DUID & Drug Intoxication Lawyer in Indianapolis

Arrested for a Drug DUI? Call Today for Experienced Legal Help.

Drug-related OWI charges are becoming increasingly common in Indiana, and they present unique challenges for drivers who are arrested or investigated. Unlike alcohol-related cases, drug intoxication allegations often rely on subjective observations, incomplete testing, and assumptions that are not supported by reliable science.

Rathburn Law Office, P.C. represents drivers throughout Indianapolis and Central Indiana who are accused of operating a vehicle while impaired by drugs (DUID), whether those drugs are illegal substances, prescription medications, or over-the-counter products.

Book your free initial virtual consultation with our Indianapolis DUID and drug intoxication attorney by phone at (463) 465-2401 or by contacting us online. Available 24/7.

How Rathburn Law Office, P.C. Can Help

At Rathburn Law Office, P.C., we understand that an arrest is not a conviction. Our approach begins with a comprehensive review of the prosecution’s evidence, particularly the methods used by law enforcement to determine impairment.

Unlike alcohol-related offenses that rely on standardized breath tests, drug-related charges often involve complex blood draws and the observations of a "Drug Recognition Expert."

We scrutinize every detail of the traffic stop and the subsequent testing. We look for procedural errors, such as whether the officer had valid probable cause for the stop or if the blood sample was handled in accordance with strict forensic protocols.

Our goal is to provide a robust defense that protects your rights and explores every avenue for a reduction or dismissal of charges. Furthermore, we assist clients in petitioning for specialized driving privileges, helping you maintain the ability to drive to work or school while your case moves through the local court system.

What Is an Indiana DUID?

In Indiana, a DUID falls under the broader "Operating a Vehicle While Intoxicated" (OWI) statutes. While alcohol impairment is measured by blood alcohol content (BAC), a DUID occurs when a person operates a vehicle with any Schedule I or II controlled substance (or its metabolite) in their blood.

A wide range of substances can trigger a DUID; the law categorizes these substances into two main groups: those that cause active impairment and those that are strictly prohibited by their mere presence (“per se”).

Schedule I Controlled Substances (Strict Liability)

It is a crime to operate a vehicle with any amount of a Schedule I substance (or its metabolite) in your blood, regardless of whether you are actually "impaired."

Marijuana/THC: Even if consumed days prior, the presence of metabolites can lead to a charge.
Heroin and opiates: Including synthetic versions and derivatives.
Hallucinogens: Such as LSD, peyote, and MDMA (Ecstasy).
Depressants: Drugs such as methaqualone (Quaaludes).

Schedule II Controlled Substances (Strict Liability)

Similar to Schedule I, the presence of any Schedule II substance can result in a DUID. Many of these are common prescription drugs.

Stimulants: Methamphetamine, cocaine, Adderall, and Ritalin.
Opioids: Fentanyl, oxycodone, Vicodin, methadone, morphine, and Demerol.
Depressants: Such as PCP (phencyclidine).

Other Impairing Drugs (Impairment-Based)

You can be charged with OWI for any substance that results in "an impaired condition of thought and action and the loss of normal control of faculties." This includes legal drugs that are not in Schedule I or II.

Prescription medications: Xanax, Valium, Ativan, sleep aids (Ambien), and some antidepressants or anti-seizure medications.
Over-the-counter drugs: Certain antihistamines (Benadryl), cough syrups with codeine, or even some cold medicines that cause extreme drowsiness.
Toxic vapors: Inhaling or "huffing" substances like model glue, nitrous oxide, or aerosol sprays.

Because Indiana is a "per se" state regarding drugs, you can be charged even if you do not "feel" impaired. If a blood test detects traces of substances like marijuana (THC), cocaine, methamphetamines, or certain prescription painkillers, you may face immediate criminal charges.

How DUID Is Charged & Penalized

The severity of a DUID charge depends on your prior record and the circumstances of the arrest:

Class C misdemeanor - Most first-time offenses where no endangerment occurred. Penalties include up to 60 days in jail and fines up to $500.
Class A misdemeanor - If your driving endangered another person or your BAC was 0.15% or higher, the charge is elevated. You could face up to one year in jail and fines up to $5,000.
Level 6 felony - This applies if you have a prior OWI/DUID conviction within the last seven years or if there was a minor in the vehicle. Penalties include imprisonment for up to two and a half years and fines of up to $10,000.
License suspension - A conviction typically results in a license suspension ranging from 180 days to two years.

