DUI Involving Drugs in Indiana

Fort Wayne attorney defends against charges of drug-impaired driving

A drug-related DUI arrest in Indiana carries many of the same severe consequences of an alcohol related charge. However, drug DUI prosecutions are more complicated due to the broad of controlled substances that may be involved and how their impairing effect is measured. If you’ve been charged with DUI involving drugs in Indiana, the Law Offices of Ryan Lackey is ready to help. Drawing on decades of experience, we will thoroughly analyze your case and work to protect your rights and your liberty.

Types of drugs that can lead to DUI charges

Indiana law criminalizes operating a motor vehicle under the influence of any controlled substance that impairs driving ability. Even trace amounts of illegal drugs like marijuana, cocaine, methamphetamine or heroin detected in the driver’s system can lead to charges. Prescription medications, including Schedule II–IV drugs like oxycodone (OxyContin), hydrocodone (Vicodin), benzodiazepines (Xanax, Valium), and Adderall, can trigger DUI charges if a driver appears impaired. Over-the-counter drugs such as antihistamines (e.g., Benadryl) can likewise lead to charges if they cause drowsiness or impair coordination. 

How law enforcement detects drug impairment

Indiana law enforcement uses multiple methods to detect drug-related impairment, including:

• Field sobriety tests — Police may use such tests as the horizontal gaze nystagmus, walk-and-turn and one-leg stand to assess coordination and cognitive function. 
• Drug recognition expert — Trained officers may conduct 12-step assessments, including pupil examination and vital sign checks, to identify drug influence. 
• Chemical tests — Blood or urine tests can detect a drug’s presence. However, the law does not set a threshold limit, unlike the 0.08 percent BAC for alcohol (or 0.4 percent when driving a commercial vehicle). 

Police can also rely on observed behaviors, such as erratic driving or slurred speech, as grounds for testing. 

Penalties for a drug DUI conviction in Indiana

Penalties for a drug DUI conviction in Indiana depend on the offense’s severity and circumstances. 

• Class C misdemeanor — A first-time offense carries up to 60 days in jail, a $500 fine, and a license suspension of 30 days to 2 years. 
• Level 6 felony — Aggravating factors, such as a prior conviction, high drug concentration, transporting a minor in the car, or a school zone violation, can expose the defendant to six months to 2.5 years in jail and a fine of up to $10,000.
• Level 5 felony — If the incident includes a crash with injury to a person, the sentence could be one to six years in prison, along with a fine of up to $10,000. 

Additional consequences can include a criminal record, increased insurance rates, mandatory substance abuse programs and potential loss of professional licenses.

Available defenses to drug DUI in Indiana charges

Effective defenses to drug DUI charges are fact-specific but can include:

• Illegal search and seizure — If improper traffic stops or searches violated your Fourth Amendment rights, any evidence recovered may be suppressed. 
• Inaccurate testing — Chemical tests are susceptible to human and mechanical error. In addition, a specimen’s unproved chain of custody might call its reliability into question. 
• Medical necessity — Leniency is in order if a driver took prescription drugs legally but experienced unforeseen impairment. 
• Officer error — Improper field sobriety testing or drug recognition expert evaluation can produce faulty conclusions.

An experienced Indiana drug charges lawyer can negotiate for diversion programs, reducing charges for first-time offenders upon treatment completion. 

Contact proven DUI lawyer in Fort Wayne, Indiana

The Law Offices of Ryan E. Lackey offers free consultations for drug DUI cases and cost-effective representation to fight the charges against you. Please contact us online or call us at 260-222-7364.