Understanding the Four Phases of an Indiana OWI Traffic Stop

An OWI (Operating While Intoxicated) traffic stop in Indiana can be an intimidating experience. However, understanding its four distinct phases can empower you to navigate the situation more effectively and build a strong legal defense if necessary.

As a seasoned criminal defense attorney, I’ve helped many clients contest OWI charges by analyzing the critical moments of their traffic stop. This guide breaks down each phase of an OWI stop, helping you understand the process and how to protect your rights.

Phase One: Vehicle in Motion

The first phase begins with the officer observing your vehicle. Law enforcement officers are trained to identify specific behaviors that may indicate impairment, such as:

• Weaving or drifting across lanes.

• Jerky movements or delayed reactions.

• Failing to obey traffic signals or signs.

Before initiating a stop, the officer must have reasonable suspicion based on observable facts that suggest a violation of traffic laws or impairment.

Key Defense Point:

If the officer lacked a valid reason to stop your vehicle, any evidence collected afterward may be challenged in court.

Phase Two: Officer Contact

Once the vehicle is stopped, the officer approaches to assess the situation. During this phase, they observe for signs of intoxication through:

• Sight: Bloodshot eyes, disheveled appearance.

• Sound: Slurred or delayed speech.

• Smell: Alcohol or drugs emanating from the vehicle or person.

How to Handle Officer Contact:

• Politely ask, “Why was I stopped?”

• Avoid discussing your activities or day. Instead, say:

  “I’m not discussing my day. Am I free to go?”

• If the officer continues questioning, invoke your Fifth Amendment right by stating:

  “I am invoking my right to remain silent and request an attorney.”

Phase Three: Field Sobriety Tests

Field sobriety tests are designed to provide physical evidence of intoxication. In Indiana, officers commonly use:

1. Horizontal Gaze Nystagmus Test: Tracks eye movement for signs of impairment.

2. Walk and Turn Test: Assesses balance and coordination.

3. One Leg Stand Test: Measures ability to stand on one leg while following instructions.

4. Romberg Balance Test: Checks balance and internal timing.

These tests must be administered under proper conditions to be considered valid.

What to Watch For:

• Were the instructions clear?

• Was the test conducted on an uneven surface?

• Do you have medical conditions that could affect your performance?

Errors in administration can weaken the prosecution’s case and form the basis for your defense.

Phase Four: Chemical Tests

The final phase involves chemical testing to confirm the presence of alcohol or drugs. This may include:

• Portable Breath Tests (PBTs): Conducted roadside but not admissible in court as evidence.

• Certified Breath Tests: Performed at the station using more reliable equipment.

• Blood Tests: Used to detect specific substances in your system.

Refusing a chemical test can result in an automatic license suspension under Indiana’s implied consent law.

What to Document:

• Were you informed of your rights and the consequences of refusing the test?

• Was the test equipment calibrated and properly maintained?

• Did the officer follow proper procedures?

Key Takeaways from an Indiana OWI Stop

1. Ensure Reasonable Suspicion Exists:
   If the officer didn’t have a valid reason for the stop, your attorney may be able to suppress evidence collected afterward.

2. Protect Your Rights During Officer Contact:
   Remain calm, ask why you were stopped, and avoid discussing your activities without an attorney present.

3. Challenge Field Sobriety Tests:
   Poor test conditions, unclear instructions, or medical conditions can be used to question the validity of the results.

4. Evaluate Chemical Testing Procedures:
   Improper handling of breath or blood tests can compromise the results and form the basis of your defense.

What to Do If You’re Arrested for OWI

If you’re arrested during an OWI traffic stop, follow these steps:

• Invoke Your Right to Remain Silent: Do not answer any questions or provide explanations.

• Request an Attorney: Say, “I am invoking my right to an attorney,” and avoid speaking further until legal counsel is present.

• Document the Stop: Write down everything you remember, including the officer’s behavior, testing procedures, and any statements made.

Need Help with an OWI Case in Indiana?

Understanding the four phases of an OWI traffic stop can help you protect your rights and build a strong defense. If you’ve been charged with OWI in Indiana, contact me, Nathan Vining, at (317) 759-3225 or schedule a consultation here.

As an experienced Indiana criminal defense attorney, I’ll review your case, identify potential defenses, and fight to achieve the best possible outcome. Let’s work together to protect your future.