OWI / DUI Attorney
Indiana DUI laws are as OWI or operating a vehicle while intoxicated under Indiana law section §9-30-5 Operating a motor vehicle while intoxicated.
There are 2 ways that a person may be found to be in violation of Indiana's DUI law:
First, for being in violation of Indiana's 'per se' law, which states that it is against the law for any person to operate a motor vehicle while under the influence of alcohol, drugs or an intoxicant with a blood alcohol level of .08% or greater. This is where people get things confused and think because they are not stumbling or falling down, that they are not legally intoxicated. There is a big difference but that also means if you are unable to perform field sobriety tests because of a physical impairment an officer cannot assume your are intoxicated without obtaining more specific and conclusive evidence.
The second is tricky because a person can also be charged with DUI/OWI in Indiana even if their BAC (Blood Alcohol Content) level is below the legal limit. If by the arresting officer's observation of the driver's behavior before the stop or by showing signs of impairment while stopped by failing any portion of the field sobriety test (if taken). slurred speech or other various signs of impairment that would lead the officer to establishing probable cause and therefore arresting the driver.
Upon being arrested for DUI/OWI in Indiana the arresting officer will confiscate your driver's license and suspend or revoke it depending on whether this was a first offense violation or a second or subsequent violation and forward it along with his or her report and any evidence against you to the Indiana Bureau of Motor Vehicles. You only have ten days from the date of the arrest in which to request an administrative hearing to contest your suspension or revocation. If you fail to request a hearing within ten days of your arrest, you will not be granted one and the suspension or revocation period will stand.
Call Attorney Ed Fontanez today if your license was suspended because an OWI / DUI.... we may be able to get you the ability to drive while your case is still going on.