What is an OWI for Drugs?

If you are stopped for driving a vehicle while you are intoxicated, then you can face charges for an offense under IC 9-30-5 known as operating a vehicle while intoxicated (or OWI). This is a type of offense that is commonly known in other states as driving under the influence (DUI) or driving while intoxicated (DWI). Although Indiana uses different terminology to define this offense, similar to other states, a person can be charged with an intoxicated driving offense in connection with both alcohol and drug intoxication. An OWI for drugs, commonly known as drugged driving, has the same penalty structure as an OWI for alcohol, but the intoxicating substances that can result in an arrest — as well as ways of testing for them — are somewhat different.

Our Indianapolis OWI drug defense attorneys can tell you more about charges for an OWI based on drug intoxication, and we can speak with you today about building a strong defense if you are facing charges.

Intoxication Includes Controlled Substances and Lawful Medications 

Under IC 35-46-9-2, the word “intoxicated” as it is used in the statute for “operating a vehicle while intoxicated” means that a person is “under the influence of” one or more of the following “so that there is an impaired condition of thought and action and the loss of normal control of an individual’s faculties”:

• Alcohol;
• Controlled substance;
• Any drug other than alcohol or a controlled substance;
• Any combination of alcohol, controlled substances, or drugs; or
• Any other substance, not including food and food ingredients, tobacco, or a dietary supplement.

As you can see, a person can be arrested for and charged with an OWI if they are intoxicated due to nearly any type of substance that can have such an effect. And when it comes to the intoxicating effects of drugs, it does not matter if you used an illegal controlled substance, a prescription medication, or even an over-the-counter cold and flu drug — if the substance results in intoxication, you can face OWI charges.

Determining Whether a Person is Intoxicated Due to Drugs 

When law enforcement officials stop a person on suspicion of an OWI, if they determine the person has been consuming alcohol and is impaired, they can conduct a breath test. Breath tests, however, cannot test for the use of controlled substances or lawful drugs and medications. As such, this type of intoxication is usually determined with a blood test.

Yet it is important to know that Indiana law allows a person to be arrested for an OWI without determining a specific concentration of alcohol or drugs in their system. Behaviors that lead a law enforcement officer to suspect intoxication can be enough for an arrest, depending on the circumstances.

Contact an Indianapolis OWI Drugs Attorney for Assistance with Your Defense 

For anyone facing an OWI for drugs, it is critical to know that you may be facing jail time (or even a lengthier prison sentence, depending on the charges and the facts of the case), along with other significant penalties. It is critical to do everything you can to avoid a conviction. The best defense strategy will be tailored to the particular facts of your arrest and the case, and one of the experienced Indianapolis OWI drug defense lawyers at Rigney Law LLC can begin working with you on your defense today. Contact us today to learn more about the criminal defense services we provide in Indiana.

Sources: 

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

law.justia.com/codes/indiana/title-35/article-46/chapter-9/section-35-46-9-2/