What You Should Do If You Are Stopped for an OWI
Whether you are driving through a sobriety checkpoint (also known more commonly as a DUI checkpoint) or you are being specifically pulled over by a police officer or other law enforcement official on suspicion of operating a vehicle while intoxicated (OWI) under IC 9-30-5, it is important to know what to do. Not only should you know what you should do if and when you are stopped, but you should also know what you should avoid. Consider the following information from our Indianapolis OWI defense lawyers, and do not hesitate to reach out to our firm for assistance with your defense if you are facing any type of OWI charges.
You Have Given Implied Consent to a Chemical Test, So It Is Not Usually Wise to Refuse a Breathalyzer Test
As a motorist on the road, under IC 9-30-6-1, you have already given implied consent to chemical testing — meaning a breath or a blood test. This statute explicitly states that any person “who operates a vehicle impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a vehicle in Indiana.” Accordingly, it is not usually wise to refuse a breathalyzer test. If you do refuse, your driving privileges can be automatically suspended for one year or longer based on your individual record.
Know and Exercise Your Rights During the Stop
An OWI stop is akin to other types of traffic stops in that you have constitutional rights. You cannot be stopped by a law enforcement official without reasonable suspicion (although sobriety checkpoints are treated differently), and you cannot be searched unless the officer has a warrant or probable cause (and a “search” includes a breath test or blood test to determine your blood alcohol concentration).
In addition, you have specific rights with regard to suspicion of an OWI. When you are pulled over, you have the right to decline to take a field sobriety test if you are asked to do so. Field sobriety tests have many limitations, and they can often result in a driver being arrested — because failing the field sobriety test gave the officer probable cause — even if there was no intoxication. Various medical issues can affect your ability to “pass” a field sobriety test, for example.
If you are arrested, you have the right to remain silent and the right to an attorney, just as in any other arrest scenario. You should exercise these rights.
Contact Our Indianapolis OWI and DUI Defense Attorneys for Assistance with Your Case
Knowing what you should do, as well as what you should not do, if and when you are stopped for an OWI is extremely important. The choices you make in those moments can have an impact on your driving privileges in the future, as well as potential options for defending against any charges you ultimately face. If you have been charged with any criminal offense in Indiana related to impaired or intoxicated driving, it is essential to have one of the experienced Indianapolis DUI and OWI defense lawyers at Rigney Law LLC on your side. We can learn more about the details of your arrest today and can begin working with you on a defense strategy that is tailored to the facts of your case. Contact us for assistance.
Source:
statecodesfiles.justia.com/indiana/2016/title-9/article-30/chapter-5/chapter-5.pdf