Trusted Advice For Over 25 Years In South-Central Indiana

  1. Home
  2.  » 
  3. Criminal Defense
  4.  » Did The Officer Make Any Mistakes?

You Have Rights In Your OWI Case

You are presumed innocent until proven guilty. That is important to remember, even if you are facing seemingly indefensible Operating a Vehicle While Intoxicated charges.

Did the officer do everything legally? Our OWI attorneys at the Law Offices of Paul D. Baugh, PC, can help get answers.

OWI Penalties Are Serious, Even For First-Time Offenders

If you are convicted, it will stay on your record forever. If you have another OWI in the next five years, it will be charged as a felony.

Sentencing standards for first-time offenders are:

  • Up to 60 days; or up to a year if you registered 0.15 or above BAC
  • Fine of $500; $5,000 for 0.15 or above
  • License suspension for 180 days
  • Ignition interlock (which requires breathing into a device to start your vehicle) for up to 60 days; one year or more for 0.15.

What Are Your Legal Rights In OWI Cases?

It is important to remember, you have rights. If everything was not done by the rules, you could have a defense.

Common reasons for OWI charge dismissals include:

  • Your Fourth Amendment rights. Did the officer have a valid reason for the traffic stop? They can pull you over if you were driving erratically; have a mechanical problem on your car (broken headlights, turn signals or brake lights); speeding; or weaving.
  • Field sobriety tests. Did the officer give you appropriate instructions? Were you wearing shoes that interfered with your ability to complete the tests? Were the tests administered in proper lighting or on an even surface?
  • Chemical tests. Were the results of your blood, breath or urine tests accurate or contaminated? Was the machinery correctly calibrated? Was the test administered properly?
  • Were you driving? If the officer arrived after you were stopped, you were not alone and there are no witnesses, you can argue that you were not in control of the car. This argument can also be successful if you were in a parked vehicle.

Work Directly With Our Experienced OWI Lawyers

Our experienced OWI attorneys can help make sure the arresting officer followed all their legal requirements. Every case is unique, and the circumstances of your arrest will affect your case. if you are facing OWI charges in Indiana, we are ready to help you from our Bloomington and Columbus offices. Call 812-727-7013 or contact us online.