When it comes to DUI charges, most people immediately think of alcohol or illegal drugs. But what about prescription medication? Can you be charged with a DUI in Indiana for using the medicine prescribed to you by your doctor?
As any experienced Indiana DUI lawyer can tell you, the answer is yes. This blog will look at the law in Indiana and how the use of prescription medication can result in intoxication.
DUI Charges and How Indiana Defines Intoxication
Indiana’s DUI laws are based on the driver’s alleged state of intoxication. This refers to an impaired condition of thought and action and the loss of normal control of a person’s faculties. Intoxication can result from the consumption of:
- alcohol;
- a controlled substance;
- a drug other than alcohol or a controlled substance;
- toxic vapors or nitrous oxide;
- a combination of substances described above; or
- any other substance, not including food and food ingredients, tobacco, or a dietary supplement.
This is a very broad definition.
Intoxication Requires Impairment
To prove intoxication in a DUI case, the prosecutor needs to show that the driver was in an impaired condition while driving. Impairment can result from many things, including prescription medication. Validly prescribed drugs such as Ambien and Xanax carry warnings about driving or operating heavy machinery, which makes it all the easier for the State to prove impairment, and thus intoxication.
You can also face DUI charges based on a medication such as Adderall, which is classified as a Schedule II narcotic. In Indiana, it’s a Class C misdemeanor to operate a vehicle with a Schedule I or Schedule II controlled substance or its metabolite in your blood—even if you’re not actively intoxicated. If you’re facing DUI charges based on the use of prescription medicine, you owe it to yourself to speak to an Indiana DUI lawyer about the possibility of an affirmative defense.
The Valid Prescription Defense
If your prescription medication comes with a label that advises you not to operate heavy machinery or drive, it’s 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.
This is important because Indiana allows for the possibility that a DUI defendant was simply following their doctor’s instructions. It’s a valid defense to the charge of operating with a Schedule I or Schedule II narcotic (or its metabolite) in your blood if you consumed the controlled substance in accordance with a valid prescription or order of a practitioner who acted in the course of the practitioner’s professional practice.
This means you have a strong defense if you were not intoxicated and your DUI charges are based on controlled substances for which you have a valid prescription. An affirmative defense, however, is something you need to raise in court. It doesn’t keep you from being arrested in the first place. In order to properly raise an affirmative defense, you’ll want to speak to an experienced Indiana DUI lawyer.
Don’t Delay, Reach Out Today
A DUI charge is a serious matter, even if you have a valid prescription and a note from your doctor. If you have questions about a DUI charge while on prescription drugs or any other aspect of Indiana DUI law, the Marc Lopez Law Firm is here to help.
Whether it’s a misdemeanor or a felony case, anyone who’s facing DUI charges needs the help of an experienced Indiana DUI lawyer. The attorneys at the Marc Lopez Law Firm have the experience, the insights, and the defensive strategies to help you achieve the best possible outcome for your case. Give us a call at 317-632-3642 and remember—always plead the 5th!
