What is OWI and How can an OWI Defense Attorney Help?
An OWI is just a different term for drunk driving. Many states call it a DUI. Some call it a DWI. These are all just different terms for driving drunk. You will want an OWI lawyer if you are charged with OWI In Indiana.
OWI stands for operating while intoxicated. Indiana breaks it down into 3 different levels. An OWI can be a felony or a misdemeanor. It all depends on how drunk you are. It also has to do with how often you commit the crime.
Indiana OWI Laws
Indiana defines operating while intoxicated quite clearly. The statute spells out three different types of OWI. You will be arrested for any of these and will need an OWI attorney.
- Operating a vehicle with a BAC of .08 or higher
- Driving with any drugs in your system
- Driving while actually intoxicated by drugs or alcohol
All 3 of these will result in at least a misdemeanor in Indiana. It could even be a felony. You will be arrested and given a court date. You will want to consult a DUI lawyer before your court date.
Driving Under the Influence in Indiana
Indiana prohibits driving while drunk or on drugs. It is easy to test you for drunk driving. It is harder to test for drugs. The police use a breath test device to test for alcohol. This test measures the level of alcohol in your breath.
Your alcohol concentration is zero if you have not been drinking. The state requires a BAC of .08 to be charged with OWI. If you blow a .08, it will be a misdemeanor. Depending on the facts of your case, it could be more serious.
There are two kinds of misdemeanors for OWI in Indiana. One is a Class C misdemeanor. It caries minimal zero to 60 days in jail and a fine of up to $500.00. If you test at .08, it is a Class C misdemeanor. If, however, you test at .15, it is a Class A misdemeanor. This charge carries up to one year in jail and a fine of up to $5,000.00.
Driving Under the Influence of Drugs in Indiana
You will get an OWI charge in Indiana if you drive while on drugs. There are blood tests that can measure this. You can’t drive while on Schedule I or Schedule II drugs, or their metabolites. These are typically controlled substances. Schedule I and II drugs are:
If you have any of these substances or metabolites in your system, you will be charged with OWI. The chances for DUI probation are slim. The statute has a catch-all to cover this. It is an OWI to drive while actually intoxicated. It also states you can’t drive with any drug in your system. Even if they can’t test you at the scene, you can be charged. If you appear to be intoxicated, they have reason enough to arrest you.
Indiana takes a Zero Tolerance Approach. Contact a DUI Defense Attorney.
Indiana takes a zero-tolerance approach to controlled substances and their metabolites in your body or an alcohol concentration in excess of .02 for a minor. Regardless of your charge, you will need an OWI lawyer. Contact an OWI defense lawyer at Rathburn Law Office today.