Better Understanding Indiana OWI Law
A good Indiana OWI Lawyer understands that an arrest for OWI could be one of the most devastating things that have ever happened to you. You need someone who will be there with you to guide and represent your rights through the entire process.
In Indiana a first offense OWI conviction can lead up to one year in Jail. If a child is in the vehicle you could be charged with a felony even on your first offense. After conviction of your first OWI you will be charged will a felony if you are arrested again within 5 years of the first. This could carry up to 3 years in prison.
The Breathalyzer and Indiana’s implied consent law.
IC 9-30-6-1 Chemical test for intoxication; implied consent
Sec. 1.” A person who operates a vehicle impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a vehicle in Indiana.”
The implied consent only applies to an approved state test (breath, urine, or blood). You must submit to an approved test within three hours of your driving, or your license will be suspended. The implied consent law does not provide penalties for refusing to take any non approved tests, such as “field sobriety tests”. These tests only give the officer probable cause and should be avoided. When being asked to submit to an approved state test, you will not be allowed to consult a Lawyer first. The Officer will explain the ramifications to you of not complying. Always follow the Officers instruction. Don’t give any additional information other than what you are asked.
License Suspension by the Indiana BMV
Tests resulting in a BAC of.08% or greater carry a 180-day license suspension. Test refusal results in a 1-year license suspension; which is admissible in Court.
In many cases an experienced Attorney can challenge breathalyzer results, get license suspensions reduced and get Alcohol offenses off of your driving record, however each case is always different. Contact a licensed Attorney as soon as possible after your arrest to insure your legal and driving rights are protected.
This article provides information about the law designed to help with legal needs. But legal information is not the same as legal advice. You need to be aware that laws are constantly changing. This article is not intended to give legal advise but only information. For the application of law to an individual’s specific circumstances, or for current laws consult a lawyer.