Getting arrested for Operating While Intoxicated (OWI) in Indiana can have serious consequences. You risk losing your license, damaging your record and putting your job in danger. However, many drivers do not realize they have legal rights and options, which can affect the outcome of their case.
Once police pull you over, they begin building a case against you. What you say and do next can either protect you or complicate the situation. If you stay calm, know your rights and act quickly, you can defend yourself. Here is what the police will not tell you.
A low BAC doesn’t protect you
Many drivers believe they are safe if their blood alcohol concentration (BAC) is below 0.08%. That is not true in Indiana.
Police can arrest you if they believe you show signs of impairment, even if you pass a breath test. If they observe red eyes, slurred speech or unsteady movement, they can charge you based on those observations alone.
Understand that officers can arrest you based on their judgment, not just test results.
You can say less and protect yourself
During an OWI stop, officers often ask questions or request that you perform roadside tests. They do this to collect evidence that supports their case.
You do not have to help them. You have the right to remain silent, refuse field sobriety tests and ask for a lawyer before answering any questions. Using your rights keeps you from handing police the evidence they want.
Avoid these common mistakes
What you do after an OWI arrest can directly affect your case. Even small mistakes can weaken your defense. Watch out for these:
- Assuming you’re automatically guilty: You may still have strong legal defenses, even if you failed a test or admitted to drinking
- Missing important deadlines: You must request a license hearing within 10 days or the state will suspend your license automatically
- Delaying contact with a lawyer: You should speak with an attorney early to build an effective defense
- Overlooking evidence: You should request police reports and video footage as early as possible
You improve your chances when you avoid these mistakes and act quickly.
Act quickly to challenge the case against you
The state must prove that the traffic stop was legal, the test results were valid and proper procedures were followed. However, you have the right to question the evidence. Your attorney can investigate whether the officer had a legal reason to stop your vehicle, whether breath or blood tests were handled correctly, and whether the police video matches their report. If police violated your rights, your attorney can challenge or get that evidence dismissed.
You only have 10 days to request a hearing with the Bureau of Motor Vehicles. If you miss this deadline, you could lose your license before your case even begins. Taking quick legal action gives your lawyer time to build a defense and protect your rights from the start.
Safeguard your future after OWI
An OWI charge does not have to control your future. Police count on you to give up or plead guilty without a fight. Consider consulting with a legal professional, such as a Valparaiso OWI attorney, who can provide guidance and support. They can help you build a strong defense to protect your driving privileges, criminal record and future opportunities.