New Driving, Alcohol & Drug Criminal Laws

Alcohol & Drug Laws:

• Senate Bill 13- Administration of overdose intervention drugs:

  • Community corrections officers and probation officers may administer an overdose intervention drug, for which they will have to report its use to the emergency ambulance service responsible for reporting the use to the Indiana emergency medical services commission. The persons permitted to administer an overdose intervention drug must receive education and training on drug overdose response and treatment, and will benefit from civil immunity.

• Senate Bill 74- Terminological changes:

  • The substance Mexedrone has been added to the definition of “synthetic drug” and the existing statutory list of depressants, hallucinogens, and opiates classified as schedule I now include additional controlled substances.

• Senate Bill 139- Investigation of overdose deaths:

  • If the county coroner reasonably suspects the cause of a person’s death to be accidental or intentional overdose of a controlled substance, they will have to:
    • Obtain any relevant information about the decedent maintained by the INSPECT program.
    • Extract and test certain bodily fluids of the decedent.
    • Report test results to the state department of health.
    • Provide the department notice of the decedent’s death, including any information concerning the controlled substances involved.
  • The coroners training and continuing education fund shall be used for the costs incurred by a county coroner to perform investigations of overdose deaths for the 2018-2019 state fiscal year.

• Senate Bill 404- Operating under the effects of alcohol

  • The minimum age for a person to be convicted of operating a vehicle while intoxicated causing death is reduced, and the defense to certain operating while intoxicated offenses involving the use of a controlled substance only applies if the defendant consumed the controlled substance under prescription.

• House Bill 1359- Drug dealing resulting in death

  • Manufacturing or dealing certain controlled substances resulting in the death of a user will imply committing a Level 1 felony if the controlled substance is cocaine, methamphetamine, or a schedule I, II, or III controlled substance; a Level 2 felony if the controlled substance is a schedule IV controlled substance; and a Level 3 felony if the controlled substance is a schedule V controlled substance or a synthetic drug or synthetic drug lookalike substance. Our Indianapolis drug trafficking lawyers can help you if you have further questions regarding drug charges.

Driving & Vehicle Laws:

• Senate Bill 98- Specialized driving privileges.

  • An individual’s specialized driving privileges expire after the termination of the suspension of the individual’s driving privileges if the underlying conviction, charge, adjudication, or determination that forms the basis of the suspension is reversed, vacated, or dismissed; or the individual is found innocent of having committed the underlying act or offense that forms the basis of the suspension. The court must inform the bureau of motor vehicles of a termination of a suspension and expiration of specialized driving privileges.

• Senate Bill 266- Motor vehicle safety.

  • License plates must be displayed in a horizontal and upright position that displays the registration expiration year in the upper right corner. Renewal stickers for license plates must cover the previous registration expiration year.
  • Trailers of less than 3,000 pounds gross weight are not required to be equipped with brakes. Head lamps on motor vehicles, motorcycles, and motor-driven cycles may display only white or amber light.
  • Motor vehicles except for motorcycles, motor vehicles manufactured before January 1, 1956, and motor driven cycles must be equipped with two stoplights.
  • Stop lamps on the rear of a vehicle must be red; and signal lamps on the rear of a vehicle must display only red or amber light or any shade of color between red and amber.
  • Signal lamps showing to the front of a vehicle must display only white or amber light or any shade of color between white and amber.
  • Window treatments may not be applied below the AS-1 line.
  • The program established by the Indiana state police for the inspection of equipment for private buses applies only to private buses designed or used to transport 15 or more passengers, including the driver.
  • The provision in current law prohibiting the bureau of motor vehicles from registering a private bus unless it has an unexpired certificate indicating compliance with the inspection program for private buses applies only to private buses that are designed or used to transport more than 15 passengers, including the driver.
  • Exceeding an altered speed limit established by a local authority is a Class C infraction.
  • Provides that exceeding a speed limit in a school zone is a Class B infraction.
  • Failing to maintain a minimum speed limit established by the department of transportation is a Class C infraction.
  • Exceeding an altered speed limit established by the department of transportation is a Class C infraction.
  • A vehicle must be driven entirely within a marked lane.
  • A plain clothes law enforcement officer in an unmarked police vehicle may make an arrest for a violation of reckless driving causing endangerment; recklessly passing a stopped school bus resulting in bodily injury; and operating a vehicle while intoxicated in a manner that endangers a person.

• Senate Bill 212- Vehicle weight limits:8

  • Milk is excluded from the definition of “overweight divisible load”. The department of transportation (department) may issue an overweight permit for the transportation of bulk milk up to 100,000 pounds. The department must issue an annual permit with a fee of $20 to an applicant for a bulk milk permit whose total equivalent single axle load calculation is equal to or less than 2.40 equivalent single axle load credit, and a non-divisible overweight permit when higher.

• Senate Bill 262- Veterans matters:

  • The bureau of motor vehicles will issue a permanent parking placard to a disabled Hoosier veteran when requested.

If you have any questions about your case or how the new laws may impact your situation give our Indianapolis criminal attorneys a call at Banks & Brower 24/7 at (317) 870-0019 or email us at info@banksbrower.com.