Yes, You Can Defend Yourself Against An OWI
Too often, people in Indiana who are arrested for drunk driving assume there is nothing they can do to challenge the charges against them. If you are in this situation, you may figure that if you have a chemical test result of .08% blood alcohol content (BAC) or higher, you have no defense to a charge of operating while intoxicated (OWI). This is simply not true. The attorneys at Hayes Law Office successfully defend OWI (also referred to as DUI) charges on a routine basis. You can and should learn what options there may be to defend against an OWI.
An Arrest Does Not Equal Guilt
Everyone charged with a crime deserves a defense. Your arrest does not mean you are guilty. This is an important tenet of our constitution that applies just as much to an OWI as any other offense. The prosecution must present evidence against you and prove your guilt beyond a reasonable doubt. Having a BAC of .08% or more may indicate guilt, but our attorneys can challenge even this evidence.
Possible Defenses Against OWI/DUI
Breath tests, blood tests and traffic stops are not as iron-clad as the police and prosecutors would like you to think. The police can and do make mistakes, allowing for possible defenses. These may include:
- An illegal traffic stop – The police must have a reason to pull you over for a stop. This can be as simple as failure to use a blinker or a broken taillight, but they cannot pull you over for no reason. Note, however, that sobriety checkpoints are legal in Indiana.
- Lack of probable cause for an arrest – Police cannot arrest you without probable cause that you committed a crime. You do not have to take a field sobriety test or a roadside breath test, which are both notoriously inaccurate. Note that the police can still arrest you and Indiana’s implied consent law does require you to take a chemical test at the station or face civil consequences.
- Improper use of testing equipment – Testing equipment requires routine maintenance and training for proper use. Any problems with the equipment or the officer using it can be used to challenge the results and may even lead to excluding the evidence.
These are just a few examples of approaches the attorneys at Hayes Law Office may take to create a strategic defense on your behalf. They will take the time to answer your questions and tailor your defense to your specific circumstances. They are here to help you protect your reputation and your future.
Don’t Give Up – Talk To An Attorney
You have options. Before you give up on your future, talk to an experienced OWI defense attorney. You can schedule a free initial appointment with one of the lawyers at Hayes Law Office by calling their Indianapolis office at 317-982-6122 or reaching out online.