What is the Difference Between OWI and Public Intoxication?
Consuming alcohol and getting behind the wheel of a car or another vehicle can result in serious charges for operating a vehicle while intoxicated, or OWI. Yet there are also other types of alcohol-related charges under the Indiana Code, and it is important to understand how OWI charges are different from other related offenses. One particular offense that may be charged in addition to an OWI, but can also be charged separately from an OWI, is the offense of public intoxication under IC 7.1-5-1-3. What is the difference between charges for an OWI and public intoxication? Our Indianapolis OWI defense lawyer can explain these offenses in more detail, and we can assist you if you are facing charges for either or both offenses.
What Are OWI Charges?
A person can face charges under IC 9-30-5-1 for operating a vehicle while intoxicated. This offense can be charged when a person has a blood alcohol concentration of 0.08 or higher, or while operating a vehicle under the influence of alcohol or a controlled substance.
Unlike public intoxication charges, which we will explain in more detail below, an OWI offense involves the operation of a motor vehicle. Depending on the circumstances, the definition of “operating” a vehicle can be construed broadly, and even sitting behind the wheel of a motor vehicle while intoxicated could result in charges.
What Are Public Intoxication Charges?
Both OWI and public intoxication involve being under the influence of alcohol or drugs. Yet the offense of public intoxication does not involve operation of a vehicle and instead involves an intoxicated person being in a public place and engaging in any of the following behaviors:
- Endangering a person’s life, including their own;
- Breaching the peace or being in danger of breaching the peace; or
- Harassing, annoying, or alarming another person.
Depending on the circumstances of a case, a person could be facing concurrent charges for OWI and public intoxication. Facing both types of charges is particularly common in circumstances where a person is consuming alcohol at a local establishment and also attempting to operate a motor vehicle. Unlike an OWI, charges for public intoxication do not necessarily involve a breathalyzer test or chemical test to determine a person’s blood alcohol concentration since this type of “per se” offense is only relevant to OWI charges.
Contact Our Indianapolis OWI Defense Attorneys for Assistance with Your Case
Are you currently facing charges for an OWI, for public intoxication, or for both? At a minimum, you are facing serious misdemeanor charges that could result in jail time in the event of a conviction. Depending on the specific circumstances of your OWI and your previous criminal record, you could actually be facing felony charges. Regardless of the level of charges you are facing, you do not want to have a criminal conviction of this type on your record. One of the experienced Indianapolis OWI defense lawyers at Rigney Law LLC can speak with you today about options for defending against the charges you are facing. Contact us for more information about how we can help.
Sources:
law.justia.com/codes/indiana/title-9/article-30/chapter-5/section-9-30-5-1/
law.justia.com/codes/indiana/title-7-1/article-5/chapter-1/section-7-1-5-1-3/