LE types, Drug Testing with Firearm Violations

[Butch627]

Thats probably a crappy title but the best I could come up with. The Baldwin shooting in New Mexico is what is on my mind but I don't really want to make this thread about that, also because it was in New Mexico not Indiana and their practices may be different. To the cops out there, say you come on a scene and someone is shot or dead. Everyone is telling a different version of what happened but you have 3 people who all may have some culpability. Is alcohol or drug testing commonly or ever done if the people are not showing signs of impairment?

 

[BehindBlueI's]

Is alcohol or drug testing commonly or ever done if the people are not showing signs of impairment?

No, because it's irrelevant unless there is a claim the person was intoxicated against their will. Voluntary intoxication has no impact on culpability, at least in Indiana. See IC 35-41-2-5:

Intoxication is not a defense in a prosecution for an offense and may not be taken into consideration in determining the existence of a mental state that is an element of the offense unless the defendant meets the requirements of IC 35-41-3-5.

 

[WebSnyper]

To the cops out there, say you come on a scene and someone is shot or dead. Everyone is telling a different version of what happened but you have 3 people who all may have some culpability.