How To Beat An Owi In Indiana

How to Beat an OWI in Indiana: A Guide to Protecting Your Rights

Facing an OWI (Operating While Intoxicated) charge in Indiana is a serious matter with potentially life-altering consequences. This guide provides crucial information to understand your rights and navigate the legal process. Remember, this information is for educational purposes only and is not a substitute for legal advice. You MUST consult with a qualified Indiana OWI attorney.

Understanding Indiana's OWI Laws

Indiana takes OWIs very seriously. The penalties can include significant fines, jail time, license suspension, and a criminal record. The specific charges and penalties depend on several factors, including:

• Blood Alcohol Content (BAC): A BAC of .08% or higher is considered legally intoxicated. Higher BACs lead to more severe penalties.
• Prior Offenses: Repeat OWI offenders face much harsher punishments.
• Aggravating Circumstances: Factors like accidents, injuries, or high BAC levels can increase the severity of the charges.

Building Your Defense: Key Strategies

Successfully defending against an OWI charge requires a strategic approach. Here are some key areas your attorney will focus on:

1. Challenging the Stop

Your lawyer will scrutinize the circumstances of the traffic stop. Were there sufficient grounds for the police officer to pull you over? Was the stop legal and conducted in accordance with Indiana law? Any procedural errors during the stop could weaken the prosecution's case.

2. Questioning the Field Sobriety Tests (FSTs)

FSTs, like the horizontal gaze nystagmus (HGN) test or the walk-and-turn test, are often unreliable. Your attorney can challenge the accuracy and administration of these tests, highlighting potential flaws in the officer's methodology or your physical limitations.

3. Examining the Breathalyzer or Blood Test Results

The accuracy and reliability of the breathalyzer or blood test are crucial. Your attorney will investigate:

• Proper Calibration and Maintenance: Were the devices properly calibrated and maintained according to Indiana standards?
• Chain of Custody: Was the chain of custody of the sample unbroken, ensuring no tampering or contamination occurred?
• Potential Errors: Were there any potential errors in the testing procedure that could affect the results?

4. Investigating Police Procedures

Your attorney will thoroughly investigate the officer's conduct and procedures to identify any violations of your constitutional rights. This includes evaluating:

• Probable Cause: Did the officer have sufficient probable cause to stop you and administer field sobriety tests?
• Miranda Rights: Were your Miranda rights properly read and understood?
• Implied Consent: Did you understand and waive your implied consent rights to chemical testing?

Finding the Right Legal Representation

Choosing an experienced OWI attorney in Indiana is paramount. Look for an attorney with a proven track record of successfully defending OWI cases. They should be familiar with Indiana's specific laws and procedures and possess a deep understanding of forensic evidence.

Remember: Navigating an OWI charge is complex. Seeking immediate legal counsel from a qualified Indiana OWI attorney is crucial to protecting your rights and maximizing your chances of a favorable outcome. Don't delay; your future depends on it.