February 1, 2020
February 1, 2020
You might have thought that you were complying with the law by limiting the consumption of alcohol before driving. Then, a traffic stop resulted in your arrest even though testing indicated that your blood alcohol concentration was below 0.08. The 0.08 BAC is the legal threshold in most situations for declaring someone to be operating while intoxicated. However, OWI charges remain possible if testing shows a BAC of at least 0.05. When confronted by this situation, a criminal defense attorney in Indiana can explain your options for defending yourself in an Indiana OWI case.
Low BAC As Evidence of Intoxication
Your BAC reading of at least 0.05 can serve as evidence toward an OWI conviction. The courts do not solely require a reading of 0.08 or more to convict you because the law could also attribute driving under the influence to the presence of alcohol or controlled substance in your system.
Criminal Defense for Low BAC
The lack of clear-cut evidence could create an opportunity for criminal defense in Indiana from OWI charges. An Indiana criminal defense attorney may be able to successfully argue your acquittal or negotiate a plea deal for a reckless driving charge which mitigate the harsher penalties assigned to OWI offenders. The advice of a criminal defense attorney in Indiana might help you compare your defense options after a drunk driving arrest.
Zero Tolerance for Underage Drivers
If you’re under the legal drinking age of 21, the State’s zero-tolerance approach to underage drinkers behind the wheel will complicate the situation. Any BAC result above 0.02 could subject you to prosecution for drunk driving even if you did not feel or display any effects of intoxication.
High Standards for Commercial Drivers
If you earn your living as a commercial driver, the legal threshold for intoxication drops to 0.04 BAC while operating a commercial vehicle. A conviction for OWI while you were on the job may result in the loss of your CDL for a certain period of time.
Understand Your Legal Options
Your criminal defense in Indiana depends on making informed decisions based on your rights and the available evidence. The defense attorneys at Webster & Garino are prepared to evaluate your case and stand by you in court. Our efforts might result in an acquittal, reduced charges or enable you to gain a hardship license so that you can continue going to work. Schedule a complimentary case review by calling one of our Westfield defense attorneys at (317) 565-1818.
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