How to Fight a Blood Test in an Indiana OWI Case
A failed blood test in an Indiana OWI case could cost you your license—or worse. Picture this: you’re pulled over, the officer suspects you’ve been drinking, and next thing you know, you’re facing a blood draw that says you’re over the limit. Guilty or not, that result can feel like a done deal. But what if it’s wrong? In Indiana, where OWI (Operating While Intoxicated) laws are tough, a flawed test doesn’t have to be the end of your story.
At Vining Legal, we’ve helped Hoosiers challenge Indiana OWI blood tests and win. In this guide, we’ll show you how blood tests work, where they can fail, and the steps to fight back with a defense that holds up. Don’t let a bad result define your future—let’s dive in.
How Blood Tests Work in Indiana OWI Cases
First, understand the enemy. In Indiana, a blood test measures your BAC (Blood Alcohol Concentration) to prove intoxication under Indiana Code IC 9-30-6-5. It’s usually taken after a traffic stop, crash, or refusal of a breath test. The legal limit? 0.08% for most drivers, lower for commercial (0.04%) or underage (0.02%). Cross that line, and you’re facing fines, jail, or a suspended license.
Here’s the kicker: Indiana’s implied consent law (IC 9-30-6-7) means you agree to testing just by driving. Refuse, and your license is gone for up to a year—plus the refusal can be used against you. Cops and prosecutors lean hard on these OWI blood tests in Indiana, treating them like gospel. But what if the test isn’t as reliable as they claim? That’s where your fight begins.
3 Ways to Challenge a Blood Test in an Indiana OWI Case
A blood test isn’t unbeatable—it’s science, and science can fail. Here are three ways to challenge it:
1. Question the Test’s Accuracy
Machines aren’t perfect. Faulty equipment, poor calibration, or lab mix-ups can spit out wrong numbers. Was the testing device certified? Were the vials clean? Even a small error—like a 0.01% misread—can drop you below Indiana’s 0.08% limit. We’ve seen labs botch results, and courts listen when you prove it. Challenging an OWI blood test in Indiana starts with doubting the tech—don’t assume it’s flawless.
2. Attack the Procedure
The law’s strict about how blood’s drawn and handled. Indiana Code IC 9-30-6-6 demands proper protocols—trained staff, sterile conditions, an unbroken chain of custody. Was the sample left sitting too long? Did an unqualified tech draw it? Indiana courts have tossed tests over sloppy handling.
3. Highlight Timing or Medical Factors
Timing can save you. Rising BAC means your alcohol level might’ve spiked after you drove—legal at the wheel, over later. Or maybe a medical issue skewed it—diabetes, acid reflux, even diet can mimic intoxication on a test. Indiana OWI defense strategies like these flip the script: the state has to prove the number matches the crime. No proof, no case.
Common Mistakes to Avoid When Fighting an OWI Blood Test
You can have a winning defense and still lose if you slip up. Avoid these traps:
Refusing the Test Outright: Say no, and IC 9-30-6-7 slaps you with an automatic suspension—plus it looks bad in court. Take it, then fight it.
Spilling to Police: “I only had two beers” can lock you into a story they’ll twist. Stay quiet until you’ve got a lawyer.
Missing Deadlines: Indiana OWI cases move fast—skip a hearing or filing, and you’re sunk.
These OWI mistakes in Indiana kill your chances. One misstep, and the state’s got you—don’t hand them the win.
Why You Need a Lawyer to Fight an Indiana OWI Blood Test
Can you fight this alone? Sure—if you like long odds. An Indiana OWI lawyer changes the game:
They Know the Law: IC 9-30-6 is dense—lawyers spot flaws in testing or arrests you’d miss.
They Get Evidence: Subpoenas for lab logs, expert witnesses on BAC science—that’s their turf.
They Cut Deals: Most OWIs settle—reduced charges or dismissals come from skilled negotiation.
At Vining Legal, we’ve turned blood test cases around. Facing an OWI in Terre Haute? Call us at (317) 759-3225 for a free consultation—we’ll find your edge.
How Vining Legal Fights Your Indiana OWI Blood Test
At Vining Legal, we don’t mess around with OWI defenses. Our approach? We grill the evidence—test accuracy, draw procedures, chain of custody. We dig into your story—was it rising BAC? A medical fluke? Then we hit the state with Indiana OWI defense strategies, like self-defense timing or procedural screw-ups under IC 9-30-6-6. We’ve got the playbook, and we play to win. Need more legal prep? Check out The 3 Essential Documents You Need for Estate Planning.
Conclusion: Take Control of Your OWI Defense Today
A blood test in an Indiana OWI case isn’t the final word—accuracy, procedure, and timing can all be challenged with the right defense. You’re not stuck with a guilty label if the test’s shaky. But fighting smart takes more than guts—it takes know-how.
Take control now. Schedule a free consultation with Vining Legal. Call us at (317) 759-3225, text us, or click here to start. A bad test doesn’t have to ruin your life—let’s beat it together.
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