Being accused of drunk driving can be a very frightening experience and one that can have lasting repercussions on your life if not handled properly. The state of Indiana does not take OWI charges lightly. Under Indiana Law, those accused of operating while intoxicated or operating under the influence face immediate driver’s license suspension or suspension at the time of the initial court hearing. Unless you work with an experienced attorney who is familiar with this particular area of the law, you could end up facing serious consequences.
At Paul Rossi Law Offices, we defend people charged with OWI across Northwest Indiana every day. OWI defense is one of the most technically demanding areas of criminal law. It involves scientific evidence, procedural requirements and constitutional protections that an experienced attorney must know how to assess and challenge. Our team reviews every aspect of your case, from the validity of the traffic stop to the calibration records of the breath machine used on you, to identify every avenue for your defense.
What Is an OWI or DUI?
What is commonly referred to as “drunk driving,” or operating under the influence of marijuana or some other drug, is charged in Indiana as Operating While Intoxicated (OWI). In other states, including Illinois, this may be referred to as Driving Under the Influence (DUI). This charge is, without a doubt, the most prevalent offense in our courts today. However, it is also one of the most challenging charges to defend. The complex nature of OWI cases entails intricate scientific and legal considerations that often surpass those of some felony charges, while also offering diminished constitutional protections for the accused.
By equipping yourself with knowledge about this challenging charge, you can better navigate the legal system to protect your rights and build a solid defense.
Complex Litigation Aspects of Fighting an OWI Charge
The field of OWI litigation has become significantly more complex over time, involving a range of substantive, evidentiary and procedural aspects. Simultaneously, the consequences for individuals facing OWI charges have become increasingly serious. In recent years, there has been a revolutionary shift in the entire OWI landscape and driver’s license privileges.
Consequences of a Conviction
Concurrent with these changes is a marked increase in the severity of sentences rendered in OWI cases. Whereas in the past, an offender could expect a fine, probation and perhaps attendance at a “drunk driving school,” they are now increasingly faced with the loss of their driver’s license and mandatory jail sentences, and, in cases of repeat offenders, with long terms or even felony status.
The Law on Drunk Driving in Indiana
Like many other states, Indiana’s Criminal Code prohibits any licensed driver (who can legally drink) from driving with a .08 percent or higher blood alcohol concentration (BAC). However, driving under the “influence” doesn’t just apply to alcohol but rather to being under the influence of drugs, as well.
For many who are driving while under the influence of prescription medication, the question may ultimately become: was your impairment, according to the officer’s subjective judgment, caused by medication? This can lead to innocent drivers being falsely accused of an OWI charge.
An officer only needs reasonable suspicion that a driver is impaired to administer a field sobriety test. Both failing the test and refusing to take the test result in the suspension of your driver’s license. If the field sobriety test shows that the driver may be under the influence, the officer can then place the driver under arrest and take them to the police station, where they are asked to submit to chemical testing (blood, urine or breath).
What’s more, if the officer feels that evidence shows that the driver was impaired, they can be charged with an OWI even if their blood alcohol content is less than .08. In these instances, sometimes the OWI charge will remain until the court takes action, which may require an attorney’s intervention.
The Right Representation Matters in OWI Cases
In comparing the fees quoted by an attorney, you should consider the experience and reputation of that attorney, along with the likelihood that they will be able to expose weaknesses in the prosecution’s case.
Will they reanalyze any blood tests, for example or subpoena the police maintenance, usage and calibration records for the breath machine used on you? The attorney’s reputation and the evidence they uncover will be major factors in how the prosecutor views your case, and thus in how it is finally resolved.
Will they be able to petition the court to allow you to operate a vehicle while your charges are pending? Remember, you are innocent until proven guilty; our attorneys will do everything possible to ensure you can continue to access the necessities of life while your case is being worked out and concluded.
