Is There a Difference Between OWI and DUI in Indiana?
When you are stopped on suspicion of intoxicated driving or you go through a DUI checkpoint, you might ultimately be asked to take a field sobriety test or to agree to a breathalyzer test. Whether you have a blood alcohol concentration (BAC) of 0.08 percent or higher, or you exhibit other signs that result in an arrest and charges, the charges you will be facing will most likely involve those for operating a vehicle while intoxicated (OWI) under IC 9-30-5. Given that there are often discussions of sobriety checkpoints as “DUI checkpoints,” and references to getting stopped and arrested for a DUI in the Indianapolis area, it may not be obvious how DUI/OWI law works in the state.
More precisely, you may be wondering: is there a difference between an OWI and DUI in Indiana? In short, the answer is no. An OWI is the formal language for the type of charges you can face, while “DUI,” short for “driving under the influence,” is often used colloquially. Our Indianapolis OWI/DUI defense lawyer can explain in greater detail.
Facing OWI Charges in Indiana
The formal and statutory name for the charge associated with driving under the influence of drugs or alcohol (or a combination of both) in Indiana is an OWI. As we noted above, this is an acronym for “operating a vehicle while intoxicated.” OWIs can be charged as misdemeanor or felony offenses depending on your history of OWIs, the amount of alcohol or drugs, and other aggravating or enhancing factors (such as whether or not a minor was in the vehicle as an occupant at the time of the arrest, or whether another person was injured or killed in a collision).
A person commits an OWI under Indiana law if they operate a vehicle with a BAC of 0.08 percent or higher, or if they operate a vehicle with a controlled substance or its metabolite in their body. A minor under the age of 21 can also face OWI charges if they have a BAC of 0.02 percent or higher.
Terminology of the “DUI” is Used Widely, But OWI is the Official Charge
You will hear people refer to a “DUI offense,” or an “underage DUI,” or a “DUI checkpoint.” All of these references are using “DUI” in the colloquial sense — a DUI is not the official charge you will face in Indiana, even though it is the official charge in many other states.
As such, you do not need to wonder if there is a difference between the OWI charges you are facing and DUI charges in Indiana.
Contact Our Indianapolis OWI and DUI Defense Attorneys for Help with Your Case
Are you facing charges for intoxicated driving? Whether you are facing a first offense or you have a previous OWI conviction on your record, and whether you are facing charges for alcohol or drugs, our firm can assist you with your defense. The best defense will be tailored to the facts of your case and your individual circumstances, and one of the experienced Indianapolis OWI defense lawyers at Rigney Law LLC can begin working with you on your defense today. Contact us to find out more about how we can assist you.
Source:
statecodesfiles.justia.com/indiana/2016/title-9/article-30/chapter-5/chapter-5.pdf
