INDIANA OWI LAWS

In Indiana, driving under the influence (DUI) is commonly referred to as “operating while intoxicated” (OWI).  A person can be convicted of an OWI if the they were operating a vehicle and they have a BAC or blood alcohol level of 0.08% or if they were operating with a schedule I or II controlled substance or its metabolite present in their body.  

The penalty for a first offense is a Class C Misdemeanor.  It can be enhanced to a Class A Misdemeanor if the driver had a BAC of 0.15% or more, or drove a vehicle in a manner that endangered another person.  A first time OWI can also be enhanced to a Level 6 Felony if the driver had a passenger under 18 years of age in the vehicle.

If you are driving while intoxicated and injure another person or cause a serious bodily injury, it will be categorized as a Level 6 felony.  If you have a prior conviction it can be considered a Level 5 felony. If you are driving while intoxicated and cause a death it will be categorized as a Level 5 felony.  If you have a prior OWI conviction it can be considered a Level 4 felony.

The penalties for an OWI can also be enhanced if you have multiple OWI’s.  The chart below is a summary of the OWI penalties in Indiana:

FIELD SOBRIETY TESTS AND THE BREATHALYZER

Anyone driving in Indiana is considered to have given consent to sobriety testing.  If you are pulled over and an officer believes that you may be impaired, they may ask you to conduct field sobriety tests. These are the walk and turn test, the one-leg stand, and the horizontal gaze nystagmus test.  These tests are performed in order to give the officer more evidence necessary to make an arrest and to allow them to ask you to take a portable breath test. Officers are required to warn drivers that refusal of the field sobriety tests will result in automatic forfeiture of their licenses.  A blood alcohol level of 0.05% to 0.08% on the portable breath test can be considered driving under the influence and the officers can perform additional tests, such as a blood draw or breath test at the station to attempt to verify impairment.

It is important to know that you do have a right to refuse these field sobriety tests and many attorneys would advise you to refuse field sobriety testing.  This is because by refusing you limit the evidence available to use against you in court. The difficulty though is that by refusal of the sobriety test can result in the automatic suspension of your driver's license for a year after the first referral.  Any further refusals after the rest result in an automatic two year drivers license suspension. You may still also face an OWI charge because they can still find probable cause to arrest you based on unsafe driving, slurred speech, or the smell of alcohol on you.

There are common downfalls with standard field sobriety tests.  For instance, if you were only tested by the portable breath test, additional chemical testing will be required and you are asked to either submit to a blood draw or are taken to the station to take a test more reliable machine known as the Datamaster.  These tests should be performed within three hours for the results to be valid.

If you have been charged with operating while intoxicated, you will want to contact an Indianapolis DUI Lawyer to have your case reviewed to see if the procedures were properly followed, the equipment was properly calibrated, and the officers had appropriate training to conduct the tests.  

CONSEQUENCES OF AN OWI CONVICTION

As outlined above, there is a range of penalties that can occur depending on what class or level of crime you are charged with and whether or not you have any prior DUI’s.  

Jail Time.  There is no mandatory jail time for your first OWI. If you have one prior OWI there will be a mandatory sentence of five days and if you have a second OWI you will face a mandatory sentence of ten days.  

Community Service.  There is often some community service requirement as a result of an OWI conviction and community service can sometimes be granted in lieu of jail time.  

SAT/AET.  You will be required to complete a drug or alcohol assessment and complete the recommended drug or alcohol treatment program.

License Suspension.  You will face a license suspension of 90 to 180 days for your first OWI.  If you are a did not refuse any field sobriety tests you may qualify for Specialized Driving Privileges that would allow you to drive to places such as school, work, and doctors appointments.  A common requirement of this special license is the installation of an ignition interlock device that you would blow into each time you got into your vehicle to drive.

WHAT TO DO IF CHARGED WITH A DUI

If you have been charged with a DUI you are probably concerned about how this may impact your life and what the penalties may be. You are probably also concerned about a potential license suspension. The OWI Lawyers at Vining Legal are well versed in the Indiana DUI laws. We work to see if you qualify for specialized driving privileges which will help you be able to drive to work and other import places. We can also gather the police reports and start analyzing the fats in your situation and begin to answer important questions such as:

• Did the officer have a reason to stop your vehicle?

• Where the field sobriety tests properly administered?

• Was the evidence against you lawfully obtained?

• Were you on any medications or afflicted with any medical issues that would impact any of any field sobriety or BAC tests?

• Was the officer properly qualified to administer the tests?

• Was the equipment properly calibrated