Frequently Asked Questions About DUI and OWI in Boone County, Indiana
What is the difference between DUI and OWI in Indiana?
In Indiana, the legal term is OWI (Operating a Vehicle While Intoxicated). DUI, or driving under the influence, is a commonly used phrase, but OWI is what you will see in court documents and criminal charges. An OWI can be based on alcohol, drugs, or a combination of both. Regardless of the term used, these are serious criminal charges that can carry jail time, license suspension, and long-term consequences.
Can you refuse a breath or blood test during a DUI stop in Boone County?
You can refuse, but refusal comes with major penalties. Indiana’s Implied Consent Law means that by holding an Indiana driver’s license, you have already agreed to chemical testing if an officer has probable cause. Refusing can result in an automatic one-year license suspension, and officers may still obtain a warrant for a blood draw. This decision can significantly impact your case and should be discussed with a criminal defense attorney immediately.
Do I have to perform field sobriety tests if I’m pulled over for DUI?
Field sobriety tests are often presented as mandatory, but they are designed to gather evidence against you, not to help you. These tests are subjective and frequently lead to arrest even when drivers are not impaired. How you handle this situation can affect the outcome of your case, which is why speaking with an experienced criminal defense attorney as soon as possible is critical.
Will I go to jail for a first-time DUI or OWI in Boone County?
Many first-time OWI arrests do involve time in jail, at least overnight. Whether you remain in custody depends on factors like test results, prior history, and bond eligibility. Even first offenses can carry serious penalties, including license suspension, fines, and court-ordered programs. An experienced criminal defense attorney can often help minimize these consequences.
When should I contact a criminal defense attorney after a DUI arrest?
Immediately. The hours and days after a DUI or OWI arrest are crucial. Evidence must be reviewed, deadlines must be met, and mistakes made early can follow you throughout the case. Hiring a criminal defense attorney early gives you the best chance to protect your rights, challenge the evidence, and work toward the best possible outcome.