What is an OWI Per Se in Indiana?
What is involved in charges for operating a vehicle while intoxicated (OWI) in the Indianapolis area when you are facing charges for an OWI “per se”? While some states expressly include the language “per se” in their intoxicated driving laws, Indiana is not actually one of these states. As such, you will not find charges for an OWI per se under IC 9-30-5. However, it is essential for you to know that the meaning of an OWI per se is still applicable in Indiana cases, and it concerns an arrest and charges for an OWI based on a driver’s blood alcohol concentration (BAC).
If you are facing OWI charges based on your BAC after a chemical test, it is critical to seek legal advice about the possible ways of defending against the charges and avoiding a conviction. An Indianapolis OWI defense attorney at Rigney Law LLC can say more.
Understanding “Per Se” Intoxicated Driving
The term “per se” in Latin means “by itself” or “in itself.” Sometimes the term is translated to mean “inherently.” Accordingly, the term OWI per se refers to an OWI in itself or inherently — there is no need to gather accompanying evidence for an arrest once a driver’s BAC reaches a certain amount.
Under IC 9-30-5, a driver can face OWI charges based on their BAC (the “per se” offenses) or because a law enforcement officer has evidence that they were operating a vehicle while intoxicated. Under IC 9-13-2-86, “intoxicated” is defined as being under the influence of alcohol, a drug or other controlled substance, or a combination such that the person has “an impaired condition of thought and action and the loss of normal control of a person’s faculties.”
To clarify, a person can face OWI charges because of their BAC, or because there is evidence that they are operating a vehicle while intoxicated, as “intoxicated” is defined by Indiana law.
Per Se BAC Levels for OWI Charges in Indiana
What are the threshold BAC levels that can result in OWI charges (i.e., a “per se” OWI) in Indiana? It depends on the case, but generally speaking, and for first offenses:
- OWI can be charged as a Class C misdemeanor for a BAC of 0.08 percent or higher, but less than 0.15 percent, for a non-commercial driver aged 21 and up;
- OWI can be charged as a Class A misdemeanor for a BAC of 0.15 percent or higher for a non-commercial driver aged 21 and up;
- OWI can be charged as a Class C infraction for a BAC of 0.02 percent or higher for a driver under the age of 21; and
- OWI can be charged as a Class C infraction for a BAC of 0.04 percent or higher for a commercial driver aged 21 and up.
Contact Our Indianapolis OWI Defense Lawyers Today
If you were recently arrested for an OWI and need assistance with your defense, one of the experienced Indianapolis OWI defense attorneys at Rigney Law LLC can begin working with you today. Whether this is a first offense or a subsequent OWI, we can assist you with a defense strategy that is tailored to the facts of your case.
Sources:
statecodesfiles.justia.com/indiana/2016/title-9/article-30/chapter-5/chapter-5.pdf
law.justia.com/codes/indiana/title-9/article-13/chapter-2/section-9-13-2-86/
