You may have heard impaired driving, referred to as driving under the influence (DUI), driving while intoxicated (DWI), or operating while impaired (OWI). In Indiana, this crime is referred to as operating a vehicle while intoxicated, or OVWI. No matter how you are familiar with this crime, it is a significant offense that can impact your freedom, finances, and future for years to come.
Treat OVWI charges with the seriousness they deserve by retaining Kaushal Law, your Indiana OVWI defense lawyer.
What Constitutes OVWI in Indiana?
When it comes to violating Indiana’s OVWI laws, there are two main ways the prosecution can allege this happened in your case. These two ways include the following:
- “Per-Se” Violation: If the alcohol concentration in your breath or blood is 0.08 or higher and you are driving a vehicle, you are presumed to be operating that vehicle while intoxicated. In this situation, it does not matter if you feel buzzed or engage in dangerous driving behaviors.
- Intoxicated Driving: Alternatively, you can commit OVWI if you are driving and have consumed any alcohol, drugs, or combination of the two, and your faculties are impaired. Your faculties are impaired when your thoughts and actions are negatively impacted by alcohol or drugs. The prosecution will point to the following to suggest your faculties are impaired:
- Your driving behaviors and any traffic violations you committed
- Your performance on standardized field sobriety tests
- The odor of alcohol or any physical indicators of alcohol or drug consumption
- Your speech and your ability to articulate your words
- Any admissions to consuming alcohol or drugs that you make to the officer
The severity of your OVWI charge will depend on several factors, including:
- How many prior OVI convictions you have in your past
- Your alcohol concentration, if you took a breath or blood test
- Whether you caused injury to or the death of any other person while under the influence
OVWI is more than simply “drunk driving.” If the prosecution’s evidence does not show you were either “per se” intoxicated or that your faculties were impaired, you should not be convicted of OVWI.
Lean on Kaushal Law to test the prosecution’s case and challenge the sufficiency of the prosecution’s witnesses, alcohol testing equipment, and other evidence.
Consequences of an Indiana OVWI Conviction
If you are found guilty of OVWI, you could face the following:
- Between 0 days and six years in jail or prison
- Fines between $0 and $10,000
- Suspension of your driver’s license from 90 days to 10 years
You may also be ordered to attend drug or alcohol counseling, have restricted driving privileges, and complete a period of probation.
You Deserve a Strong OVWI Defense from Kaushal Law
If you are charged with violating Indiana’s OVWI statute, you should act quickly to minimize the direct and collateral consequences of your charge. Retain Kaushal Law and allow us to use our experience and tenacity to defend your reputation and rights.
Call Kaushal Law and speak with your Indiana OVWI defense lawyer right away.