Indianapolis DUI Laws

Indianapolis DUI Defense Laws

Have you been charged with OWI in Indiana? You’re scared. You’re nervous. Let Rathburn Law Offices guide you through the legal process. You understand that there are DUI penalties for DUI and DWI.

Indiana uses the legal term OWI (operating while intoxicated) rather than the terms DUI and DWI. Indiana prohibits all motorists from operating any vehicle while they are intoxicated. Indiana defines “intoxicated” in several ways.

You are intoxicated when you meet any of the following criteria:

  • You have a blood alcohol concentration (BAC) of .08 or higher.
  • You have any amount of a Schedule II or III drug in your system.
  • You are actually intoxicated by alcohol or any drug.

You may wonder what drugs are considered a Schedule II or Schedule III drug. Most states include the same drugs in these categories. It may be a defense if you have a valid prescription for the drug. The following Schedule II and III drugs are violations of the OWI laws:

  • Cocaine
  • Opiates
  • Marijuana
  • Methamphetamine
  • Hallucinogenics

Indiana Has “Per Se” OWI Laws

Indiana has “Per Se” laws that address operating while intoxicated. If you meet the minimum BAC, you are in violation of the statute. If you have a BAC of .08 or higher you are operating while intoxicated.

This doesn’t mean your BAC must be .08. There is a third part of Indiana’s OWI statute. It states you are OWI if you are operating a vehicle while actually intoxicated by alcohol or drugs.  If the officer believes you are intoxicated, he will arrest you for OWI. The judge will determine if you are guilty of OWI.

Zero Tolerance

The legal drinking age in Indiana is 21. Therefore, Indiana has a zero-tolerance law for drivers under 21. If you are under 21, the BAC for OWI is .02. This is much lower than the general .08 requirement.

Implied Consent

Drivers in Indiana are considered to have consented to BAC tests.  You must perform the blood or breath tests. If you refuse, you will be penalized. If you have no prior record, the penalty is a 1-year license suspension. If you have a prior OWI, the penalty is a 2-year suspension.

Plea Bargaining OWI

It is very difficult to plea bargain an OWI. Judges rarely dismiss these charges. The only time they are dismissed is if evidence is thrown out. The judge will not allow plea bargains. There is one exception to this rule. It is a “wet reckless.”

Have you Been Charged with OWI? Contact a DUI Defense Attorney

If you have been charged with OWI in Indiana, contact a DUI Defense Lawyer. One of the best in Indiana is Rathburn Law Office. Everyone is entitled to a strong defense. Fighting DUI laws in Indiana can be difficult to do on your own. Seek a qualified attorney to help you.[/cta]