Very few people actually plan to go out and get arrested for driving while intoxicated. When they do, they had better be sure they have an Indiana OWI lawyer. In the state of Indiana, OWI stands for operating while intoxicated, referring to a motor vehicle. In some states, such as Texas, motor vehicle can include a golf cart.
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.
Getting busted for drunk driving is a nasty experience. You are likely to be angry, confused, ashamed, frightened or any combination of the above. You may be so drunk you feel invincible and start spouting your mouth off. You may be so scared you spill your guts at the first opportunity. The first right you need to be aware of is your right to not say anything to incriminate yourself.
The incrimination actually begins before you open your mouth, before you are even pulled over. The local LEOs are looking for certain behaviors that are characteristics of drunk drivers. If you are driving well below the speed limit, weaving from one lane to another or making excessively wide turns, this is likely to draw unwelcome attention to yourself.
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.
It is the chemical tests that can do the most damage from a criminal defense point of view. For this reason, defense lawyers often make challenging them a prime part of their defense strategy. They will request things like the training record of the operator or the maintenance record of the piece of equipment that was used in your arrest. Another vulnerable target, believe it or not, is the source code that is used in the programming of the breath-testing equipment.
Incriminating statements are those you make without thinking, when you speak without the presence of an attorney. You think that by confessing, they may be more lenient with you, or you may say something to hang yourself without even knowing it. Know this, you have the right to refuse to answer questions, although it is in your best interests to do so politely. Remember, also, that the role of the DWI lawyer in Indiana is not to let you off the hook for dangerous and stupid behavior. The job of the lawyer is to ensure that your rights as guaranteed under the Constitution are preserved and protected and that you get the justice to which you are entitled.
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.
Getting busted for drunk driving is a nasty experience. You are likely to be angry, confused, ashamed, frightened or any combination of the above. You may be so drunk you feel invincible and start spouting your mouth off. You may be so scared you spill your guts at the first opportunity. The first right you need to be aware of is your right to not say anything to incriminate yourself.
The incrimination actually begins before you open your mouth, before you are even pulled over. The local LEOs are looking for certain behaviors that are characteristics of drunk drivers. If you are driving well below the speed limit, weaving from one lane to another or making excessively wide turns, this is likely to draw unwelcome attention to yourself.
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.
It is the chemical tests that can do the most damage from a criminal defense point of view. For this reason, defense lawyers often make challenging them a prime part of their defense strategy. They will request things like the training record of the operator or the maintenance record of the piece of equipment that was used in your arrest. Another vulnerable target, believe it or not, is the source code that is used in the programming of the breath-testing equipment.
Incriminating statements are those you make without thinking, when you speak without the presence of an attorney. You think that by confessing, they may be more lenient with you, or you may say something to hang yourself without even knowing it. Know this, you have the right to refuse to answer questions, although it is in your best interests to do so politely. Remember, also, that the role of the DWI lawyer in Indiana is not to let you off the hook for dangerous and stupid behavior. The job of the lawyer is to ensure that your rights as guaranteed under the Constitution are preserved and protected and that you get the justice to which you are entitled.
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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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