South Bend OWI/DWI/DUI Defense Attorney
Operating while intoxicated (OWI) is Indiana’s term for drunk driving, commonly called DWI or DUI in other states. An OWI conviction in Indiana carries jail time, fines, license suspension and long-term consequences for employment and insurance.
South Bend OWI/DWI/DUI Attorney Peter A. Britton defends clients facing OWI charges throughout St. Joseph County and Elkhart County at his firm, Britton Law LLC. As a former prosecutor with over 20 years of experience, he knows how the state proves OWI cases and where those cases fail.
Per Se OWI Versus Impairment-Based OWI Charges In Indiana
In Indiana, an OWI charge can be prosecuted in two main ways: as a “per se OWI” or as an “impairment-based OWI.” A per se charge is based on a chemical test showing the driver had a blood alcohol content (BAC) of 0.08 or higher. An impairment-based charge does not depend on a specific number; instead, the state must show the driver was actually impaired by alcohol or drugs to the point that driving ability was affected.
Per Se OWI
In a per se OWI, the prosecution’s focus is the test result. This may come from a breath, blood or urine test. If the state can prove the test was valid and the result was at or above the legal limit, that is usually enough to support the charge, even if the driver did not appear obviously intoxicated.
Defense strategies in these cases often focus on the reliability of the test. That may include questioning whether the machine was properly calibrated, whether the sample was contaminated or mishandled, and whether the arrest was lawful in the first place. A defense may also challenge whether the test result truly reflects the driver’s condition at the time of driving.
Impairment-Based OWI
In an impairment-based OWI, the prosecution relies on the officer’s observations and other evidence showing the driver was impaired. This may include slurred speech, red or watery eyes, the smell of alcohol, poor performance on field sobriety tests, and the officer’s overall opinion that the person was not safe to drive.
The state uses body-camera footage, witness statements or admissions by the driver to support this theory. In these cases, the defense often attacks the subjective nature of the evidence. That may involve arguing that the driving was not actually unsafe, that field sobriety tests were given incorrectly or under poor conditions, or that the observations had innocent explanations such as fatigue, illness, road conditions or a medical issue.
It is important to note that refusing chemical testing triggers automatic license suspension through the Bureau of Motor Vehicles (BMV). This administrative suspension runs separately from criminal court proceedings. The refusal suspension lasts one year for a first refusal and two years for subsequent refusals.
Understanding the difference between BMV administrative actions and criminal court processes is crucial. Attorney Britton handles both simultaneously to protect your driving privileges and fight the criminal charges.
Stops, Field Sobriety Tests And Chemical Testing
Most OWI arrests begin with traffic stops. Police need reasonable suspicion of a traffic violation or criminal activity to pull you over. Attorney Britton challenges stops lacking proper justification, which can lead to suppression of all evidence and case dismissal.
Field sobriety tests are subjective and prone to error. Officers look for specific clues during standardized tests, but medical conditions, injuries, footwear, road conditions and nervousness affect performance. Talking to a criminal defense lawyer like Mr. Britton can help you challenge how the tests were administered and interpreted.
The instruments used to test alcohol in a person’s breath require proper calibration and maintenance. Blood tests demand specific collection and storage protocols. Attorney Britton evaluates the testing procedures to identify problems that may compromise results.
How To Challenge An Illegal Traffic Stop And An OWI Arrest
Reasonable suspicion must support a traffic stop, meaning the officer must have specific facts that suggest a traffic violation or criminal activity may be happening. An arrest requires probable cause, which is a stronger standard. That means the officer must possess sufficient facts to believe the driver committed an OWI or another offense.
Defense lawyers often challenge whether the stop or arrest was lawful by carefully reviewing dashcam footage, 911 calls, body cam video and the officer’s report. These materials can show whether the driver was actually committing a traffic violation or whether the officer exaggerated what happened. They can also reveal inconsistencies between what the officer wrote and what the video shows.
If the stop was unlawful, the defense may ask the court to suppress the evidence gathered afterward, including field sobriety tests, chemical test results and statements made by the driver. If the court excludes key evidence, the prosecutor might lack sufficient proof for the case, potentially leading to dismissal or a significantly stronger defense.
