You don't usually leave the house with the intention of being pulled over for drunk driving. But when you do, you need an Indiana OWI lawyer. In this context, OWI stands for operating while intoxicated, and applies to people who are operating a motor vehicle with . 08 percent blood alcohol content.
In just one year, the state of Indiana had a total of 187 accidents involving a fatality where at least one driver had a BAC over . 08 percent, the legal limit. Nobody is suggesting they should get off without accepting the consequences, neither should they be bereft of their basic rights to justice. This is where the mouthpiece comes in.
Some states call it DWI, for driving while intoxicated or driving while impaired, while others call it DUI, driving under the influence. Whatever they call it, in all fifty states the legal limit for blood alcohol content is . 08 percent. Note, the percent is important. Otherwise, . 08 would mean eight percent, and that is way too high for survival, let alone driving.
The thing is, if you are arrested for drunk driving, you are likely to be so confused, shocked and spit-scared that you will confess to anything. Wrong. Less is definitely more. Law enforcement officers have selective memories, and anything you say in your own favor will be forgotten, while anything you say that will incriminate yourself will be forever etched in stone.
The self-incrimination usually starts long before you get a chance to shoot your mouth off and even before the lights and sirens go on. The law enforcement officers will already have noticed that you have been driving like an idiot. Maybe you have been veering from side to side, crossing into other lanes of traffic, making extra-wide turns or driving miles below the speed limit.
Once you get pulled over, there are what they call "personal" symptoms of insobriety. These include slurred speech, glassy eyes or alcohol on the breath. Other categories of evidence include field sobriety tests, self-incriminating statements and chemical (blood, breath or urine) tests.
Of these, chemical tests carry the most influence in determining guilt. This is one area where your attorney will target your defense. He will ask to see maintenance records for the equipment on which the test was conducted as well as the training records of the staff who operated it. One little-known area of challenge is the source code used to program the breath-testing equipment itself. There are movements to get the technology thrown out by the Supreme Court but, while that is still up in the air, it is there for the challenging.
Incriminating statements are those you make without thinking, when you speak without the presence of an attorney. You think that by confessing, they may be more lenient with you, or you may say something to hang yourself without even knowing it. Know this, you have the right to refuse to answer questions, although it is in your best interests to do so politely. Remember, also, that the role of the DWI lawyer in Indiana is not to let you off the hook for dangerous and stupid behavior. The job of the lawyer is to ensure that your rights as guaranteed under the Constitution are preserved and protected and that you get the justice to which you are entitled.
In just one year, the state of Indiana had a total of 187 accidents involving a fatality where at least one driver had a BAC over . 08 percent, the legal limit. Nobody is suggesting they should get off without accepting the consequences, neither should they be bereft of their basic rights to justice. This is where the mouthpiece comes in.
Some states call it DWI, for driving while intoxicated or driving while impaired, while others call it DUI, driving under the influence. Whatever they call it, in all fifty states the legal limit for blood alcohol content is . 08 percent. Note, the percent is important. Otherwise, . 08 would mean eight percent, and that is way too high for survival, let alone driving.
The thing is, if you are arrested for drunk driving, you are likely to be so confused, shocked and spit-scared that you will confess to anything. Wrong. Less is definitely more. Law enforcement officers have selective memories, and anything you say in your own favor will be forgotten, while anything you say that will incriminate yourself will be forever etched in stone.
The self-incrimination usually starts long before you get a chance to shoot your mouth off and even before the lights and sirens go on. The law enforcement officers will already have noticed that you have been driving like an idiot. Maybe you have been veering from side to side, crossing into other lanes of traffic, making extra-wide turns or driving miles below the speed limit.
Once you get pulled over, there are what they call "personal" symptoms of insobriety. These include slurred speech, glassy eyes or alcohol on the breath. Other categories of evidence include field sobriety tests, self-incriminating statements and chemical (blood, breath or urine) tests.
Of these, chemical tests carry the most influence in determining guilt. This is one area where your attorney will target your defense. He will ask to see maintenance records for the equipment on which the test was conducted as well as the training records of the staff who operated it. One little-known area of challenge is the source code used to program the breath-testing equipment itself. There are movements to get the technology thrown out by the Supreme Court but, while that is still up in the air, it is there for the challenging.
Incriminating statements are those you make without thinking, when you speak without the presence of an attorney. You think that by confessing, they may be more lenient with you, or you may say something to hang yourself without even knowing it. Know this, you have the right to refuse to answer questions, although it is in your best interests to do so politely. Remember, also, that the role of the DWI lawyer in Indiana is not to let you off the hook for dangerous and stupid behavior. The job of the lawyer is to ensure that your rights as guaranteed under the Constitution are preserved and protected and that you get the justice to which you are entitled.
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