Can you be charged with OWI if you are under 0.08 in Indiana?
If your breath or blood alcohol level is .08 or above, you will be arrested and charged with Operating while Intoxicated in Indiana. However, if you test under .08, you can still be arrested and charged with OWI. You can be convicted if it can be proven that you were intoxicated while operating a vehicle regardless of your alcohol level.
Intoxicated means being under the influence of alcohol so that there is an impaired condition of thought and action and the loss of normal control of a person’s faculties. Therefore, some people can be intoxicated under .08. The State can attempt to prove the OWI using problems with driving as well as other physical indicators of impairment such as slurred speech, bloodshot eyes, and problems with coordination.
With over 34 years of handling thousands of criminal cases, Steven Knecht is familiar with the possible defenses to operating while intoxicated offenses and other criminal charges. Few other attorney can match his trial experience and knowledge of criminal law and he can use that experience and knowledge to benefit you.
If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.