South Bend OWI/DWI/DUI Defense Attorney
Operating while intoxicated (OWI) is Indiana’s term for drunk driving, commonly called DWI or DUI in other states. An OWI conviction in Indiana carries jail time, fines, license suspension and long-term consequences for employment and insurance.
Attorney Peter A. Britton defends clients facing OWI charges throughout St. Joseph County and Elkhart County through Britton Law LLC. As a former prosecutor with over 20 years of experience, he knows how the state proves OWI cases and where those cases fail.
Indiana OWI Basics
Indiana prosecutes OWI under two theories:
- Per se OWI charges apply when a chemical test shows a blood alcohol content of .08% or higher, or a controlled substance for which a person does not have a valid prescription. No proof of actual impairment is required. The test result alone can support a conviction.
- Impairment-based OWI charges rely on officer observations and field sobriety test performance rather than chemical testing. Prosecutors must prove that the alcohol or drugs you consumed materially impaired your ability to operate a vehicle safely. Refusing chemical testing triggers automatic license suspension through the BMV. This administrative suspension runs separately from criminal court proceedings. The refusal suspension lasts one year for a first refusal and two years for subsequent refusals.
Understanding the difference between BMV administrative actions and criminal court processes is crucial. Attorney Britton handles both simultaneously to protect your driving privileges and fight the criminal charges.
Stops, Field Sobriety Tests And Chemical Testing
Most OWI arrests begin with traffic stops. Police need reasonable suspicion of a traffic violation or criminal activity to pull you over. Attorney Britton challenges stops lacking proper justification, which can lead to suppression of all evidence and case dismissal.
Field sobriety tests are subjective and prone to error. Officers look for specific clues during standardized tests, but medical conditions, injuries, footwear, road conditions and nervousness affect performance. Talking to a criminal defense lawyer like Britton can help you challenge how the tests were administered and interpreted.
The instruments used to test alcohol in a person’s breath require proper calibration and maintenance. Blood tests demand specific collection and storage protocols. Attorney Britton evaluates the testing procedures to identify problems that may compromise results.
Schedule Your Free OWI Defense Consultation
OWI charges threaten your license, freedom and future. Attorney Peter A. Britton offers free consultations to review your arrest, explain your options and discuss defense strategies. Call Britton Law LLC at 574-218-0989 or submit the online contact form to schedule your consultation today.