Understanding the Criminal Justice System
According to the Indiana Criminal Justice Institute, there were more than 187,000 arrests for OWI (Operating While Intoxicated, also referred to as DUI) offenses in Indiana during the years 2016 through 2020. Each year, tens of thousands of OWI arrests are made along Indiana roads, and the consequences of operating a vehicle while intoxicated can be deadly in addition to being illegal. At Razumich & Associates, we regularly help clients who have been stopped and cited for OWI in Indiana and, along the way, have discovered a number of myths surrounding OWI laws and procedures. Here are five we regularly hear:
Myth #1: The police can’t cite me for an OWI if I’m on my own property.
WRONG: Indiana law prohibits you from operating a motor vehicle while under the influence of alcohol or drugs, no matter where you’re operating it. This means that if you’re driving your ATV in your backyard or on your farm after having a few beers, you can be cited for OWI if your blood alcohol content exceeds the legal limit.
Myth #2: If you see a driver checkpoint up ahead, it’s illegal to turn around.
WRONG: There is no law that requires you to proceed through a checkpoint once you see it ahead. If you are able to make a legal U-turn or turn off onto a side street, you are technically allowed to do so. You can even drive in reverse if you’re able to do so without interfering with other traffic. That said, one very good way to get the attention of the police at a checkpoint is to look as if you’re trying to avoid the checkpoint. This can give them probable cause to stop you and investigate further if you appear to be intoxicated.
Myth #3: There’s no breathalyzer test for marijuana, so I can’t get an OWI for driving high.
WRONG: While there is presently no easy field test like a breathalyzer that detects marijuana in a person’s blood system, there are other ways that police can attempt to prove a marijuana-related OWI. These include blood or urine samples, testimony from an expert based on your behavior and other physical signs, and physical evidence of consumption found in your vehicle.
Myth #4: Breathalyzer tests are always conclusive.
WRONG: Breathalyzers, like any medical device, can malfunction or can be operated improperly. They also need regular calibration. If operated improperly or if not calibrated, the breathalyzer can deliver false results. In addition, because breathalyzers measure the level of alcohol molecules in your breath, that doesn’t necessarily reflect the alcohol level in your blood. This can happen, for example, if you’ve recently eaten an alcohol-filled chocolate.
Myth #5: Refusing a breathalyzer test can save me from getting an OWI
WRONG: Refusing a roadside or stationhouse breathalyzer test will automatically mean losing your Indiana license for at least a year. It can also result in police securing a search warrant to permit them to draw your blood for analysis. Your refusal to cooperate is more likely to result in harsher penalties than it is to save you from the consequences of driving while intoxicated.
Razumich & Associates Can Defend You Against an OWI Charge
At Razumich & Associates, we have helped defend thousands of clients facing OWI charges all across Indiana. The sooner you contact us, the quicker we can get to work, fighting to get your charges reduced or even dismissed. Schedule a confidential consultation online, or call us today at 317-449-8661.
