When to Hire a Drugged Driving Lawyer in Indiana
Driving under the influence of drugs—commonly referred to as “drugged driving”—is a serious offense under Indiana law. Whether the substance involved is an illegal drug, a prescription medication, or even an over-the-counter remedy, operating a vehicle while impaired can lead to criminal charges with long-lasting repercussions.
Navigating these charges without experienced legal guidance can lead to harsher penalties, loss of driving privileges, and even a criminal record that limits employment opportunities. This is where a knowledgeable drugged driving lawyer in Indiana becomes indispensable.
If you’ve been arrested or charged with drug driving in Indiana, do not hesitate to contact Keffer Hirschauer LLP immediately. Our DUI defense attorneys bring a wealth of experience in defending clients against OWI and drug-related charges. As former prosecutors and seasoned litigators, we understand how to challenge the prosecution’s evidence and protect your rights at every stage of the case. To speak with an attorney today, call 317-648-9560 or complete our online contact form to schedule a free consultation.
What Constitutes Drugged Driving in Indiana?
Under Indiana law, drugged driving is prosecuted under the same statutes that govern driving under the influence of alcohol—specifically Indiana Code 9-30-5-1. This statute makes it unlawful to operate a vehicle with a controlled substance listed in Indiana Code 35-48-4 or its metabolite in the body, regardless of whether the driver shows visible signs of impairment.
In practical terms, this means that a person can be charged with operating while intoxicated (OWI) even if they are not “high” or “under the influence” at the time of the stop. The mere presence of a Schedule I or II controlled substance—such as THC, methamphetamine, cocaine, or opioids—can result in criminal charges. This is true even for substances legally prescribed by a doctor if they impair the driver’s ability to operate a vehicle safely.
Indiana Code defines “intoxicated” to include not just alcohol intoxication, but also impairment due to “a controlled substance, or a combination of alcohol and a controlled substance” as outlined in Indiana Code 9-13-2-49.1 and Indiana Code 9-13-2-35.
Importantly, there are two primary paths to a drugged driving charge in Indiana:
- Per Se Drug Offense – Operating a vehicle with any amount of a scheduled controlled substance or its metabolite in your system (even without signs of impairment).
- Impairment-Based Offense – Operating a vehicle while impaired by drugs, regardless of the specific substance involved.
This legal structure places the burden on the defendant to demonstrate that any drug use was either not recent, not impairing, or legally justified. For this reason, retaining a seasoned OWI defense lawyer in Indiana is critical for examining the nuances of your case and mounting an effective legal strategy.
Detection and Arrest for Drugged Driving
Law enforcement officers in Indiana are trained to identify signs of driver impairment, whether caused by alcohol or drugs. However, detecting drug impairment is significantly more complex than alcohol detection, which typically relies on straightforward breathalyzer tests. In drugged driving cases, the process is often more subjective and involves multiple layers of investigation.
Traffic Stops and Initial Observations
A drugged driving arrest usually begins with a traffic stop, often initiated due to erratic driving, equipment violations, or a traffic infraction. During the stop, the officer may look for physical signs of drug use such as:
- Dilated or constricted pupils
- Slurred speech
- Unusual behavior or confusion
- Odor of marijuana or other substances
- Visible drug paraphernalia
If the officer suspects impairment, they may proceed to field sobriety testing.
Field Sobriety Tests and Chemical Testing
Standardized Field Sobriety Tests (SFSTs) such as the horizontal gaze nystagmus, walk-and-turn, and one-leg stand are designed primarily to detect alcohol impairment and are not always reliable indicators of drug impairment. Nevertheless, they are commonly used as part of the evidence-gathering process.
If drug use is suspected, the officer may request a chemical test, typically a blood draw, to detect the presence of controlled substances. Under Indiana’s implied consent law, refusal to submit to a chemical test can result in automatic license suspension and be used as evidence in court.
Drug Recognition Experts (DREs)
Some law enforcement agencies employ specially trained officers known as Drug Recognition Experts (DREs). These individuals conduct a 12-step evaluation protocol designed to determine drug impairment and identify the category of drug involved. However, DRE assessments are subjective and can be challenged in court.
Your Rights During a Drugged Driving Investigation
Even if you are pulled over under suspicion of drugged driving, you have constitutional rights that must be respected:
- You have the right to remain silent and not answer incriminating questions.
- You have the right to consult with an attorney.
- You have the right to challenge the validity of the stop, testing procedures, and arrest.
