You likely know that drinking and driving can lead to an arrest. However, many Indiana motorists are shocked when they face charges for driving after taking their own doctor-prescribed medicine. You might assume that a valid prescription protects you from prosecution.
In reality, Indiana DUI laws are complex. While a prescription is a powerful tool for your defense, it does not grant an automatic “get out of jail free” card if you are visibly impaired. Law enforcement officers can and do arrest drivers for “operating while intoxicated,” or OWI, based on therapeutic substances.
How Indiana defines impaired driving
Under Indiana law, intoxication involves more than just a blood alcohol concentration (BAC) of .08 or higher. The state defines intoxication as being under the influence of a substance that results in an “impaired condition of thought and action” and the loss of normal control of your faculties.
Crucially, Indiana has two types of OWI charges. One is a “per se” charge for simply having certain substances in your system. For this specific charge, the Indiana Code provides a legal defense if you were taking the drug as prescribed.
However, the state can still charge you under the second type—impairment—if an officer believes the drug affected your ability to drive safely, regardless of your prescription status.
Medications that can trigger traffic stops
Many common medications can mimic the signs of alcohol impairment during a roadside evaluation. Police officers look for physical cues such as slow reaction times, slurred speech or poor balance. Certain classes of drugs are more likely to result in OWI investigations:
- Benzodiazepines used to treat anxiety or panic disorders
- Opioid-based painkillers prescribed for chronic or acute pain
- Sleep aids that may cause lingering drowsiness the next morning
- Muscle relaxants that can slow motor skills and coordination
Even when used exactly as directed, the presence of these medications in your system may lead an officer to mistake medical side effects for criminal intoxication. Combining these substances with even a small amount of alcohol can further complicate your situation by significantly increasing your level of impairment.
Defending against a prescription OWI charge
Facing a criminal charge for taking your medicine is incredibly stressful, and in many cases, unfair. You may feel like the system is punishing you for managing your health. Defending these cases requires assessing whether the medication caused the observed impairment or whether factors such as illness or officer error played a role.
Because the line between therapeutic use and legal impairment is thin, having skilled legal guidance is vital. An experienced DUI/OWI defense attorney can help you leverage the defenses available to prescription holders to protect your driving privileges and your reputation.