If you have been pulled over on suspicion of DUI without consuming alcohol, you may be concerned about any pending charges. While most commonly think of DUI charges only resulting from alcohol consumption, individuals can also be charged with an OWI after consuming certain drugs. Our DUI defense attorneys at Harwell Legal Counsel LLC share what you should understand about OWI charges if you are pulled over.
What Is DUI?
DUI, or driving under the influence, is a charge made when a driver is suspected to be driving over the legal blood alcohol content (BAC) of 0.08% or may be charged as an OWI if they are intoxicated by a schedule I or II drug, such as opiates, depressants, and hallucinogens. There are enhancements for underage DUI or OWI, DUI with a BAC of over 0.15%, or having a minor passenger in the vehicle.
Drug-Related DUI, or OWI
You can be charged even if you do not have a single drop of alcohol in your system because of the drug-related conditions for OWI. This is because of the included drugs’ ability to impair your bodily functions and decision-making abilities, making it unsafe for you to be on the road.
Drugs that you can be charged with a DUI if they are in your system:
- Prescription drugs, such as Adderall, Vicodin, and Oxycontin,
- And any other schedule I or II drugs in Indiana.
The above list is not exhaustive, but it shares common drugs in which many have been charged with an OWI.
Are DUI and OWI the Same?
You may be unsure of the difference between DUI and OWI charges, but it is quite simple. You might be charged with DUI if your impairment results from alcohol consumption; meanwhile, you can be charged with OWI if your impairment results from prescription, over-the-counter, or recreational drugs.
Fighting For Your Legal Rights
At Harwell Legal Counsel LLC, our attorneys understand how stressful it is to be charged with a crime. If you have been charged with a DUI or OWI, you do have legal protections. Our attorneys will review your case and help you find the best course of action for defending your legal rights and seeking the best possible outcome.