Breath And Blood Testing Defenses In An OWI Case
Defense attorneys can challenge breath test results by examining the machine’s maintenance records, the operator’s certification, and how the test was administered. Problems with calibration, expired certifications or mistakes during the testing process can undermine the result. Defense lawyers also look for mouth alcohol or medical conditions, such as acid reflux, diabetes or GERD, that can create inaccurate readings.
The defense may also examine the chain of custody to see whether they properly handled the sample from the time it was drawn until testing. Storage issues, contamination or delays can affect reliability. If a hospital drew the individual’s blood, the defense may review whether they followed standard draw protocols.
In some cases, the state also relies on retrograde extrapolation to estimate alcohol levels earlier in time, and the defense can attack that opinion as speculative or based on flawed assumptions.
First-Time And Repeat OWI Penalties In Indiana
An OWI conviction in Indiana can carry serious penalties, and the punishment often depends on whether it is a first offense or a repeat offense. Although a first OWI is charged as a misdemeanor, jail time, fines, probation, license suspension, alcohol treatment, and other conditions are still possible. As prior convictions add up, the consequences become much more severe.
Certain factors can increase legal penalties. For instance, a BAC level of 0.15 or higher can lead to enhanced sentencing. Having a minor in the vehicle may also raise the stakes and make the case more serious. Prior OWI convictions can lead to longer jail terms, higher fines and increased license restrictions. Aggravating circumstances or repeated offenses can also escalate a situation from a misdemeanor to a felony charge.
The difference between a misdemeanor and a felony is important. Misdemeanors carry lighter jail exposure and fewer long-term consequences, while felonies can lead to prison time, larger fines and lasting effects on employment, housing and personal relationships.
Early legal intervention can make a major difference in an Indiana OWI case. A criminal defense lawyer may challenge the stop, the testing or the state’s evidence before the case moves too far forward. Acting quickly can also help protect driving privileges, preserve important evidence and improve the chances of negotiating a better outcome.
Frequently Asked OWI/DWI/DUI Questions
What Are The Penalties For OWI?
The state imposes very harsh consequences even on first-time offenders. If you’re convicted, the court may punish you with some or all of the following penalties:
- A fine of up to $10,000
- Jail time up to 2 ½ years
- Installation of an interlock ignition device
- Up to 480 hours of community service
- Suspension or revocation of your license
When you sit down with attorney Britton, he can evaluate your circumstances and give you an accurate idea of what to expect.
Will You Lose Your Driver’s License?
You may. Under Indiana law, a first-offense OWI can result in a 1-year driver’s license suspension. If it is a subsequent offense, the suspension could be up to 2 years.
In some cases, you may be able to retain certain driving privileges. But a conviction can impact your ability to drive moving forward.
Can You Refuse A Breath Test During A Traffic Stop?
You can refuse a breath test during a traffic stop; however, there are potential consequences for doing so. Also, if you do refuse the test, the police can request a court order to compel you to provide a blood sample.
Under Indiana’s implied consent laws, all drivers have already “consented” to a legal breath test if they are suspected of being impaired. Therefore, while you do have the right to refuse the test, there may be ramifications, such as a license suspension. This can be an additional suspension to what the court imposes if you are ultimately convicted of a crime. Also, refusing to submit to a chemical test may limit your ability to obtain a “hardship license” if your ability to drive is suspended by the BMV for the refusal.
Are OWI Penalties Different For Underage Drivers?
Yes. To begin with, Indiana uses zero-tolerance laws. This means that a driver who is under 21 has a legal limit of just 0.02%, as opposed to 0.08%. The presence of almost any alcohol allows for an arrest because that driver is too young to drink in the first place. An OWI conviction could then lead to penalties like a 90-day license suspension, a $500 fine, and as many as 60 days behind bars.
Schedule Your Free OWI Defense Consultation Today
OWI charges can threaten your license, freedom and future. Attorney Britton offers free consultations to review your arrest, explain your options and discuss defense strategies. Contact his firm today at 574-218-0989 or use his online form to arrange a confidential meeting with him at his South Bend law office.