Prescription Medications and DUIs in Indiana: What You Need to Know

When most people think about operating a vehicle while intoxicated (OVWI), or DUIs, they often associate it with alcohol or illegal drugs. However, Indiana’s OVWI laws extend far beyond these substances. Did you know that you can be charged with OVWI even if the intoxicating substance in your system is a prescription medication? If that medication impairs your ability to operate a vehicle safely, you could face serious legal consequences.

This blog breaks down how Indiana’s OVWI laws apply to prescription medications, the potential consequences of these charges, and why you need an attorney to help you navigate the legal system.

What Is an OVWI in Indiana?

Indiana law defines OVWI as operating a vehicle while intoxicated, which can mean being under the influence of alcohol, illegal drugs, or any substance—legal or otherwise—that impairs your ability to drive. The key factor is not whether the substance is legal but whether it affects your mental or physical faculties.

There are several levels of OVWI charges based on the degree of impairment or the substances found in your system:

1. Standard OVWI: Impairment from alcohol or drugs.
2. Per Se OVWI: Blood Alcohol Content (BAC) of 0.08% or higher.
3. Controlled Substances OVWI: Having certain drugs in your system, even without impairment.

How Prescription Medications Lead to OVWI Charges

You might assume that a prescription from your doctor provides immunity from an OVWI charge, but that’s not the case. Here’s how prescription medications can result in legal trouble:

1. Impairment-Based Charges

Even when taken as directed, some medications can impair your reaction time, decision-making, or motor skills. Common culprits include:

• Sedatives (e.g., Xanax, Ambien)
• Painkillers (e.g., Oxycodone, Hydrocodone)

If you’re pulled over and found to be driving erratically or dangerously, the police may perform a chemical test. If it shows that you were impaired by a prescription drug, you can be charged with OVWI.

2. Combining Alcohol and Prescription Drugs

Mixing even a small amount of alcohol with prescription medication can create a dangerous level of intoxication. You may not feel impaired, but your BAC combined with the effects of the medication can make you a risk on the road.

Legal Consequences of OVWI Charges

An OVWI conviction in Indiana carries severe penalties, even for first-time offenders. These penalties can include:

• Fines: Up to $500 for a Class C misdemeanor or higher amounts for enhanced charges.
• License Suspension: A license suspension of up to one year even for a misdemeanor. .
• Jail Time: Potential jail sentences ranging from a few days to years, depending on the severity of the charge and prior offenses.
• Probation or Community Service: Court-mandated requirements to complete programs, counseling, or community service.
• Ignition Interlock Devices: You may be required to install a device that prevents your car from starting if alcohol is detected on your breath.

Additionally, a conviction can have long-term impacts on your career, reputation, and insurance rates.

How Prosecutors Prove an OVWI

Impairment-based OVWI / DUI  cases often rely on:

• Field Sobriety Tests: Police use these roadside tests to assess your coordination and balance.
• Chemical Tests: Blood, breath, or urine tests are used to detect alcohol or drugs in your system.
• Witness Testimony: Police officers may testify about your behavior, appearance, or driving.

Defending Against OVWI Charges

Being charged with OVWI doesn’t mean you’re automatically guilty. An experienced attorney can help you build a defense based on:

1. Challenging Evidence

Breath and blood tests can be flawed due to improper handling, contamination, or timing. Your attorney can examine whether the evidence was collected and processed according to strict legal standards.

2. Proving Legal Use

If you have a valid prescription and were taking your medication as directed, this may mitigate the charges. Your attorney can work to demonstrate that your medication did not cause impairment.

3. Identifying Procedural Errors

Police must follow specific procedures during traffic stops, field sobriety tests, and arrests. Any deviation from protocol can lead to evidence being excluded or charges being reduced.

4. Exploring Plea Options

In some cases, your attorney may negotiate a plea deal to reduce the charges or penalties, such as entering a diversion program or receiving a lesser charge like reckless driving.

Why You Need a Defense Attorney

OVWI cases involving prescription drugs are complex. The law doesn’t differentiate between legal and illegal substances when it comes to impairment or the presence of controlled substances in your system. A skilled attorney will help you:

• Understand the charges against you.
• Navigate Indiana’s legal system.
• Build a defense tailored to your unique circumstances.

At the Marc Lopez Law Firm, our team has extensive experience handling OVWI cases. We understand how to challenge the state’s evidence, protect your rights, and fight for the best possible outcome.

What to Do If You’re Charged with OVWI

If you’re facing OVWI charges, here are three immediate steps to take:

1. Remain Silent: Politely decline to answer questions from law enforcement until you’ve spoken with an attorney.
2. Document Everything: Write down everything you remember about the traffic stop, including what you were doing before, during, and after the stop.
3. Contact an Attorney: Time is critical in building a strong defense. Call the Marc Lopez Law Firm at 463-946-0521 for a free consultation.

Protect Your Rights

Facing an OVWI charge for prescription medication can be overwhelming, but you don’t have to face it alone. At the Marc Lopez Law Firm, we’re here to help you understand your options, build a strong defense, and protect your future.

Don’t wait—contact us today for a free consultation. Let’s fight these charges together and work toward the best outcome for your case.

Make The Right Call

Whether you’re dealing with an OVWI charge involving alcohol, illegal drugs, or prescription medication, the Marc Lopez Law Firm has the experience and dedication to fight for you. Call 463-946-0521 now, and remember—always plead the Fifth!