What qualifies as "operating" while intoxicated?
To be convicted of Operating while Intoxicated, the State must prove that you were operating a vehicle. What does this mean under Indiana law?
Blog: Operating While Intoxicated
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Can your vehicle be searched if impounded?
If your vehicle is impounded after an Operating While Intoxicated (OWI) or other traffic stop, can the vehicle be searched?
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Can you get an OWI even if police never see you in the vehicle?
Many people believe that they cannot be charged with OWI if the police officer did not see them operating the vehicle. Steven Knecht lets us know if this bit of urban wisdom is true in the state of Indiana.
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Should you refuse a breath test?
If during a traffic stop in Indiana, a police officer asks you to take a breath test to determine if you are intoxicated, should you agree to take the breath test?
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Portable breath tests do NOT count
Many people believe that they have not refused a breath test in their operating while intoxicated cases because they took a portable breath test at scene of the traffic stop. However, the portable breath tests results are only admissible to establish probable cause for an arrest. Portable breath test results are not admissible at trial because these tests have not been approved by the Indiana Department of Toxicology as being scientifically reliable. Therefore, even if you take the portable field test, you still are required to take the certified breath test at the police station or jail or...