Who We Represent in OWI Cases
Given the complex nature of the criminal justice process, having an attorney to represent you is imperative. Our OWI defense practice serves a wide range of clients across Northwest Indiana.Â
We regularly work with clients including:
- First-time OWI defendants: This may be your first OWI charge, and you have questions about what the charge means, how serious it is and what the court process involves.
- Drivers facing aggravating factors: Prior OWI convictions, a crash, injury, a high alleged BAC, a child passenger or a suspended license at the time of arrest may increase the severity of penalties or elevate the charge.
- Drivers who question the stop or test results: You may have concerns about the legality of the traffic stop or checkpoint, the proper administration of roadside tests, the accuracy of breath or blood results or the correct handling of a refusal allegation.
- Drivers accused of drugged driving: Police allege that you were impaired by marijuana, prescription medication, illegal drugs or a combination of substances and you need an attorney to challenge the evidence of impairment.
- Drivers worried about license consequences: An OWI arrest, test result, refusal or conviction can affect your driving privileges and lead to suspension, restricted driving, ignition interlock requirements, mandatory classes or reinstatement steps.
Regardless of the circumstances surrounding your charge, we’re prepared to review the facts and advise you on your options. The earlier you speak with an attorney, the more options you are likely to have.
Why Choose Paul Rossi Law Offices for OWI Defense in Indiana?
Several factors distinguish our firm from other criminal defense practices in Northwest Indiana:
- Depth of experience: Our office carries more than 75 years of litigation experience across criminal and civil matters, including hundreds of cases successfully settled and litigated.
- Direct attorney access: You speak with your attorney directly throughout your case, not a paralegal or a rotating associate.
- Detailed case preparation: We subpoena equipment records, reanalyze test results and examine every procedural step taken during the OWI investigation.
- BBB A+ accreditation: Paul Rossi Law Offices holds an A+ rating from the Better Business Bureau, reflecting our commitment to professional and ethical representation.
- Fair, transparent fees: Our firm charges competitive rates and is straightforward about costs from the start.
Clients consistently describe our team as professional, thorough and genuinely invested in their outcomes. We take that responsibility seriously on every case we handle.
Fighting for a Positive Resolution in OWI Cases
If you have been arrested for an OWI or drunk driving charge in Northwest Indiana, you need experienced legal representation. Contact Paul Rossi Law Offices to schedule a consultation. We will answer your questions and provide an honest, accurate assessment of what we can do to help and what to expect.
FAQs About OWI Charges in Indiana
What Happens During an OWI Arrest?
An officer needs reasonable suspicion that you’re impaired to conduct a field sobriety test. If you fail or refuse to submit to testing, your driver’s license will be suspended. Should the test indicate impairment, you’ll be arrested and asked to submit to chemical testing, which may include blood, urine or breath analysis. At your initial court hearing, you may face immediate license suspension.
What BAC Is Illegal in Indiana?
Indiana law prohibits driving with a blood alcohol content (BAC) of .08 percent or higher for licensed drivers of legal drinking age. However, you can still face an OWI charge even if your BAC is below .08 if an officer has evidence suggesting impairment. The state takes these charges seriously, regardless of the specific BAC level.
Will I Lose My License for an OWI?
Yes, license suspension is a common consequence of an OWI charge in Indiana. You may face immediate suspension at the time of arrest or at your initial court hearing. Sentences in OWI cases often include the loss of driving privileges, which can significantly impact your daily life and responsibilities.
Can I Refuse a Field Sobriety Test?
You have the right to refuse a field sobriety test, but doing so carries consequences. Refusing to complete the test will result in the suspension of your driver’s license, just as failing the test would. Officers only need reasonable suspicion of impairment to administer these tests, so understanding your rights and the potential outcomes is crucial.
What Should I Do If I'm Charged with an OWI?
If you’ve been arrested for an OWI, securing experienced legal representation is recommended. An attorney can evaluate your case, protect your rights and work toward the best possible outcome.