This is a complex question. Under Indiana law, you are guilty of DUI/OWI when you are intoxicated by a foreign substance, like a drug. It does not matter what the drug is. By and large, folks think of alcohol and other illegal drugs when they are thinking about OWI charges. However, you can be pulled over and charged with OWI if you take a drug for which you have a legal prescription and that drug intoxicates you. Certain drugs like Xanax (benzodiazepines) and opioids are validly prescribed by doctors but can cause intoxicating effects. In this article, the Indiana OWI defense attorneys at Chris Arrington will discuss how you can be charged with OWI if you have a valid prescription for a medication. 

How does Indiana define “intoxication”?

Under Indiana law, you can be charged with DUI for any substance that leads to intoxication. This includes common substances like alcohol and marijuana, but also prescription medications that lead to intoxication such as Xanax. 

In Indiana, the legal definition of intoxicated can be found in Indiana Code § 9-13-2-86. “Intoxicated” means under the influence of:

1. Alcohol
2. A controlled substance (as defined by IC 25-48-1)
3. A drug other than alcohol or a controlled substance
4. A substance described in IC 35-46-6-2 or IC 35-46-6-3
5. A combination of substances described in subdivisions (1) through (4)
6. Any other substance, not including food and food ingredients, tobacco, or a dietary supplement so that there is an impaired condition of thought and action and the loss of normal control of a person’s faculties.

To prove intoxication, the prosecutor needs to establish that an impairment of normal faculties, thought processes, or movement occurred while the suspect was operating a motor vehicle. Medications such as Ambien and Xanax can impair an individual’s ability to operate a motor vehicle safely. Under Indiana law, that means you can be charged with OWI if your normal faculties are impaired by a prescription medication. 

The valid prescription defense

Indiana law does provide a defense to individuals who have a valid prescription for the medication they are taking. Under Indiana Code § 9-30-5-1 it is a defense to (subsection c) that (1) the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner who acted in the course of the practitioner’s professional practice.” This means that even if you were caught with a substance like Xanax or Ambien, it is a valid defense to say that you were not intoxicated at the time of the DUI charge. 

Talk to a Danville, IN OWI/DUI Attorney Today

If you have been charged with DUI in Danville, IN, then the stakes are quite high. You could owe civil restitution, pay fines, have your license suspended, and even face jail time. Chris Arrington represents the interests of those who have been charged with OWI in Indiana. Call our office today to schedule an appointment, and we can begin preparing your defense right away.