined in IC 35-48-1);
(3) a drug other than alcohol or a controlled substance;
(4) a substance described in IC 35-46-6-2 or IC 35-46-6-3;
(5) a combination of substances described in subdivisions (1) through (4); or
(6) any other substance, not including food and food ingredients (as defined in IC 6-2.5-1-20), tobacco (as defined in IC 6-2.5-1-28), or a dietary supplement (as defined in IC 6-2.5-1-16);
so that there is an impaired condition of thought and action and the loss of normal control of a person’s faculties.”
For intoxication, essentially, the prosecutor needs to show that an impairment of normal faculties, thought process or movement occurred while in operation of a motor vehicle. Medications, even when prescribed by a doctor, such as Ambien and Xanax, can impair an individual’s ability to operate a motor vehicle safely. Therefore, it is entirely possible for someone to face a prescription drug DUI charge in Indiana.
Additionally, medications such as Adderall, which falls under the controlled substances list as a Schedule II drug, can cause an individual to be charged with a DUI in Indiana. How is this possible? Well, in Indiana, under Indiana Code § 9-30-5-1(c):
(c) “A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s blood commits a Class C misdemeanor.”
While it is possible to be charged with a DUI, even if you are not under the influence of alcohol or illegal substances, Indiana law does provide a defense to the above section of the Indiana Code.
The Valid Prescription Defense
Indiana DUI law does provide a defense for those who have a valid prescription for the medication they are taking. Indiana Code § 9-30-5-1(d) states:
(d) “It is a defense to subsection (c) that:
(1) the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner’s professional practice;”
This means that even if you are prescribed Xanax, Ambien, Adderall, or another prescription medication or controlled substance, if you were not intoxicated at the time of the DUI charge, you have a strong and valid defense.
What to Do If Your Medication Advises Against Driving
If your prescription medication comes with a warning to not operate heavy machinery or drive, it is important to heed that warning. Whether you have been on medication for a while or are just starting a new one, always consult with your doctor or physician if you have questions about possible side effects. And, if you or someone you know is facing a DUI charge, your initial step should be to consult with an Indiana DUI lawyer.
Consult an Attorney
A DUI charge is a serious matter, even if you have a valid prescription. If you have questions about a DUI charge while on prescription drugs or any other aspect of Indiana DUI law, reach out to our criminal defense team at the Marc Lopez Law Firm. Our attorneys have extensive experience representing clients charged with DUIs under a variety of circumstances. Attempting to handle this situation alone can be overwhelming and may not yield the best results. At the Marc Lopez Law Firm, we build a strong defense tailored to your specific case, increasing the likelihood of a favorable outcome.
Don’t Delay, Reach Out Today
If you or someone you know is facing DUI charges, regardless of whether it is a misdemeanor or felony, you need a criminal defense attorney with extensive knowledge of Indiana’s DUI laws. The attorneys at the Marc Lopez Law Firm can offer insights into the nuances of your DUI case, discuss your options, and tailor a strong defense strategy for your case.
Let us be your trusted partner, ensuring that your rights are protected. At the Marc Lopez Law Firm, we are committed to guiding clients toward the best possible outcome. Don’t leave your future to chance. Call the Marc Lopez Law Firm at 317-632-3642 and remember—always plead the 5th!
