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 acronym your state uses to describe being over the limit, most states operate on the assumption that by being in control of a motor vehicle, you consent to a blood alcohol test. In some states, like Texas, refusing to take a blood test results in automatic loss of your driver's license.
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.
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 acronym your state uses to describe being over the limit, most states operate on the assumption that by being in control of a motor vehicle, you consent to a blood alcohol test. In some states, like Texas, refusing to take a blood test results in automatic loss of your driver's license.
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.
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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