OWI Defense for Prescription Medications
In Indiana, drunk driving is charged as operating a vehicle while intoxicated (OWI). While other states use the statutory language of “driving under the influence,” or DUI, or “driving while impaired,” or DWI, the same type of offense is charged as an OWI in Indiana under IC 9-30-5. As in other states, regardless of the specific statutory language used to refer to intoxicated or impaired driving, a person can face OWI charges in Indiana for driving under the influence of certain drugs or controlled substances. Under IC 9-30-5-1, “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 body commits a Class C misdemeanor.”
But, you might be wondering, what if you had a valid prescription for the drug? Our Indianapolis OWI defense attorneys can tell you more about defenses for drugged driving involving prescription medications.
What Are Schedule I and II Controlled Substances?
To understand the OWI offense for drugged driving under Indiana law, it is important to have a clear understanding of the types of controlled substances listed in IC 35-48-2 since driving under the influences of those substances is unlawful.
Under IC IC 35-48-2-4, schedule I is the classification for opiates, opium derivatives, hallucinogenic substances, depressants, and stimulants. Schedule II also includes opiates, hallucinogenic substances, depressants, and stimulants. According to the Indiana Department of Health, both controlled substances in schedule I and II both have a “high potential for abuse.” The difference between them is that there is no accepted medical use for schedule I substances but there are currently accepted medical uses (including valid prescriptions) for schedule II substances.
Common drugs in schedule II for which a person might have a valid prescription include, for example:
- Hydrocodone (Vicodin);
- Methadone;
- Hydromorphone (Dilaudid);
- Meperidine (Demerol);
- Oxycodone (OxyContin);
- Fentanyl;
- Adderall; and
- Ritalin.
Defense for OWI with a Prescription Under Indiana Law
Under IC 9-30-5-1(d), “it is a defense . . . that the accused person consumed the controlled substance under a valid prescription or order of a practitioner who acted in the course of the practitioner’s professional practice.” However, a prescription alone will not be a successful defense if you were otherwise shown to be intoxicated by your prescription medication while operating a vehicle.
Contact an Indianapolis OWI Defense Attorney for Assistance
Do you need assistance defending against an OWI for drugged driving? It is critical to seek advice from one of the experienced Indianapolis OWI defense lawyers at Rigney Law LLC as soon as possible. Contact our firm today to learn more about how we can help with your OWI defense.
Sources:
law.justia.com/codes/indiana/title-9/article-30/chapter-5/section-9-30-5-1/
statecodesfiles.justia.com/indiana/2016/title-35/article-48/chapter-2/chapter-2.pdf
in.gov/health/overdose-prevention/general-information/drug-schedules-1-