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Understanding the roadside test for drugs in Indiana

On Behalf of | Oct 18, 2024 | Criminal Defense |

Although drugged driving is just as dangerous as drunk driving, it’s harder for law enforcement officers to determine whether someone has drugs in their system when they stop a driver than if they’ve been drinking alcohol. There’s currently no breath test for drugs as there is for alcohol.

Further, there’s no legal limit for various drugs as there is for alcohol. If someone is determined to have drugs in their system via an eventual drug test, it doesn’t prove impairment. The psychoactive ingredient in cannabis (THC) can stay in someone’s system for days or longer. These things can be a problem for both police and drivers. 

What does the test involve?

Indiana law enforcement agencies are ahead of many others around the country when it comes to roadside testing for drugs. Since 2020, departments across the state have been increasingly using oral fluids tests to detect the presence of a number of drugs.

Officers don’t use this test on every driver they pull over for suspected impaired driving. They’re used only if someone has failed the standard field sobriety tests but passed a breathalyzer-type test. The test, in which a driver’s mouth is swabbed, can identify the presence of drugs including cocaine, opiates, amphetamines, methamphetamine, benzodiazepines and cannabis within five minutes. 

What’s next after a positive result?

While the test results can’t be used as evidence of impaired driving in court, they can give officers probable cause for arresting someone for driving under the influence. Then officers can get a warrant for a blood test, which provides more certainty and can be used in court. Unlike the oral fluids test, which a driver can refuse under Indiana law (at the risk of losing their license for a time), a blood test ordered with a warrant can’t be.

If you’re facing any kind of impaired driving charge, it’s important to make sure that the process that led to the charge didn’t violate your rights. Getting legal guidance as soon as possible can help you protect your rights and determine your next steps.

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