Fishers Prescription Drug OWI Lawyer

Trusted Prescription Drug OWI Attorney in Fishers, IN

A Fishers prescription drug OWI lawyer can help individuals who are facing charges related to operating a vehicle while impaired by prescription medication. Cases can escalate quickly when an arrest is made for allegations of unsafe driving, chemical test failure, or use of a controlled substance that impairs judgment or reaction time. 

Blankenship Law, LLC, has experience with cases involving prescription drug operating while intoxicated (OWI) charges in Fishers and throughout Indiana. Knowing what to expect following an arrest and potential legal ramifications is often the most important first step.

Hire a Prescription Drug OWI Lawyer

Blankenship Law, LLC, is a criminal defense law firm located in Carmel and Valparaiso, Indiana. We focus exclusively on the practice of criminal defense law and handle OWI and driving under the influence (DUI) cases, as well. The lawyers at Blankenship Law, LLC, are former prosecutors and are comfortable in a courtroom defending the rights of those accused of impaired driving and other criminal charges. 

Blankenship Law, LLC, represents those accused of a first OWI or multiple OWIs and those who have been charged with OWI involving prescription medications or controlled substances. 

How Prescription Drug OWI Charges Are Investigated in Indiana?

Prescription drug OWI investigations are often initiated as a result of a traffic stop for some kind of alleged impaired driving conduct, such as swerving between lanes, braking late, or varying speed erratically. 

As opposed to alcohol related cases, where there is usually a breath test evidencing intoxication, a prescription drug OWI case is often built on a field sobriety testing result, a statement made during a stop, an officer’s observations about a driver’s appearance, or blood and urine testing.

Officers may also attempt to review prescription records or inspect medication containers present in a vehicle during an investigation. Indiana prosecutors may choose to pursue OWI charges, even if a medication is a legally prescribed one, if they believe that it impairs a person’s ability to drive safely under Indiana law.

In a study at seven trauma centers of 4,243 drivers who were seriously injured in crashes, 54% of drivers tested positive for alcohol or drugs from September 2019 to July 2021.

Common Evidence Used in Fisher’s Prescription Drug OWI Cases

Police reports and chemical test results are the primary evidence in most Fishers prescription drug OWI cases, but other sources of evidence can also be used by prosecutors. Police body camera and dash camera video, along with officer testimony and witness statements, can be used in these cases. The driver’s performance on field sobriety tests may also be used as evidence of intoxication, as can blood test results indicating the presence of prescription drugs or controlled substances.

The presence of medication in a person’s blood, however, does not necessarily mean they were impaired at the time they were driving. The conditions and field sobriety test administration may have been adversely affected by medical issues, fatigue, anxiety, or poor police training. Examining how evidence was gathered can be an important element of a criminal defense.

Potential Penalties for a Prescription Drug OWI Conviction in Indiana

In Indiana, it is against the law to operate a vehicle while intoxicated, including impairment caused by controlled substances or prescription medications. Penalties for a first conviction include jail time, up to $5,000 in fines, and suspension of driving privileges for up to two years.

The court may also impose substance abuse treatment, probation, community service, or alcohol and drug testing requirements. Enhanced penalties may apply in repeat offense cases or where the incident caused bodily injury or death. An OWI conviction may also have negative consequences on employment, insurance, and professional licensing.

FAQs

Can You Refuse a Blood Test in an Indiana Prescription Drug OWI Case?

In Indiana, a person has the right to refuse a blood test. Chemical testing refusal may lead to separate administrative consequences under Indiana law. On occasion, police may obtain a warrant for a blood draw following a refusal. Whether the testing procedures were handled lawfully can become an important issue in a criminal defense case.

What Types of Prescription Medications Commonly Lead to OWI Charges?

Officers frequently encounter a variety of prescription drugs during Indiana OWI probes when they suspect impairment. Prescription drugs for anxiety, chronic pain, insomnia, muscle spasms, and attention deficit hyperactivity disorder can all impact a person’s coordination, reaction time, or judgment. 

Indiana law enforcement officers will investigate whether prescription medication alone or in combination with alcohol contributed to unsafe driving. Chemical test results, officer observations, and the circumstances surrounding the traffic stop can all influence whether charges will be filed.

Are Prescription Drug OWI Cases Different From Alcohol OWI Cases?

Prescription drug OWI cases can be much more medically complicated than alcohol cases because there may be no breath test evidencing intoxication. Prosecutors may use blood testing, officer observations, and toxicology evidence to prove impairment. 

The Substance Abuse and Mental Health Services Administration reported 11.7 million Americans age 16 or older drove under the influence of selected drugs in 2021. Prescription drug cases may also turn on issues like dosage, side effects, and whether the medicine actually impaired driving.

What Happens During a Prescription Drug OWI Investigation in Fishers?

Prescription drug OWI investigations in Fishers usually start with a traffic stop by the Fishers Police Department or another Hamilton County police agency. Officers may observe slurred speech, delayed responses, or confusion to determine if a person may be impaired. 

Blood or urine testing is commonly used, instead of a breath test, in these investigations. The officer will also consider driving performance and field sobriety testing results in determining whether OWI charges should be filed.

Contact a Fishers Prescription Drug OWI Lawyer

In Indiana, OWI with a prescription drug can result in significant criminal, financial, and personal consequences. Blankenship Law, LLC, represents clients charged with OWI with a prescription drug in Fishers and throughout the surrounding communities. 

The attorneys at Blankenship Law, LLC, are former prosecutors, and they know how OWI investigations are conducted. You can rely on them for strategic criminal defense counsel if you are accused of an impaired driving offense. Schedule a consultation today to hire a prescription drug OWI lawyer.