Because so much of a drugged driving case depends on officer observations and chemical testing procedures, any misstep by law enforcement could serve as the basis for a strong defense. Keffer Hirschauer LLP employs some of the best drugged driving lawyers in Indiana. They can thoroughly investigate these issues to protect clients from unlawful arrests and flawed evidence.
Penalties for Drugged Driving in Indiana
Drugged driving convictions in Indiana carry serious legal consequences that can affect nearly every aspect of a person’s life—from driving privileges to future employment opportunities. The severity of the penalties depends on several factors, including whether it is a first offense, whether any aggravating circumstances were involved, and whether the driver has prior OWI or drug-related convictions.
Criminal Classification and Sentencing
Under Indiana Code 9-30-5-1, a first-time offense for operating a vehicle with a controlled substance or its metabolite in the body is classified as a Class C criminal misdemeanor, punishable by up to 60 days in jail and a fine of up to $500. If the offense involved actual impairment from drugs, it may be charged as a Class A criminal misdemeanor, which carries up to one year in jail and a fine of up to $5,000.
Enhancements and Felony Charges
The penalties increase substantially if certain enhancing circumstances in Indiana apply. For instance, second OWI or drugged driving conviction within seven years can be charged as a Level 6 felony, punishable by six months to 2.5 years in prison and up to $10,000 in fines; or if a person is caught driving under the influence of drugs with a passenger under the age of 18 can elevate the charge to a Level 6 felony in Indiana. Finally, if a drugged driver causes serious injury or death, the offense may be charged as a Level 5 or even Level 4 felony, which could lead to a prison sentence of up to 12 years.
Administrative and Collateral Consequences
In addition to criminal penalties, drugged driving convictions carry significant administrative consequences:
- License Suspension: Conviction results in a mandatory suspension of driving privileges, ranging from 90 days to two years.
- Ignition Interlock Device: Judges may require installation of an ignition interlock device as a condition of probation.
- Drug and Alcohol Assessment and Treatment: Offenders may be ordered to complete treatment or rehabilitation programs.
- Permanent Criminal Record: The sheer existence of a criminal record can impact job applications, professional licensing, and housing opportunities.
Given the potentially devastating penalties, individuals facing charges should contact an experienced drug crime defense lawyer in Indiana immediately to mitigate or avoid these outcomes.
Consequences Beyond the Criminal Penalties
A conviction for drugged driving in Indiana doesn’t just result in jail time or fines—it can also unleash a cascade of collateral consequences that affect your career, finances, and personal life. These repercussions often persist long after the sentence is served, making it all the more critical to consult an experienced Indiana Legal Defense Firm early in your case.
Impact on Employment and Professional Licensing
One of the most significant non-criminal consequences is the potential damage to your professional life. Many employers conduct background checks, and a conviction for operating while intoxicated—especially involving drugs—can raise red flags, even for otherwise qualified candidates.
For licensed professionals, the risks are even more serious. Nurses, doctors, pharmacists, teachers, and commercial drivers may face:
- Disciplinary action by licensing boards
- Summary suspension or revocation of professional licenses
- Mandatory reporting requirements under Indiana Code 25-1-1.1 and Indiana Code 25-1-9
The Indiana professional license defense lawyers at Keffer Hirschauer LLP are highly experienced in representing clients before administrative boards and protecting their credentials from revocation.
Insurance Rate Increases
After a drugged driving conviction, your auto insurance premiums are likely to skyrocket—if you can secure coverage at all. Insurance companies view convicted drivers as high-risk, often requiring SR-22 filings and charging significantly higher rates for years following the incident.
Immigration Consequences
Non-citizens, including lawful permanent residents and visa holders, face added risk. A conviction may be classified as a crime involving moral turpitude (CIMT) or a controlled substance offense, which can trigger:
- Deportation proceedings
- Denial of naturalization
- Inadmissibility for visa renewals or green card applications
These immigration-related consequences make it imperative for non-citizens to consult both a criminal defense and an immigration attorney when charged with drugged driving.
In sum, the fallout from a drugged driving conviction can be extensive. Beyond court-imposed penalties, the long-term damage to your livelihood, finances, and immigration status underscores the need for immediate legal intervention by one of the best criminal defense lawyers in Indiana.
Legal Defenses in Drugged Driving Cases
Defending against a drugged driving charge in Indiana requires a nuanced understanding of constitutional law, toxicology, and law enforcement procedure. Fortunately, there are numerous legal defenses that a skilled drugged driving lawyer in Indiana can use to fight the charges or reduce their impact.
