Q: How can I be charged with an OWI for having prescribed LEGAL medication in my system while driving?
A:
If you have a valid prescription for the controlled substance found in your body, then you have a defense against the so-called "per se" violation.
See IC 9-30-5-1(c) and (d):
"(c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body commits a Class C misdemeanor.
(d) It is a defense to subsection (c) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice."
This would be an affirmative defense which should be brought to the attention of the prosecutor.
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