Impaired Driving and Legal Medications in Indiana

Indiana has strict laws concerning operating a vehicle while intoxicated (OWI). Under IC 9-30-5, a person can face misdemeanor or felony charges, depending on the specific circumstances, if they are intoxicated while driving a car or truck regardless of whether anyone gets hurt or any kind of crash occurs. When collisions are linked to OWIs, and when anyone is injured in such a crash, the penalties are significantly more severe than an OWI in which nobody is harmed and no property is damaged. While many Indianapolis residents know that they can be arrested for an OWI if they have a blood alcohol concentration (BAC) of 0.08 percent or higher, or if they operate a vehicle with a controlled substance in their body.

Yet many people do not realize that prescription medications that have been lawfully prescribed by a health care provider, or even over-the-counter drugs in some cases, can result in a person’s impairment. If you are impaired as a result of using a legal medication, it is still unlawful to operate a motor vehicle in Indiana.

Potential Misdemeanor for Operating a Vehicle While Intoxicated by a Legal Drug or Medication 

Under IC 9-30-5-2, “a person who operates a vehicle while intoxicated commits a Class C misdemeanor.” That statutory language also states that the offense becomes a “Class A misdemeanor if the person operates a vehicle in a manner that endangers a person.”

While intoxication does include being under the influence of alcohol or an unlawful controlled substance, it can also refer to a state of impairment caused by other legally obtained and used medications.

Defining “Intoxicated” Under Indiana Law 

Under IC 9-13-2-86, the term “intoxicated” means being under the influence of one of the following such that the person has “an impaired condition of thought and action and the loss of normal control of a person’s faculties,” including:

• Alcohol;
• Controlled substance;
• Drug other than alcohol or a controlled substance;
• Toxic vapors, such as model glue or acetone or benzene;
• Nitrous oxide; and/or
• Any combination of the above.

Commonly Intoxicating Medications 

Many common prescription and over-the-counter medications can cause drowsiness and fatigue, as well as dizziness and related symptoms that can prevent a person from maintaining control of a vehicle and behaving safely on the road. According to WebMD, the following are just some of the most commonly used medications that can result in intoxication:

• Allergy medications;
• ADHD medications;
• Antidepressants and antianxiety medications;
• Blood pressure drugs;
• Muscle relaxants;
• Opioids; and
• Seizure medications.

Contact Our Indianapolis OWI Drug Defense Lawyers Today for Help 

If you are facing OWI charges for being intoxicated as a result of a prescription or over-the-counter medication, it is critical to begin working on a defense strategy because you could be facing a misdemeanor or felony conviction depending on the circumstances. Just because you had a prescription for a medication or bought it legally over the counter does not mean that you cannot face intoxicated driving charges. An experienced Indianapolis OWI drug defense attorney at Rigney Law LLC can speak with you today about your case and can begin working with you on defense strategies.

Sources: 

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

in.gov/cji/traffic-safety/impaired-driving/#Indiana_Impaired_Driving_Laws

webmd.com/drug-medication/medications-fatigue-and-sleepiness

law.justia.com/codes/indiana/title-9/article-13/chapter-2/section-9-13-2-86/