It is not uncommon to have a few too many when at a social event like a college football game or a friend’s party. If you decide to drive home afterward, you might encounter an operating a motor vehicle while intoxicated (OWI) checkpoint, especially in states like Indiana where they are legal.
When should I expect to see an OWI checkpoint?
Although the timing for these checkpoints can vary, there are certain times of the year when they are more likely than others. Authorities will often plan to have these stops at times when they predict a greater likelihood of drunk drivers. This can include holiday weekends and major sporting events, like college football games.
What should I do if stopped at a DUI checkpoint?
It is important to stay calm and be polite. Do not attempt to turn around or evade the checkpoint. This can give the police reasonable cause to stop you. Anxiety and rudeness can raise suspicions and cause unnecessary complications. It can help to gather your documentation as those conducting the checkpoint will likely ask to see your driver’s license, registration, and proof of insurance.
When you reach the officer, answer the questions succinctly, without offering additional details.
What are the penalties for a DUI in Indiana?
If the stop escalates to charges and a conviction for a DUI, the penalties can be severe. Although the exact penalties vary based on factors such as the driver’s blood alcohol content (BAC) level and whether it is a first or subsequent offense, penalties generally include up to one year in jail and hundreds of dollars in fines for a first offense.
Additionally, Indiana state law often requires DUI offenders attend a substance abuse education course and possibly undergo an evaluation for substance abuse problems, which could lead to mandated treatment programs.
What defenses are available in these types of situations?
The defense strategy will depend on the evidence and details of the case. It is important to gather the contact information for any witnesses as well as any police report or dashcam footage, if possible. Write out the details of the checkpoint’s operation, as any deviation from legal protocols can be used in your defense. Remember, a proactive approach can significantly increase your chances of a favorable outcome in court.