What Are Common Defense Strategies for OWI Charges in Indiana?

If you are facing charges for operating a vehicle while intoxicated (OWI) under IC 9-30-5, you should begin working with an OWI defense lawyer in Indiana as soon as possible to start considering options for your defense. Defense strategies are never one-size-fits-all. Rather, defense strategies, including for first-time and subsequent OWI charges, should always be tailored to the particular facts surrounding a person’s arrest and to their particular case. At the same time, there are some common defense strategies that are frequently used in OWI cases, and many of these strategies can be tailored slightly to meet the needs of a person’s individual case. What are some of those defense strategies, and in what kinds of cases do they tend to be applicable?

Consider some of the following common defense strategies for OWI charges, and get in touch with our Indianapolis OWI defense lawyers as soon as you can to get started on your defense.

Fourth Amendment Violation 

If you were stopped on alleged suspicion of intoxicated driving, and if you were subject to a chemical test, you could be able to show that the police did not have reasonable suspicion to make a stop or probable cause to conduct the chemical test (a “search” under the law) — either or both would constitute a violation of your Fourth Amendment rights against unreasonable search and seizure. While it is often more difficult to show that the police did not have reasonable suspicion to make a stop, it may be more likely to show that they did not have probable cause to make an arrest or to request that you to take a chemical test to determine your blood alcohol concentration (BAC).

Defective Breathalyzer Results 

Breathalyzer tests can be defective when they are administered improperly by a police officer who has not been properly trained on the device or merely uses it improperly, or when there is a defect in the device. Thus people charged with OWIs who failed breathalyzer tests can sometimes be eligible to challenge the results on this basis.

Inaccurate Field Sobriety Test 

Field sobriety tests (FSTs) are notoriously inaccurate, yet they are still used by law enforcement officials to determine whether a person may be intoxicated or driving under the influence of drugs or alcohol. There are multiple different types of FSTs that can be administered, and they have varying degrees of accuracy. In all available FSTs that are used, there are a wide range of medical reasons that a person can fail a field sobriety test without actually being intoxicated. A recent study reported in the journal JAMA Psychiatry revealed that FSTs are particularly faulty when it comes to determining THC-related intoxication. Accordingly, if you were arrested because of a failed field sobriety test, you may be able to challenge the results.

Contact Our Indianapolis OWI Defense Attorney for Assistance 

Are you facing charges for operating a vehicle while intoxicated? If so, you need to develop a strong defense strategy that can help you to avoid a conviction. An experienced Indianapolis OWI defense lawyer at Rigney Law LLC can talk with you today to learn more about the details of your case, and we can begin working on potential defenses. Whether this is your first OWI offense or you have a record of one or more OWI convictions, our firm can assist you. Contact us today for more information about how we assist clients with their defenses in Indiana.

Sources: 

statecodesfiles.justia.com/indiana/2016/title-9/article-30/chapter-5/chapter-5.pdf

pmc.ncbi.nlm.nih.gov/articles/PMC10398547/