Types of OWI/DUI Scenarios
We understand that a DUI charge is stressful and impacts not only you but your family as well. At Webster & Garino LLC, our skilled litigators are equipped to handle the circumstances of all OWI/DUI cases, including:
OWI/DUI Involving Accident
One of the most common, but complex, situations is when you’re arrested for OWI due to an accident. The stakes are even higher if the accident has resulted in a serious injury or death. In most cases, this scenario results in a felony charge, and, if convicted, you could spend multiple years incarcerated.
The Bureau of Motor Vehicles may also choose to extend the length of your driver’s license suspension. In this scenario, it’s important to contact our experienced OWI/DUI attorneys as soon as possible to ensure the most positive outcome for your future.
OWI/DUI Involving Drugs
OWI laws encompass all types and levels of intoxication, not just alcohol consumption. Driving under the influence of any controlled substance is a criminal offense. If you come into contact with law enforcement officers who suspect an OWI has taken place, but a breath test does not detect alcohol, then you may be legally required to submit a blood sample to test for substances in your system.
Unfortunately, even legally prescribed medications can impair your ability to operate a vehicle. Additionally, blood tests can show evidence of substances in your blood that are from prior use and not currently affecting you at the time of the test.
A DUI lawyer from Webster & Garino LLC can deliver a detailed defense that ensures all evidence presented against you is accurate and shows the full scope of the scenario before any convictions are made.
OWI/DUI Involving Boating
Many people attribute DUIs to driving an automobile, but the law refers to all motor vehicles including boats. If you’re drinking and boating, a law enforcement officer could charge you with Boating While Intoxicated (BWI).
Charges and punishments will differ based on your criminal history and BAC but consulting with a DUI attorney can significantly improve your chances of a successful defense and favorable legal outcome.
OWI/DUI Underage Drinking & Driving
Underage drinking is a crime in itself, but driving under the influence when you are under the age of 21 opens you up to a whole new set of legal issues. While an OWI conviction typically occurs when your BAC is 0.08% or more, that number drops to 0.02% if you are under the legal drinking age.
Indiana has a zero-tolerance policy towards underage drinking and oftentimes schools, universities, and extracurricular programs will also take disciplinary action against minors charged with an OWI.
As a result, you will need a skilled DUI lawyer to assist in your case and help protect your future.
OWI/DUI Field Sobriety Tests
The main evidence used in OWI court proceedings is field sobriety tests. Law enforcement officers conduct these tests at traffic stops and other settings to determine if a vehicle operator is impaired.
Standard field sobriety tests include:
- Eye Test
- One-leg-Stand Test
- Walk-And-Turn Test
These tests are carried out by law enforcement officials, leaving room for possible human error. An officer may not have updated knowledge of the testing procedures or their judgment could be affected by a lack of light at the sight of the traffic stop or even bad weather conditions. Additionally, your performance in these tests could be influenced by uneven surfaces or your normal physical abilities.
When you work with our DUI attorneys at Webster & Garino LLC, we will scrutinize the circumstances and results of these tests in excruciating detail to identify and present any mistakes that could tip the scales of the case back in your favor.
OWI/DUI Breath Test & Blood Draw
The second kind of OWI test is a chemical test. These are conducted out of the field after you’ve failed a field sobriety test. A breath test will detect the presence of alcohol and can provide probable cause for the officer to request you submit to a blood draw or a certified breath test. A blood draw and certified breath test are more accurate and can be used as evidence against you in a court proceeding.
All legal driver’s license holders in Indiana have already consented to chemical testing when they obtain their license, so a refusal to submit to a certified breath test or blood draw will result in the suspension of your driving privileges for 1 year or 2 years, if you have a prior OWI conviction, regardless of the results or the OWI charges/conviction.
Our knowledgeable DUI attorneys at Webster & Garino LLC recommend complying with all chemical testing requests. When the situation allows, our litigators will use our most innovative, proven criminal law tactics to challenge the accuracy of chemical test results to ensure you have the fairest case possible.
No matter the scenario, a DUI lawyer with Webster & Garino LLC is guaranteed to help you achieve the most positive outcome possible for your unique OWI case. Contact our team today for compassionate, unmatched criminal law advice and guidance.