Most people think OWI or operating while intoxicated charges only happen after someone drinks alcohol. But Indiana law covers much more than that. You can face driving charges without drinking a drop of alcohol at all.
Intoxication beyond drunk driving
State law says impairment or intoxication happens when any substance makes you lose normal control of your thinking or physical actions. As such, intoxication can also happen because of drugs.
Prescription medicines, over-the-counter drugs and illegal substances may all result in the same serious penalties for drunk driving. You can face OWI charges as long as you took something that affects driving safety, even if a doctor prescribed the drug legally.
Proving drugged driving without breathalyzers
Alcohol has a clear limit of .08% BAC, but drugs don’t have specific number limits. This makes proving drugged driving a much more difficult task.
For many drugs, especially prescription medications, there isn’t a clear level that always equals impairment. Prosecutors need to use other methods to gather evidence of impairment, such as:
- Walking and balance tests: Officers watch how well you can follow directions and maintain balance
- Physical signs: Red eyes, slurred words or strange behavior becomes evidence
- Blood or urine tests: Lab results show what substances are in your body
- Medicine records: Prosecutors may get your medical records to show what prescriptions you take
- Witness statements: Passengers or other drivers might describe how you acted
Different evidence types are often needed to build a case without alcohol numbers. Even blood or urine drug tests alone may not offer solid evidence. These test results can reflect drug use from days before, not just at the time of driving.
Indiana penalties for drugged driving
Indiana treats drugged driving with the same serious penalties as drunk driving. First-time offenders can face:
- Up to one year in jail
- Fines of up to $5,000
- License suspension of at least 180 days
Second offenses bring harsher punishment, with longer jail time and suspensions extending to two years. These penalties apply whether your impairment came from prescription medications, marijuana or other drugs.
Carelessness may result in drugged driving
Remember, state laws focus more on unsafe driving, and less on what caused it. This means even your regular medicines can lead to the same penalties as illegal drugs as long as they negatively affect your driving.
Always read warning labels and talk with your doctor about driving after taking medicines. Legal prescriptions taken at the wrong time may lead to charges that risk damaging your career and reputation.