An arrest for impaired driving can turn even more serious if police also claim illegal drugs or controlled substances were found as part of their investigation. So, what happens when you’re charged with OWI and drug possession in Indiana?
It is common for prosecutors to file several criminal charges as a result of one traffic stop, such as those related to marijuana, prescription pills, narcotics, or other controlled substances. Vehicle investigations, chemical analyses, officer observations, and seized evidence can all be important when evaluating the potential criminal penalties and legal issues involved.
Understanding how Indiana handles combined OWI and drug possession allegations can help individuals better understand the potential consequences and legal issues that may arise.
Hire an OWI Lawyer
Blankenship Law, LLC, defends clients throughout Indiana accused of crimes involving driving under the influence and drug offenses. We handle OWI cases, controlled substance charges, vehicle searches, and evidence from traffic stops and criminal investigations.
Eric Blankenship is a former prosecutor who now concentrates his practice on criminal defense in Hamilton County and neighboring communities. OWI and drug possession cases often involve chemical testing, seized evidence, constitutional issues, and possible misdemeanor or felony penalties under Indiana law.
How OWI and Drug Possession Charges Can Arise From the Same Traffic Stop?
Typically, OWI and drug possession charges in Indiana originate from a traffic stop initiated due to speeding, improper lane changes, or suspected impaired driving. The officer may report smelling marijuana, seeing drug paraphernalia, or finding a controlled substance in the vehicle. In some cases, the investigation is broadened following field sobriety testing, admissions during an interview, or consent to a search at the scene.
Law enforcement may ask for a blood test while also investigating a possession charge for marijuana, narcotics, or a prescription drug. One traffic stop can lead to several criminal charges related to both an impaired driving allegation and a controlled substance offense.
Criminal Penalties for Combined OWI and Drug Possession Allegations
Indiana prosecutors may file both impaired driving and drug possession charges stemming from the same incident. Penalties vary depending on the type and amount of the alleged drug possession, the driver’s prior criminal record, and even whether the prosecutors claim the driver was impaired while operating the vehicle.
Some cases involve misdemeanor allegations only, while other cases may lead to felony charges that carry potential jail or prison time. License suspension, probation, substance abuse testing, and court-ordered programs are other common penalties. When multiple allegations are filed together, prosecutors will often use the same evidence to support both OWI and possession charges.
Evidence Prosecutors Commonly Use in OWI and Drug Cases
Prosecutors often use multiple types of evidence in charging OWI and drug possession allegations together. Investigations can include blood testing, field sobriety exercises, officer observations, body camera footage, seized narcotics, laboratory testing, and statements made during questioning. Police may also try to use prescription records, pill bottles, drug paraphernalia, or photographs from car searches.
Prosecutors sometimes maintain that chemical testing helps both the impaired driving allegation and the possession offense. Forensic testing procedures, evidence handling, and the timing of chemical tests could be relevant questions during criminal litigation involving controlled substances.
Legal Defenses That May Affect OWI and Drug Possession Cases
A number of legal defenses could be raised in Indiana OWI and drug possession cases. Defense arguments may address whether police had a valid reason to stop or search the vehicle. Other legal arguments may question the accuracy of chemical tests or the chain of custody.
Another issue may be whether the prosecution can prove that the accused knowingly possessed the controlled substance. Questions can be raised about prescription drugs’ legal use and impairment. Judges may also examine whether officers complied with constitutional requirements when gathering evidence. These matters in criminal defense can influence the admissibility of some evidence in court.
FAQs
How Frequently Do Impaired Driving Crashes Occur in Indiana?
Indiana recorded 3,492 alcohol-impaired crashes in 2024, as detailed in the Traffic Safety Facts report. An impaired driving investigation can include alcohol, controlled substances, prescription medications, or any combination of drugs.
If the police suspect both impairment and possession of a controlled substance, a prosecutor could file multiple criminal charges based on the same arrest. The evidence presented to support each count could become a key factor in defending the case.
What Indiana Law Applies to Drug Possession Charges?
Several Indiana statutes may apply to drug possession charges depending on the substance involved and the allegations filed by prosecutors. For instance, Indiana Code § 35-48-4-6, which concerns possession of certain controlled substances, provides criminal penalties.
The relevant statute usually depends on the kind of drug, the quantity the defendant is accused of possessing, and whether prosecutors elect to charge the crime as a misdemeanor or felony. Possession of various controlled substances can result in markedly different consequences.
How Common Are Drug-Related Arrests in the United States?
Drug-related offenses continue to account for a substantial portion of criminal enforcement activity. The FBI Crime Data Explorer notes that law enforcement made 870,874 reported arrests for drug abuse violations in 2023.
While not all arrests will result in a conviction, prosecutors remain busy handling all types of offenses involving controlled substances, prescription drugs, marijuana, and narcotics. Drug possession charges are often the result of traffic stops, warrant executions, and other criminal investigations.
What Happens if an OWI and Drug Possession Arrest Occurs in Hamilton County?
In Hamilton County, OWI and drug possession charges are generally handled through the county court system serving communities such as Carmel, Fishers, Noblesville, and Westfield. Matters related to driving while impaired, seized evidence, chemical tests, and possession charges may also be involved.
Prosecutors may review police reports, laboratory results, and witness statements before determining how to proceed. The court calendar, pretrial hearings, and motions to suppress may also be key issues.
Contact an OWI Lawyer
A single arrest for OWI and drug possession charges can create a complex criminal case. These serious charges and potential penalties can be affected by state and federal drug laws. A criminal defense attorney can help individuals understand how the two charges are treated under Indiana law and evaluate the evidence involved. Blankenship Law, LLC, provides legal defense for impaired driving and drug possession charges throughout Indiana. Schedule a consultation today to hire an OWI lawyer.
