Indiana OWI Case – Defending Against Low BAC Charges
If you’ve been arrested for an Indiana OWI (Operating While Intoxicated) charge, even with a low BAC under 0.08, it’s crucial to understand your options. In Indiana, an OWI charge can still be filed if your blood alcohol concentration (BAC) is as low as 0.05. This article explains how a criminal defense attorney in Indiana can help you navigate these charges.
Low BAC As Evidence of Intoxication
While the legal threshold for an Indiana OWI is typically 0.08 BAC, you can still face OWI charges with a BAC of at least 0.05. This can be used as evidence in court, although the courts are not restricted to only considering BAC levels. Alcohol or a controlled substance in your system can also contribute to an OWI conviction, even if your BAC is below the standard legal limit.
Criminal Defense for Low BAC
A low BAC doesn’t always mean you’re guilty. An Indiana criminal defense attorney may argue that the evidence is insufficient for a conviction. Criminal defense lawyers can also negotiate plea deals, potentially reducing the charge to a reckless driving offense. This can help mitigate the severe penalties associated with an OWI conviction.
Zero Tolerance for Underage Drivers
For drivers under the age of 21, Indiana’s zero-tolerance law imposes stricter rules. A BAC of 0.02 or higher can lead to OWI charges, even if the driver feels no effects from alcohol consumption. If you’re an underage driver, any trace of alcohol can subject you to serious legal consequences.
High Standards for Commercial Drivers
For commercial drivers, such as those holding a CDL (Commercial Driver’s License), the legal BAC limit drops to 0.04. An OWI charge for commercial drivers can have significant consequences, including the suspension of your CDL, making it harder to earn a living. This is why commercial drivers should seek expert legal representation as soon as possible.
Understand Your Legal Options
Being arrested for an OWI in Indiana even with a low BAC requires a thoughtful approach to defending your rights. A criminal defense attorney in Indiana can help you evaluate your case and navigate the legal process. At Webster & Garino LLC, we’re here to support you through your OWI case, whether it’s arguing for acquittal, negotiating reduced charges, or helping you retain a hardship license for continued work.
If you need legal assistance with an Indiana OWI case or any criminal defense, schedule a complimentary case review today by calling our experienced Westfield defense attorneys at (317) 497-5892.
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