What to Expect: OWI/DUI Charges
If you are pulled over on suspicion of operating a vehicle while intoxicated (OWI) in or around Indianapolis, or if you are arrested for an OWI after going through a sobriety checkpoint, it is essential to know what you should expect and what steps you will need to take in order to fight the charges against you. Our Indianapolis OWI defense attorneys can provide you with more information about the arrest and charging process, potential defense strategies to consider, and the consequences in the event of a conviction. It is also important to remember that each case has its own set of facts, and the best defense will be tailored to the particular facts surrounding your arrest. Accordingly, you should always begin working with an Indianapolis OWI defense attorney on your case as quickly as possible. In the meantime, the following general information can help to guide your thinking about the OWI arrest process.
Reasonable Suspicion and Probable Cause for a Stop and Search
In general, for a law enforcement officer to pull over a driver on suspicion of intoxicated driving, the law enforcement officer must have what is known as “reasonable suspicion.” Then, to conduct a “search” — which, in the case of an OWI, usually means a breath or chemical test — the law enforcement officer must have what is known as “probable cause” to believe the person has committed an OWI offense.
In addition, sobriety or DUI checkpoints are lawful in Indiana. As such, law enforcement officers can set up these checkpoints in an attempt to catch intoxicated drivers, but the checkpoints must meet certain requirements to be lawful.
Expectations Upon Arrest
If you are arrested for an OWI in Indiana, what should you anticipate happening? You should expect to be taken into police custody and transported to the county jail. You should expect that your vehicle will be towed, and you will be responsible for paying any costs associated with the towing and storage. If you did not consent to a chemical test, you should expect the police to seek a search warrant to take a blood draw. You will be held in custody until you are sober, and in most instances a bond will be set without you having to see a judge.
Defending Against OWI Charges
Following an arrest, when a person is charged with an OWI in Indiana, it is essential to begin working on a defense strategy that is tailored to the facts of the case. You will want to hire a defense lawyer who can assess the best defense strategy. Examples of common defenses include but are not limited to:
- Unlawful search or seizure under the 4th Amendment;
- Faulty breath test machine;
- Untrained breath test operator;
- You were not in fact intoxicated; or
- Unlawful sobriety checkpoint.
Knowing the Consequences of a Conviction
If you are convicted of an OWI — even a first offense — you can face significant penalties under Indiana law. Under Indiana Code Section 9-30-5, even on a first-time misdemeanor offense, you can face up to one year in jail, a fine of up to $5,000, and additional penalties such as court costs, a license suspension, and required attendance in an education course. Subsequent offenses carry additional, mandatory, penalties.
Contact an OWI Defense Lawyer in Indianapolis
If you were arrested for an OWI in Indianapolis, you need to have an experienced Indianapolis OWI/DUI defense attorney at Rigney Law LLC on your side. Contact us today to discuss defense strategies and to get started on your case.
Sources:
in.gov/cji/traffic-safety/impaired-driving/#Indiana_Impaired_Driving_Laws
iga.in.gov/laws/2023/ic/titles/1