Potential Defenses Against DUID

Drugged driving cases are legally and scientifically complex. At Rathburn Law Office, P.C., we analyze every detail to build a robust defense:

Challenging the initial stop. If the police lacked reasonable suspicion to pull you over, the evidence gathered, including drug tests, may be ruled inadmissible.
Inaccurate testing procedures. Blood tests must follow strict forensic protocols. We scrutinize the chain of custody and the calibration of the laboratory equipment.
Prescription defense. If the substance in your system was a drug you were legally prescribed and you were consuming it as directed, we can argue for the dismissal of charges.
Metabolite vs. active impairment. Many drugs, particularly THC, stay in the system for weeks. We can challenge the prosecution’s claim that the presence of a metabolite proves you were actually impaired at the time of driving.

Why Choose Rathburn Law Office, P.C.?

When your freedom and driving privileges are on the line, you deserve an attorney who understands the science behind the charges. Chuck Rathburn is nationally recognized in OWI defense.

Unrivaled proficiency: Mr. Rathburn is one of the few attorneys in the U.S. qualified by courts on alcohol's effects on the body and the technology used in chemical testing.
Scientific precision: As a certified phlebotomist, Mr. Rathburn understands blood draws and toxicology better than many of the state’s own experts.
Respected training: Attorney Rathburn doesn’t just practice law; he teaches it, training other attorneys and judges on how testing machines and field sobriety tests can fail.

Don’t let a DUID charge define your future. Our Indiana DUID attorney provides the aggressive and highly trained representation you need at this crucial time.

Call (463) 465-2401 or reach us online today to book a free virtual case evaluation about your DUID charge.

Contact Us Today

At Rathburn Law Office, P.C., we're always ready to take your call! Give us a call at (463) 465-2401 or fill out the form below to contact one of our team members.

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Call Chuck!
“I am always impressed by his knowledge and understanding and ability to think outside of the box.”

- Mary M.

Call Chuck!
"Chuck’s knowledge and understanding of breath alcohol instruments is exceptional. He worked closely with a manufacturer for many years learning and sharing the knowledge with the defense community. I have gone to Chuck on many occasions to discuss breath alcohol issues and aspects of how the instrumentation deals with the sampling and analysis. I consider him one of the leading experts on breath alcohol within the defense community. As an attorney, Chuck works hard for his clients and doesn’t just deal cases away. He takes the cases personal and fights to get the best resolution possible. In my 30 some years as an expert in breath alcohol testing, Chuck Rathburn is, by far, one of my favorite attorneys for consulting and brainstorming ways to expose the pseudoscience and bad science in the alcohol testing community. I am always impressed by his knowledge and understanding and ability to think outside of the box. I do not hesitate to say Call Chuck!"

- Mary M.
Worked Hard to Help
“Chuck was able to get the DUI dismissed to a lesser charge.”

- John K.

Worked Hard to Help
"My first attorney told me I had to plead guilty to DUI because they didn't think I had a defense. Chuck was able to get the DUI dismissed to a lesser charge. He worked hard to help me."

- John K.
Outstanding Job
“When looking for DataMaster training for my staff, I looked no further than Charles Rathburn.”

- Jon S.

Outstanding Job
"When looking for DataMaster training for my staff, I looked no further than Charles Rathburn. Mr. Rathburn did an outstanding job educating my entire staff on the concepts of breath alcohol testing while thoroughly explaining the problems associated with breath alcohol testing."

- Jon S.
Intense Passion
“I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others.”

- Eric G.

Intense Passion
"I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others. Chuck has an intense passion for learning about this machine, and has a gift of how to present it in a format that is easy to digest and understand."

- Eric G.
Key to Success
“Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results.”

- Mark R.

Key to Success
"The in-depth DataMaster training I received from Chuck Rathburn has been a key to success in court. After taking the hands on breath test training from Chuck I am better able to analyze DUI breath cases from the inside out. Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results."

- Mark R.