Got caught operating while under the influence (OWI) of alcohol? You’re probably scared. Why won’t you be? An OWI means you might lose your license, pay big fines or even go to jail. Worse, a conviction for OWI will appear on your criminal record; if you want to avoid getting into even bigger trouble, you’ll want to know how to act the moment you’ve been pulled over.
Your first actions after an OWI arrest
After your arrest, keep quiet. You can talk to cops, but don’t talk about drinking or driving until you get a lawyer. That’s in accordance with Miranda rights which serve as a critical protection for anyone arrested in the United States. When officers take someone into custody, they must inform you of these constitutional safeguards: your right to remain silent, that anything you say may be used against you in court, your right to an attorney, and the provision of a lawyer if you cannot afford one.
These warnings, established by the Supreme Court’s 1966 Miranda v. Arizona decision, ensure that you understand your Fifth Amendment protection against self-incrimination. Law enforcement must read these rights before questioning suspects, though many departments now also provide written forms. Failure to properly inform suspects of these rights can result in the court deeming their statements inadmissible, potentially weakening the prosecution’s case against you.
Considering all these, the best thing to do once you’re arrested is to stay calm and quiet.
The penalties for an OWI conviction
OWI punishments depend on where you live, but in the State of Indiana, this usually means:
For first-time offenders:
- Up to one year in jail
- A fine of up to $5,000
- Up to two years suspension of driving privileges or
- Probation with community service
- Substance abuse assessment
- Participation in a victim impact panel
- Periodic urine testing for alcohol and drug use
- Additional terms as the judge feels appropriate
A second offense within seven years can include:
- Up to $10,000 in fines
- Up to three years in jail with five days mandatory or
- 240 hours of community service with probation
- Undergo a substance abuse assessment
- Complete substance abuse education or treatment
- Participation in a victim impact panel
- Periodic urine testing for alcohol and drug use
- Additional terms as the judge feels appropriate
These potential penalties can be life-changing. Perhaps the worst part of a conviction for OWI is that the offense will appear on your criminal record, which can affect some major life decisions such as your ability to land a job and secure loans, among other things.
If you want to give yourself a chance against a conviction, you’ll have to act smart as early as the moment of arrest.
Properly responding to an OWI arrest
If officers arrest and charge you for OWI, you don’t want to respond through aggression. You must remain calm and confirm whether the officer is following proper protocol. The following are some critical steps you can take to confirm if your arrest was handled properly:
- Ask if the officer had a good reason to stop you
- Check if the breath test machine worked right
- Look at how they did your blood test
- See if the officer did their job properly
- Challenge the timeline of events between your stop and testing
- Question if your rights were properly explained to you
- Investigate if field sobriety tests were conducted under fair conditions
If the arresting officer mishandled any of these, you may have grounds to challenge the OWI charge in court. The circumstances of your case will differ from others, and while you could attempt to defend yourself in court, you might end up incriminating yourself if you say the wrong things. A legal professional may be able to not just walk you through the process, but also help you protect your rights.
Other “penalties” of note
Even if your case is resolved without the need for jail time, you’ll likely face some other “penalties.” Focus on:
- Finishing any required programs
- Building back your driving record
- Avoiding driving while intoxicated
Remember, a DUI is bad, but it’s not the end of your story. With proper legal advice, doing what the court orders and making safer choices, you can get through this.
Being charged with DUI can be a scary, intimidating experience. However, it’s important to stay calm. Aggravating actions may land you in bigger trouble, so try to maintain good behavior throughout the period.