Challenging an OWI in Indiana

Being arrested for operating while intoxicated (OWI) or driving under the influence (DUI) can be a daunting experience, with potential long-term consequences that can significantly impact your life. Beyond the immediate legal penalties, the implications of such a conviction can affect your employment prospects, insurance applications, and even your reputation.

Therefore, it’s crucial to arm yourself with the best defense possible. This is where the help of an experienced DUI attorney comes into play. At Stracci Law Group, our seasoned Indiana DUI attorneys have a proven track record in successfully defending clients charged with DUIs or OWIs. We understand the intricacies of Indiana’s DUI laws and can guide you through the process, helping you navigate the legal system and fight your charges.

Understanding the Consequences of an OWI Conviction

OWI convictions can come with many severe consequences, including:

• Suspension of your driver’s license
• Expensive fines and court costs
• Court-mandated community service
• Court-mandated substance abuse treatment
• Increased insurance rates
• Court-mandated classes and programs
• Loss of employment
• Jail time

Because of the possible consequences, it’s not worth attempting to fight your charges alone. Contact our reputable DUI attorneys for the best shot at preserving your freedom and reputation.

The Timeline and Procedure of a Typical OWI Traffic Stop

If you’re pulled over by an officer who suspects you of driving under the influence, you can expect it to play out somewhat predictably.

First, the officer will engage their lights and possibly siren in order to get you to pull over. During this time, the officer will evaluate your initial reactions, how long it takes you to stop, and the manner in which you pull over.

The officer will then approach your vehicle and request your license, registration, and insurance. It’s important to note that they may or may not tell you the reason for the stop at this time. At this point, the officer may assess your coordination, your dexterity, and how long it takes you to find your documents.

The officer may ask you questions such as “Where are you coming from?” or “Where are you going?” While you answer, the officer will typically determine whether you smell alcohol or drugs. They may also examine your eyes or listen to your speech for slurring or other irregularities.

The officer may also ask if you’ve had anything to drink. Using your answers, the officer can reasonably determine if you’ve consumed alcohol and how long it’s been since your last drink. These answers can then be used to infer your level of intoxication roughly. However, you are not required to provide this information.

If the officer has reasonable suspicion of your possible intoxication, they may ask you to step out of the vehicle to perform field sobriety tests. These exercises will help the officer assess your balance, coordination, and ability to follow directions.

The officer may ask you to submit to a portable breath test (PBT). This is another tool the officer uses to assess your level of intoxication. It’s important to note that you can refuse this test, and it’s not admissible in court.

Depending upon the results of your tests (or your refusal thereof), the officer will inform you that you are under arrest and read you Indiana Implied Consent, which details that anyone who operates a vehicle impliedly consents to a chemical blood alcohol concentration (BAC) test via breath, blood, or urine, before offering a chemical test. However, the officer may then require you to take a certified chemical test. If you refuse to submit a chemical test, your license may be suspended for one to two years. A chemical test may be admissible in court.

During the investigation, you — and possibly your car — may be searched. Your car may also be towed at your expense.

Finally, after your BAC level is confirmed to be above the legal limit, you will be taken into custody and likely be required to post a substantial cash bail to be released.

Tactics to Combat DUI Charges

At Stracci Law Group, we understand the impact that DUI charges may have on your life. That’s why we examine the minute details of your case to determine the most effective strategy to help you.

One of the biggest fallacies in OWI cases is that there is no defense. But the reality is that there are several ways to combat a DUI or OWI charge. This is typically done by questioning several key aspects, including:

The Reason for the Stop

Many drivers are pulled over under the suspicion of DUI due to their behavior on the road. Since most modern police cars are fitted with high-definition audio and visual equipment, it can be difficult to combat these justifications.

Though most are pulled over for traffic violations, some people are pulled over due to what are known as safety checkpoints. These checkpoints are typically set up on busy public roads, often during weekends, holidays, and late-night hours. Within these checkpoints, police officers may legally stop every vehicle or use a pre-approved method to stop drivers randomly. Public notification is typically required for these checkpoints, although the exact location doesn’t need to be disclosed.

Because police officers don’t need a reason to stop you at a checkpoint, it raises the question of whether a driver feels intimidated into giving away more information than they should. In order to avoid a routine stop from escalating into an unnecessary field test or your rights being violated, it’s important that you:

• Be polite and respectful.
• Present your license, insurance, and registration when asked.

Due to the speculative nature of these checkpoint stops, you should be aware that you have many legal avenues to fight these charges, particularly due to the strict DUI laws that govern police conduct at checkpoints. A competent lawyer can devise the best defense strategy based on the specifics of the arrest.

