First Time OWI Defense Lawyer in Westfield, Indiana
Indiana’s Drunk Driving Laws: What is Operating While Intoxicated?
All 50 states have outlawed drinking and driving on some level in an attempt to keep their communities safe. Indiana’s drinking and driving law is called “operating while intoxicated,” or OWI. Those charged with OWI may face license suspensions, jail time, fines, and other serious penalties.
OWI Defined – Indiana Code Section 9-30-5
Indiana Code Section 9-30-5 defines OWI. If a driver’s blood alcohol content is at 0.08 percent or higher, the state has concluded that no other evidence is needed to charge the driver with OWI.
For a first offense, a driver charged with OWI may lose his license for a period of between 90 days and 2 years. A second offense carries a license suspension period of between 180 days to 2 years, and a third offense may carry a license suspension of between 1 and 10 years.
First offenses may also carry jail sentences of up to 60 days in jail and a fine of up to $500. The driver may be charged with a felony if serious bodily injury or death results in a crash.
The driver’s record, blood alcohol level, nature of any accidents that occurred, and several other factors are considered when issuing a sentence to someone charged with OWI.
A misdemeanor offense of Operating While Intoxicated (OWI) will fall into one of several categories:
- OWI – The offense is a Class C Misdemeanor carrying a punishment of up to 60 days in jail and a maximum fine of up to $500.
- Operating with a Blood Alcohol Concentration (BAC) of .08-.15 – The criminal exposure under this violation is the same as OWI (above).
- Operating with a BAC over .15 – This offense is a Class A Misdemeanor, which carries a penalty of up to a year in jail and a maximum fine of up to $5000.
- Operating While Intoxicated, Endangering a Person – This offense is a Class A Misdemeanor that carries a penalty of up to a year in jail and a maximum fine of up to $5000.
How can our attorneys help you?
Criminal defense attorneys are able to review the evidence of a case and determine if it was properly obtained and if it truly meets the definition of a crime. In some cases, charges are reduced or dismissed because police officers failed to follow proper procedures when making an arrest.
At Webster & Garino LLC, Our Attorneys Fight OWI Charges
Westfield 1st Offense OWI Defense Attorneys
If you are arrested by a police officer, you will typically be charged with more than one OWI charge because this increases the likelihood of conviction if a specific OWI charge cannot be proven. Our attorneys at Webster & Garino LLC have decades of legal experience and have proven defense strategies. Call us at (317) 565-1818 or forward an email.
Webster & Garino LLC
104 N. Union Street
Westfield, IN 46074
Tel: (317) 565-1818
Fax: (317) 565-1835