Frequently Asked Questions
1. Is a 0.15 BAC an automatic conviction in Indiana?
No. A reported BAC of 0.15 or higher does not automatically result in a conviction. Prosecutors must still prove the charge beyond a reasonable doubt, and the accuracy of the breath or blood test may be challenged depending on the facts of the case.
2. Can a first-time OVWI be charged as a Class A misdemeanor in Indiana?
Yes. Even if you have no prior OVWI convictions, a reported alcohol concentration of 0.15 or higher may result in a Class A misdemeanor charge under Indiana law.
3. Can a breath test showing 0.15 or higher be challenged?
Yes. Breath test results are not always beyond question. An attorney may review issues such as machine maintenance, officer procedures, testing records, observation periods, and whether the reported result accurately reflected your BAC while driving.
4. Will I lose my driver’s license if my BAC is 0.15 or higher?
A license suspension may be possible after an Indiana OVWI arrest, but the outcome depends on the specific facts of the case, the type of suspension involved, and any court or Bureau of Motor Vehicles actions.
5. Should I hire an attorney after an Indiana OVWI arrest with a BAC of 0.15 or higher?
Because a BAC of 0.15 or higher can increase the severity of the charge and potential penalties, it is often helpful to have an attorney review the evidence, explain the court process, and evaluate any legal or scientific issues that could affect the case.