You don't usually leave the house with the intention of being pulled over for drunk driving. But when you do, you need an Indiana OWI lawyer. In this context, OWI stands for operating while intoxicated, and applies to people who are operating a motor vehicle with . 08 percent blood alcohol content.
In just one year, the state of Indiana had a total of 187 accidents involving a fatality where at least one driver had a BAC over . 08 percent, the legal limit. Nobody is suggesting they should get off without accepting the consequences, neither should they be bereft of their basic rights to justice. This is where the mouthpiece comes in.
Whatever your state calls it, DWI, DUI or OWI or whatever new combination of letters someone comes up with, there is a law of implied consent. In simple terms, the day you get your driver's license, your consent to have a blood test is implied. In many states, if you refuse to take a blood test, you can be presumed guilty and your license taken away. There are times when this is the right defensive strategy, but don't try it without the advice of your attorney.
The thing is, if you are arrested for drunk driving, you are likely to be so confused, shocked and spit-scared that you will confess to anything. Wrong. Less is definitely more. Law enforcement officers have selective memories, and anything you say in your own favor will be forgotten, while anything you say that will incriminate yourself will be forever etched in stone.
The self-incrimination usually starts long before you get a chance to shoot your mouth off and even before the lights and sirens go on. The law enforcement officers will already have noticed that you have been driving like an idiot. Maybe you have been veering from side to side, crossing into other lanes of traffic, making extra-wide turns or driving miles below the speed limit.
Once you get pulled over, there are what they call "personal" symptoms of insobriety. These include slurred speech, glassy eyes or alcohol on the breath. Other categories of evidence include field sobriety tests, self-incriminating statements and chemical (blood, breath or urine) tests.
Of these, it is the chemical tests that carry the most weight in the courtroom. This is why they are a prime target for criminal defense lawyers. The equipment for performing these tests has to be maintained to the highest standard in order to be admissible as evidence.
On the subject of incriminating statements, here is where you could turn out to be your own worst enemy. You are not required to tell anybody anything. You have the right to, politely, refuse to answer any questions. Keep your mouth shut until your attorney arrives. On their own, field sobriety tests to not prove that you are intoxicated. Most of them are fairly inaccurate. Their value is in helping the officer decide whether it is worth hauling you in. They include things like walking backwards or trying to recite the alphabet backwards.
In just one year, the state of Indiana had a total of 187 accidents involving a fatality where at least one driver had a BAC over . 08 percent, the legal limit. Nobody is suggesting they should get off without accepting the consequences, neither should they be bereft of their basic rights to justice. This is where the mouthpiece comes in.
Whatever your state calls it, DWI, DUI or OWI or whatever new combination of letters someone comes up with, there is a law of implied consent. In simple terms, the day you get your driver's license, your consent to have a blood test is implied. In many states, if you refuse to take a blood test, you can be presumed guilty and your license taken away. There are times when this is the right defensive strategy, but don't try it without the advice of your attorney.
The thing is, if you are arrested for drunk driving, you are likely to be so confused, shocked and spit-scared that you will confess to anything. Wrong. Less is definitely more. Law enforcement officers have selective memories, and anything you say in your own favor will be forgotten, while anything you say that will incriminate yourself will be forever etched in stone.
The self-incrimination usually starts long before you get a chance to shoot your mouth off and even before the lights and sirens go on. The law enforcement officers will already have noticed that you have been driving like an idiot. Maybe you have been veering from side to side, crossing into other lanes of traffic, making extra-wide turns or driving miles below the speed limit.
Once you get pulled over, there are what they call "personal" symptoms of insobriety. These include slurred speech, glassy eyes or alcohol on the breath. Other categories of evidence include field sobriety tests, self-incriminating statements and chemical (blood, breath or urine) tests.
Of these, it is the chemical tests that carry the most weight in the courtroom. This is why they are a prime target for criminal defense lawyers. The equipment for performing these tests has to be maintained to the highest standard in order to be admissible as evidence.
On the subject of incriminating statements, here is where you could turn out to be your own worst enemy. You are not required to tell anybody anything. You have the right to, politely, refuse to answer any questions. Keep your mouth shut until your attorney arrives. On their own, field sobriety tests to not prove that you are intoxicated. Most of them are fairly inaccurate. Their value is in helping the officer decide whether it is worth hauling you in. They include things like walking backwards or trying to recite the alphabet backwards.
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When you are looking for information about a knowledgeable Indiana OWI lawyer, you can go to the web pages online here today. Details are available at http://www.grinerlaw.com now.
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