Why You Need An Indiana OWI Lawyer

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 2008, there were 187 fatal accidents in which at least one of the drivers had a blood alcohol content that was over the legal limit. That’s almost four fatalities every week due to drunk driving. While nobody would dare to suggest that you should get off scot free if you are arrested, like any other American, you have certain rights to make sure that you receive the same justice as everybody else. That is why you need an OWI/DUI/DWI lawyer.

Whatever your state calls it, DWI, DUI or OWI or whatever new combination of letters someone comes up with, there is a law of implied consent. In simple terms, the day you get your driver’s license, your consent to have a blood test is implied. In many states, if you refuse to take a blood test, you can be presumed guilty and your license taken away. There are times when this is the right defensive strategy, but don’t try it without the advice of your attorney.

When people are arrested for drunk driving, their emotions can be close to the surface. Some people get angry and try to pick a fight with everybody, while others will sing like a canary and admit guilt to anything. Even if you believe you are coherent, police have selective memories, and may only enter into the record the stuff you say that incriminates you and nothing you say in your own defense.

The incrimination actually begins before you open your mouth, before you are even pulled over. The local LEOs are looking for certain behaviors that are characteristics of drunk drivers. If you are driving well below the speed limit, weaving from one lane to another or making excessively wide turns, this is likely to draw unwelcome attention to yourself.

When they pull you over, they look for other, supporting signs that you have been drinking alcohol. The glassy eyes, the boozy breath, slurred speech, these are evidence of what they call personal symptoms of insobriety. Other types of evidence include field sobriety tests, incriminating statements and breath tests and various other hoop-jumping exercises that fall under the umbrella of field sobriety 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.

On the subject of incriminating statements, here is where you could turn out to be your own worst enemy. You are not required to tell anybody anything. You have the right to, politely, refuse to answer any questions. Keep your mouth shut until your attorney arrives. On their own, field sobriety tests to not prove that you are intoxicated. Most of them are fairly inaccurate. Their value is in helping the officer decide whether it is worth hauling you in. They include things like walking backwards or trying to recite the alphabet backwards.

You can visit www.grinerlaw.com for more helpful information about Signs You Need An Indiana OWI Lawyer.

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