- Challenging the Legality of the Traffic Stop: The Fourth Amendment protects against unlawful searches and seizures. If the initial stop lacked reasonable suspicion—for example, if the officer pulled you over without a legitimate traffic violation—any evidence obtained thereafter (including test results or statements) may be suppressed.
- Disputing Probable Cause for Arrest: Officers must have probable cause to arrest a driver for OWI. If the officer based their decision on subjective observations rather than objective evidence, such as erratic driving or reliable field sobriety tests, the arrest could be legally insufficient.
- Questioning Chemical Test Accuracy and Procedure: Chemical testing for drugs typically involves blood or urine analysis. However, such tests are not infallible. Defenses may include: improper chain of custody of the sample; unqualified personnel administering or analyzing the test; contamination or degradation of the sample; and/or presence of inactive metabolites, which do not indicate impairment. An experienced Indiana DUI attorney can work with toxicology experts to scrutinize the validity and admissibility of chemical test results.
- Refuting Drug Recognition Expert (DRE) Testimony: Drug Recognition Experts (DREs) use a standardized evaluation protocol to determine impairment. However, this method is subjective and prone to error. DREs may misinterpret medical conditions such as anxiety, diabetes, or fatigue as signs of drug use.
- Legal Drug Use or Medical Condition: If you were using a lawfully prescribed medication, and it did not impair your driving, this fact may provide a defense. The mere presence of a prescription drug in your system is not enough for a drugged driving charges in Indiana, especially if impairment cannot be shown.
- Procedural Violations: If law enforcement failed to advise you of your implied consent rights, did not provide a timely opportunity to contact legal counsel, or delayed testing beyond the statutory time frame, those procedural missteps could render the evidence inadmissible.
With the stakes so high, building a tailored, evidence-driven defense is essential. When you hire a drugged driving lawyer in Indiana from our firm, you can leverage their experience as former prosecutors and seasoned litigators to identify weaknesses in the State’s case and fight aggressively on behalf of their clients.
The Role of a Drugged Driving Lawyer: Why Keffer Hirschauer LLP?
When you’re facing drugged driving charges in Indiana, having the right drugged driving lawyer in Indiana can make all the difference. The laws are complex, the consequences severe, and the procedures riddled with technicalities that can either make or break a case. That’s why working with the one of the best criminal defense lawyers in Indiana—particularly one with deep experience in both DUI and drug offenses—is essential.
At Keffer Hirschauer LLP, our attorneys bring unmatched experience to every case. Our team includes former deputy prosecutors and seasoned trial lawyers who understand how Indiana’s criminal justice system operates from both sides. We’ve handled countless cases involving controlled substances and impaired driving, giving us the insight needed to craft strong, individualized defenses for our clients.
Strategic Defense Tailored to Your Case
Our approach begins with a thorough investigation into the stop, arrest, and evidence collection. We examine:
- Whether the traffic stop was lawful
- How the field sobriety and chemical tests were conducted
- Whether proper procedures were followed in line with Indiana Code 9-30-6
- The reliability of any Drug Recognition Expert (DRE) evaluations
From there, we build a customized defense strategy, leveraging constitutional protections, evidentiary rules, and expert testimony when necessary.
Dedicated to Minimizing Consequences
Beyond achieving dismissals or acquittals, we work to reduce or eliminate the long-term impact of a drugged driving charge. This includes:
- Negotiating favorable plea agreements when appropriate
- Seeking diversion programs or conditional discharges
- Protecting professional licenses through administrative hearings
- Advising non-citizen clients on immigration-safe outcomes
At Keffer Hirschauer LLP, we are more than just your legal representative—we are your advocates, committed to preserving your freedom, reputation, and future.
Need to Speak with a Drugged Driving Lawyer in Indiana?
A drug driving charge in Indiana can turn your life upside down, affecting your freedom, finances, career, and future. Whether the allegation involves illegal narcotics, prescription medications, or over-the-counter substances, the stakes are high. The legal system is complex, the science behind chemical testing is flawed, and the penalties are unforgiving.
But you don’t have to face this alone.
The experienced Indiana criminal defense attorneys at Keffer Hirschauer LLP understand the intricacies of Indiana OWI and drug laws. With a track record of success in defending clients against drugged driving and related charges, our team will work tirelessly to investigate your case, protect your rights, and secure the best possible outcome.
To speak with an drugged driving lawyer in Indiana today, call 317-648-9560 or complete our online contact form to schedule a free consultation. The sooner you act, the better your chances of protecting your record, your license, and your future.