The Accuracy of the Field Sobriety Test

When a driver is suspected of DUI, they are typically asked to perform standardized field sobriety tests before any chemical tests are conducted. You have the right to refuse the field sobriety tests. These tests typically include:

• The One-Leg Stand Test.
• The Walk-and-Turn Test.
• The Horizontal Gaze Nystagmus Test.

These exams are designed to assess a driver’s balance, coordination, and reaction to light. However, they are often criticized for their lack of accuracy and subjectivity, as they rely heavily on the officer’s judgment rather than scientific data. As such, an experienced attorney can often challenge the validity of these tests in court — and therefore, the basis for the arrest.

The Legal Justification and Accuracy of a Breathalyzer Test

The officer may offer you the opportunity to submit to a portable breathalyzer test as part of the standardized field sobriety tests. While a portable breathalyzer test can be refused without penalty, the officer can compel you to submit to a certified breath test under Indiana’s Implied Consent law.

The certified test can be admissible in court, but the police may be required to provide evidence to prove that the testing device was functioning properly.

The Precision of Blood Test Results

Blood tests are typically conducted by certified phlebotomists or other medical professionals. The accused driver is usually taken to a hospital — or occasionally, a police station — for the test.

Several factors can cast doubt on the reliability of these tests in a DUI case. For example, the time lapse between the initial police stop and the actual blood test can potentially elevate the blood alcohol concentration beyond the level at the time of driving.

Furthermore, the accuracy of blood test results can be questioned for various reasons, such as potential contamination of the test results, mishandling of blood test evidence, improper refrigeration of the blood samples, or other test-related issues that could falsely inflate the BAC level.

Whether or Not a Driver’s Miranda Rights Were Violated

Miranda warnings are a set of rights verbally explained by law enforcement to detained individuals, often playing a crucial role in DUI cases. Essentially, they allow the individual the right to remain silent and refuse to answer any questions after being detained. They clarify that anything the individual says may be used against them in court. They also allow the individual the right to an attorney, for advice and during police questioning.

Any statement made by a suspect during police questioning after being detained cannot be used as evidence in court unless the Miranda warning was issued beforehand. This is because the individual could otherwise argue in court that they did not know they could have remained silent and therefore not incriminate themselves during police questioning.

As such, a competent attorney can potentially exclude certain information from evidence if Miranda rules are not strictly adhered to by the police.

Other Factors

There are several more key elements that can play a significant role in your case, including:

• Operation of the Vehicle: In order to be convicted of an OWI, you must have been operating a vehicle.
• Vehicle Classification: Not all vehicles are treated the same under DUI laws, and this can sometimes provide a potential defense.
• External Factors: Weather conditions or road hazards may contribute to erratic driving, sometimes explaining behavior that might otherwise be attributed to intoxication.
• Medical Conditions and Medications: Certain medical conditions or prescribed medications can negatively and erroneously affect the results of sobriety tests.
• Video Evidence: Dashcams, body cameras, surveillance cameras, and other sources of video footage can provide crucial evidence in your case.
• Legal Challenges to Searches: If your rights were violated during a search of your person or property, it could potentially lead to a dismissal of evidence.
• Officer’s Training and Qualifications: The training, qualifications, and personnel records of the arresting officer can sometimes be called into question, particularly if there are concerns about their conduct during the arrest.
• Independent Witnesses: Witnesses can provide crucial testimony in your case to either provide clarifying context or exonerate you completely.
• Expert Witnesses: Expert witnesses can provide professional insights, such as the reliability of breathalyzer tests or the effects of certain medications.

As you can tell, there are many ways to argue your innocence, even if the evidence seems incriminating. For the best possible defense, contact the DUI defense attorneys at Stracci Law Group today.

Secure Your Defense Against OWI in Indiana

At Stracci Law Group, we will fight to protect your freedom and restore your driving privileges as quickly as possible. We have handled thousands of OWI cases and have over 80 years of collective experience.

During a free consultation, we’ll take the time to get to know you and understand your unique situation and goals. We will discuss your case and review what steps can be taken to allow you to drive legally until this matter is behind you.

If you’ve been charged with an OWI offense, call Stracci Law Group today to schedule a free, no-obligation consultation, and let us put our skills to work for you.

*Note that cases involving the State, the Federal government, and state, local, or Federal agencies have specific, time-sensitive notifications that must be made in a much more compressed timeframe.  If you believe you are involved in a case involving one of these entities, be sure to contact an attorney as soon as possible or you could waive your right to pursue litigation against them.