An operating while intoxicated (OWI) charge can have serious ramifications and penalties if you are arrested and convicted. To minimize the risk of jail time, fines, or driving restrictions, you should talk with a Northwest Indiana OWI/DUI Lawyer about developing a strong defense strategy to preserve your freedom.
What Constitutes an OWI
An OWI, also referred to as a DUI, involves operating a vehicle while you have a blood alcohol content (BAC) of 0.08% or higher. While OWI charges mostly involve alcohol, they can also apply to impaired driving while under the influence of drugs. Driving under the influence of either substances is illegal and can result in serious penaties,
According to Indiana’s impaired driving laws, penalties for an OWI may include court fees in excess of $300, up to a year in jail, up to $5,000 in fines, license suspension, treatment, and regular testing. If you have two or three prior OWI convictions, these penalties increase in length and severity and may also include community service.
Defenses Your Lawyer May Use Against OWI Charges
When you are facing charges for an OWI, you have a right to hear the charges against you and defend yourself. It is essential to have your lawyer handle your defense and speak on your behalf to protect your rights. There are a few key defenses that can be used to combat the allegations against you so your lawyer can get your charges reduced or dropped.
Lack of Reasonable Suspicion
In order for a police officer to pull you over, they must have a reasonable suspicion that you were drunk or doing something questionable. If they stopped you without a valid reason, then your lawyer can use this violation in your defense to get evidence in your case thrown out.
Lack of Probable Cause
In addition to needing a reason to stop you, law enforcement officers must have probable cause in order to make an arrest. This means that they must be concrete evidence that you are under the influence of alcohol or drugs and have broken the law. Lawyers can use a lack of probable cause to get your case dismissed.
Procedural Errors or Violations
Law enforcement officials are expected to follow all procedures regarding your stop, administration of tests, arrests, evidence handling, and chain of custody. When an officer violates any of these protocols or errors occur, especially regarding evidence, then a lawyer can launch a defense. Because the integrity of the case is compromised, lawyers can argue for a reduction or dismissal of all charges.
Challenging Blood and Breath Tests
Breathalyzer or blood tests may be administered to ascertain your BAC after you have been pulled over. If these tests are not administered correctly, the equipment is defective in some way, or you have a condition that can affect readings, your lawyer can challenge the results and use them in your defense to get your charges reduced or dropped.
Talk to a Lawyer About Defense Strategies in Your Case
To protect your rights after an OWI in Indiana, you should remain silent and hire an experienced lawyer right away. They can ensure your rights are protected and that you do not say anything that can hurt the outcome of your case. To understand your legal rights, options, and how to defend yourself, contact The Law Office of Joseph M. Roberts LLC to schedule a free case evaluation.