As social habits, medical science and technology evolve, laws often need to change as well. Indiana frequently revises existing statutes to make them more effective and promote public safety.
Operating while intoxicated (OWI) offenses are relatively common in Indiana, and numerous different statutes may apply to the arrest of drivers, the evidence gathered by the state and the penalties imposed by the courts after a conviction. Revisions to existing OWI statutes and practices can have a profound impact on the rights of defendants and what happens when they face OWI charges.
What rules have recently changed in Indiana?
Ignition interlock requirements
The courts often grant those convicted of OWI offenses Specialized Driving Privileges (SDP) to continue working, receiving medical care or transporting their children. Judges in Indiana are now more likely to require the installation of an ignition interlock device (IID) in the vehicles of those securing SDP after an OWI conviction. Convicted motorists can resume their usual activities more promptly, but they must pay for the devices and perform regular tests to ensure sobriety while driving.
The use of e-warrants
Historically, police officers have required a hearing in front of the judge to secure a warrant if a motorist refuses a breath test and they must conduct a blood draw to validate their chemical impairment. Law enforcement professionals now increasingly rely on e-warrants to speed up the process of conducting a post-refusal blood draw.
Those who refuse a chemical test are at risk of a one- year administrative driver’s license suspension or a two-year suspension with a prior OWI on their record. A blood test through a warrant does not eliminate those penalties.
Drug-impaired OWI standards
With the legalization of hemp and Delta-8 products, more people now drive under the influence of drugs, as opposed to alcohol. Prosecutors bringing charges related to hemp or Delt-8 products need clear records of officer observations, reports from drug recognition experts (DREs) who evaluate a driver and toxicology reports. Without a per se limit, proof of impairment is a key part of the prosecution process.
Evolving expungement rules
Lawmakers continue to adjust Indiana’s Second Chance statute that allows for record sealing and expungement. OWIs are typically only expungible after a lengthy waiting period, and cases that involve collisions causing injury or death may not be eligible. Finally, changes to docket management after the pandemic, substantial testing backlogs at state-certified laboratories and improved access to e-warrants all influence timelines and defense strategies for OWI cases, particularly when the state relies on a blood test to build its case.
Drivers facing Indiana OWI charges need support to understand their rights and the ever-changing nuances of the law. The guidance of an attorney can help OWI defendants avoid the worst possible penalties.