Operating While Intoxicated can be charged many different ways in Indiana. You can be charged based solely on an officers observations that you appeared to be intoxicated. You can also be charged for being under the influence of drugs. Also, if you have a prior OWI, you can possible be charged with a felony offense for having a prior conviction.
Standardized Field Sobriety Testing is something that an officer conduct when investigating an Operating While Intoxicated offense. These test can included a walk & turn, Horizontal Nystagmus Gaze (eye test), and the one legged stand. You can be charged with an OWI based on the officer's observations during these tests.
Law enforcement has a couple of tests it can administer to figure out what your Blood Alcohol Contact (BAC) is. A breathalyzer test is where you blow into a device that will be able to record a scored based on the alcohol emitted from your breath. Officers can also apply for a warrant to have your blood drawn and sent for testing. In Indiana it is a pers se violation to have a BAC of .08 or greater. You could still be charged if your score is below .08, depending on the specific facts in your case.
Being charged with an Operating While Intoxicated offense can wreak havoc on your license and driving privileges. Depending on how you are charged will trigger certain suspensions and make you either eligible or ineligible for specialized driving privileges.
In some instances a court can order an individual to have driving privileges during or after an Operating While Intoxicated case so long as an ignition interlock device is installed on your vehicle. This device requires you to blow into it each time you start and it makes sure you do not have alcohol in your system.
If you are a habitual traffic violator, that means your license is suspended indefinitely and driving will cause you to be charged with a felony offense. At Galloway Law we can work with you to try and clean up your driver's record so you can get your driving privileges reinstated.
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