OWI Chemical Tests for Drugs

When a driver is stopped on suspicion of operating a vehicle while intoxicated (OWI) under IC 9-30-5, the law enforcement officer may ask the driver to agree to submit to a chemical test, which is required by Indiana’s implied consent law if the officer has probable cause that you were operating a vehicle while intoxicated or you were involved in an accident involving serious bodily injury.  When an accident involves serious bodily injury, both drivers, regardless of who is at fault, are required to submit to a certified chemical test. While a certified chemical breath test only tests for blood alcohol content,  a blood draw can detect any intoxicant.

Field Sobriety Tests Can Be Used, But You Are Not Required to Take One

Field sobriety tests may be used by law enforcement officers to determine whether a person is intoxicated by alcohol or a controlled substance.

However, it is extremely important to know that Indiana’s implied consent law does not mean that you have already given consent to undergo a field sobriety tests. You can decline this type of test without facing legal repercussions. This type of test can have many problems and does not always provide a clear determination of whether a person is actually intoxicated.

You also have the right to refuse to submit to a Portable Breath Test.  This is the uncertified device frequently used on the side of the road, alongside the Field Sobriety Tests.

Roadside Oral Fluid Program and Other Chemical Tests 

There is one type of roadside chemical test that is being used by some law enforcement officers in Indiana. It is part of a relatively new “Roadside Oral Fluid Program,” and it involves the use of a new type of roadside tool known as the SoToxa Mobile System. According to the Indiana Criminal Justice Institute (ICJI), “SoToxa is a handheld analyzer that uses an oral fluid swab to detect the presence of six kinds of drugs: cocaine, methamphetamine, opiates, cannabis (THC), amphetamine, and benzodiazepines.” As the ICJI explains, the SoToxa is “similar to a portable breathalyzer, but instead of testing for traces of alcohol, it detects the presence of drugs.”

Otherwise, the driver would be subject to another type of chemical test under IC 9-13-2-22, including a test of their blood, urine, or other bodily substance.

Contact Our Indianapolis OWI Defense Attorneys for Assistance

Are you facing OWI charges for operating a vehicle while intoxicated in connection with your alleged use of a drug or controlled substance? If so, it is critical to understand that the charges are just as serious as OWI charges based on alcohol intoxication, and you could even be facing additional charges for possession of a controlled substance depending on the circumstances and whether or not you had any of the drug with you. Given the seriousness of OWI drug cases, it is essential to seek legal advice about your defense. One of the experienced Indianapolis OWI defense lawyers at Rigney Law LLC can begin working with you to develop a defense strategy today. Contact us for assistance with your case.

Sources: 

statecodesfiles.justia.com/indiana/2016/title-9/article-30/chapter-5/chapter-5.pdf

in.gov/cji/traffic-safety/impaired-driving/roadside-oral-fluid-program/#:~:text=If%20drug%2Dimpaired%20driving%20is,of%20the%20six%20drug%20categories

law.justia.com/codes/indiana/title-9/article-13/chapter-2/section-9-13-2-22/