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INDIANA LAWS FOR OPERATING
WHILE INTOXICATED THE BASICS There are three basic offenses for Operating While Intoxicated: (1) Operating while Intoxicated; (2) Operating with a .08% or greater breath or blood alcohol; (3) Operating with .15% or greater breath or blood alcohol. DEFINITIONS Intoxicated: In Indiana, 'Intoxicated' means under the influence of alcohol or drugs so that there is an impaired condition of thought and action and the loss of normal control of one's faculties. Endangerment of others, if alleged, may also be included in this definition. Chemical Test: Is a measurement of breath, blood, or urine. Prima facie: Prima facie evidence of intoxication means a chemical test that results in an alcohol level of .08% or greater. LICENSE SUSPENSIONS The basic suspension in Indiana is called an administrative suspension. A citizen receives this suspension because he fails the chemical test (.08% or higher) or, he refuses the chemical test. This suspension is unrelated to whether you are ultimately found guilty or 'not guilty'. If you are ultimately convicted of a drinking driving offense by trial or plea bargain, a conviction suspension will apply. You may receive credit for your administrative suspension so long as you did not refuse the chemical test. Typical conviction suspensions include 90 days - 2 years for first offenders, 1-2 years for 2nd offenders, and, 10 years for 3rd offenders depending on the timing of the offenses. Some other license suspensions can be imposed for drug cases, death or injury cases, failure to insure cases, and, leaving the scene of an accident cases. Don't guess - check with Sam Shapiro to see the minimum license suspension that applies to you and your case ADDITIONAL NOTES In OWI cases, if you are found guilty, you must pay a price far in excess of simply paying a ticket. Not everyone who 'drinks and drives' is guilty of a drinking and driving crime.
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YOUR DRIVER'S LICENSE IN A NUTSHELL 1.At the time of your arrest, the officer exchanges your license for a receipt. 2. Your physical document, i.e. license is given to the prosecutor's office. 3. The license and probable cause paperwork is given to the judge. 4. 99% of the time, the judge finds probable cause based on a chemical test failure or refusal and he will either suspend your license immediately or, he will send your information to the BMV and they will send you a suspension letter. 5. IF YOU HAVE AN OUT OF STATE LICENSE, you are suspended in Indiana only, unless your home state also suspends you. This is unlikely unless you are ultimately convicted of the OWI offense. Your home state will probably not suspend you based on chemical tests in Indiana alone. 6. IF YOU HAVE AN INDIANA LICENSE and get suspended by the judge or the BMV, you cannot drive, period. 7. Your suspension is for 180 days if you failed the chemical test and 1 year if you refused it. Those suspensions may be shortened depending on how quickly your case is resolved. Your license is in effect used as bait to induce you to plead guilty quickly to get it back and accept the OWI. If your goal is to get driving as soon as possible, the guilty plea is the most efficient way to do that but the trade off is the OWI on your record. The hardship license for 1st offenses allows a work license but requires that you have an alcohol evaluation and file a lawsuit while your OWI case is pending. Refusals do not qualify. 8. 1st offenders may qualify for probationary or hardship licenses. 9. 2nd offenses within 5 years = 1year Suspension, outside 5 years = 6 months suspension. 10. 3rd offenses qualify you for habitual traffic violator treatment, which can mean a 10 year license suspension. The court does not have to inform you of this fact, therefore, you may think you are getting a 1 year suspension according to you plea bargain when really the BMV is going to make you a habitual violator. 11. You get no credit for the time your license is suspended in the event you are convicted if you refused the chemical test. A refusal results in a lost of credit time and no opportunity for a hardship license. 12. To get your license reinstated after the 180 days or the 1 year passes, if your case is not over, simply go to the license branch and apply. If convicted of OWI, then a reinstatement fee and SR22 insurance is required. |
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© Copyright 2005 Sam Shapiro Attorney At Law. All Rights Reserved |
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