Protecting Your Indiana Driver’s License And Your Future
A charge of operating while intoxicated (OWI) – known as driving under the influence (DUI) or driving while intoxicated (DWI) in other states – can jeopardize your driving privileges and, in some cases, your freedom. The lawyer at Britton Law LLC realizes that clients can be under a lot of stress and worry about the future. That’s why Peter A. Britton does his best to offer comprehensive legal services and peace of mind.
He practices criminal law on behalf of clients throughout north central Indiana. Some of the matters he handles include:
- OWI
- Driving under the influence of prescription drugs
- Reckless driving
- Excessive speeding
- Requests for specialized driving privileges
- Driving on a suspended or revoked license
Regardless of the conditions surrounding your charge, he wants to help you protect your rights. He takes pride in working efficiently and resolving cases in a timely manner.
What Are The Penalties For OWI?
The state has very harsh consequences for even first-time offenders. If you’re convicted, the court may punish you with some or all of the following penalties:
- A fine of $500 to $10,000
- Jail time of five days to three years
- Installation of an interlock ignition device
- Up to 360 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 with a BAC of under 0.15% can lead to a 60-day driver’s license suspension. If it is a subsequent offense, such as a second offense, the suspension could be a year long. If your BAC is at or over 0.15%, even if it’s a first offense, you could also get a year-long suspension.
In some cases, you will retain certain driving privileges. For instance, the officer may give you a temporary license that you can use if you’re planning to appeal the suspension. 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. You do not have to submit for the test, and the police will not force you to do so.
However, under 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 are still ramifications. The authorities can suspend your driver’s license if you do so. This is typically an additional suspension of a year for a first offense, but it could be two years for a subsequent offense.
However, you do not have to perform field sobriety tests. These may include the walk-and-turn test or the one-leg stand test. You can refuse these without penalty, as implied consent laws do not cover them. It’s often a bit of a risk to take a field sobriety test, as these tests are notoriously unreliable, and it is usually just a judgment call by the police officer to decide if you “failed” the test or not.
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.
Let Attorney Britton Handle The Details For You
Attorney Britton understands the seriousness of charges involving alcohol and driving, so he’ll work closely with you to examine all your options. His goal will be to provide a high level of support so that you can move on with your life as soon as possible. The legal system is complex and can have a lot of paperwork associated with it. That’s why he’ll assist you with all the details.
For Help With An OWI in South Bend, Reach Out Today
You can trust attorney Britton with the stress of your OWI or traffic case. He’ll be sure to answer your questions and provide you with valuable guidance. Give his South Bend office a call today and set up a consultation with him. To reach him, call 574-218-0989 or send him an email.