Operating while intoxicated (OWI) charges are the Indiana equivalent of a driving under the influence (DUI) offense. Anyone accused of demonstrating impaired capabilities in traffic could be at risk of an OWI offense, especially if they cause a collision.
Police officers can also arrest people for technical or per se OWI violations. Understanding when a per se charge is a possibility can help motorists make better choices about when they drive or how they respond to an encounter with law enforcement professionals.
Chemical tests can lead to arrest
In many cases, a driver is visibly intoxicated at the time of their arrest for an OWI offense. Difficulty walking, slurred speech, erratic maneuvers on the road and other signs of chemical intoxication can provide police officers with the probable cause they need to request a chemical test and arrest a driver.
Sometimes, police officers request a chemical test during a traffic stop they started for an entirely different reason. In those situations, a high test result can be enough reason for the state to bring criminal charges. No evidence of unsafe driving is necessary to justify the charges.
Adult drivers who have a BAC of 0.08% or higher are potentially at risk of OWI charges. Underage drivers and those operating commercial vehicles could face prosecution with lower test results, as the BAC limits that apply to them are 0.02% and 0.04%, respectively.
Those facing per se charges can fight OWI allegations by showing that circumstances may have compromised test accuracy or by proving that a traffic stop was illegal. Reviewing the circumstances leading to an OWI arrest with a skilled legal team can help drivers reduce their risk of a conviction.