Valparaiso Prescription Drug OWI Lawyer

Experienced Prescription Drug OWI Attorney in Valparaiso, IN

A Valparaiso prescription drug OWI lawyer can defend drivers charged with operating a vehicle while under the influence of medications or controlled substances. Operating while intoxicated (OWI) charges involving prescription medications or controlled substances can present complex issues involving legal prescriptions, medical conditions, toxicology testing, and the question of whether a driver was actually impaired at the time of the traffic stop.

Officer observations and blood testing evidence are commonly used to prove prescription drug OWI cases, as opposed to breath testing in alcohol-related OWI cases. Blankenship Law, LLC, defends individuals in Valparaiso and throughout Porter County who have been arrested and charged with crimes involving prescription medications, controlled substances, and impaired driving.

Hire a Prescription Drug OWI Lawyer

Blankenship Law, LLC, is a criminal defense law firm that represents clients in Valparaiso and around Northwest Indiana. The attorneys at Blankenship Law, LLC, are former prosecutors who represent only criminal defendants, including those charged with OWI and driving under the influence of prescription drugs.

Blankenship Law, LLC, represents clients charged with first-time OWI, multiple OWI arrests, as well as cases that involve prescription medications and controlled substances. We offer aggressive criminal defense and take the time to explain the legal process to our clients. We also offer free phone consultations to those who have been arrested or are under investigation and are looking for a lawyer.

Prescription Medications Commonly Involved in Indiana OWI Investigations

When officers suspect impaired driving in Indiana, OWI investigations occasionally focus on several kinds of prescription medications. Charges or allegations could be for pain medications, sleep aids, anti-anxiety prescriptions, muscle relaxers, or prescriptions taken for attention-deficit hyperactivity disorder and other conditions.

In some cases, drivers are not aware that certain prescribed medications can impair coordination, reaction time, or concentration when driving. The Substance Abuse and Mental Health Services Administration reported that in 2021,11.7 million people age 16 or older drove under the influence of illicit drugs. Prescription drug cases may also include allegations that the drugs were taken in combination with alcohol or other substances.

How Medical Conditions Can Complicate Prescription Drug OWI Allegations?

A variety of medical conditions can present in ways that may be perceived as impairment during a traffic stop or roadside investigation. Fatigue-related conditions, as well as neurological conditions, anxiety, diabetes, chronic pain conditions, and physical disabilities, can all impact balance, speech, coordination, or eye movement in ways that can be misunderstood by law enforcement.

For those individuals who may be taking prescription medications as part of their medical treatment, these conditions may thus lead to observations that can result in allegations that are not connected to intoxication. In some cases, a medical review of history, prescription information, or side effects of treatment may be part of the defense.

Determining whether a medical condition may have played a role in the observations noted during a traffic stop may be an important factor in the defense of allegations of OWI with a prescription drug.

What Drivers Should Expect During a Prescription Drug OWI Traffic Stop in Porter County?

During a prescription drug OWI traffic stop in Porter County, police may ask drivers questions about what medications they are taking, whether they have recently filled any prescriptions, or whether the person has taken any alcohol or other drugs. A driver may be asked to perform field sobriety tests or may be asked to submit to chemical testing if the officer believes the person is impaired.

The Valparaiso Police Department or Porter County Sheriff’s Office may also conduct a search of a vehicle for pill bottles or other evidence as part of a drug investigation. Statements made at the time of the stop and how testing procedures are carried out can become key issues in a criminal defense case.

FAQs

Why Do Prescription Drug OWI Cases Often Depend on Officer Observations?

Prescription drug OWI cases depend heavily on officer observations because there may not be a breath test result showing intoxication. Officers may claim a driver appeared confused, fatigued, unsteady, or unable to respond appropriately during a traffic stop. Investigators may also rely on alleged driving behavior, such as drifting between lanes or delayed braking.

Medical and factual issues can be more complex in prescription drug cases than alcohol impairment, since effects may vary with dosage, tolerance levels, medical history, etc.

Can a Prescription Drug OWI Charge Be Filed Even if the Driver Passed a Breath Test?

A driver can be accused of a prescription drug OWI, even if a breath test reveals no alcohol intoxication. Many prescription drug investigations use blood or urine tests, not breath. Driving conduct, physical appearance, verbal statements, and field sobriety testing may also be used by the arresting officer. 

Prosecutors may take the position that a driver was unable to safely operate a motor vehicle, even if a legal prescription medicine was used, and there is no evidence of alcohol.

Can a Prescription Drug OWI Affect a Commercial Driver’s License?

A prescription drug OWI charge can present particular concerns for those who hold commercial driver’s licenses or rely on driving as part of their employment. There are often more stringent rules and additional employment-related consequences for commercial drivers following an arrest or conviction. A criminal case for prescription drugs could therefore impact both driving privileges and job prospects for those in transportation or driving-related fields.

There are often more stringent rules and additional employment-related consequences for commercial drivers following an arrest or conviction. A criminal case for prescription drugs could therefore impact both driving privileges and job prospects for those in transportation or driving-related fields.

Can Prescription Drug OWI Charges Result From a Combination of Alcohol and Medication?

Drug OWI charges are sometimes based on the combination of a prescription drug and alcohol, even when neither substance alone would necessarily appear to cause obvious impairment. The Centers for Disease Control and Prevention reported that a study of 4,243 seriously injured drivers found 54% had tested positive for either alcohol or drugs from 2019 through 2021. Toxicology tests and officer observations are typically the bases for prosecutions.

Contact a Valparaiso Prescription Drug OWI Lawyer

Blankenship Law, LLC, provides legal defense services to individuals in Valparaiso charged with impaired driving due to prescription medication and other criminal charges. Schedule a consultation today to hire a prescription drug OWI lawyer.