What’s an Owi Arrest?
If you’re facing a night out with friends, the last thing you want to worry about is the potential consequences of drinking and driving. However, accidents do happen, and sometimes it’s unavoidable. An OWI (Operating While Intoxicated) arrest can be a daunting experience, especially if you’re unaware of what it entails. In this article, we’ll guide you through what an OWI arrest is, the consequences you might face, and the process of defending yourself.
What is an OWI Arrest?
An OWI arrest occurs when an individual operates a motor vehicle while impaired by alcohol, drugs, or a combination of both. This includes driving, parking, or being in control of a motor vehicle while under the influence. In the United States, the legal blood alcohol content (BAC) limit is typically set at 0.08% for adults, but this limit may be lower for minors, commercial drivers, and individuals who have been convicted of OWI previously.
What Triggers an OWI Arrest?
Law enforcement agencies have the authority to pull over and arrest anyone who they reasonably suspect of operating a vehicle while intoxicated. Here are some common reasons that might trigger an OWI arrest:
- Driving under the influence: If an officer witnesses a driver operating a vehicle recklessly, erratically, or without proper control.
- Field sobriety tests: If an officer suspects a driver of being under the influence, they may ask you to perform standardized field sobriety tests, such as the horizontal gaze nystagmus test or the walk-and-turn test. Failure to perform these tests properly or failure to pass them can be seen as evidence of intoxication.
- Breach of the peace: If an officer believes you’ve caused a disturbance or threat to public safety, you may be arrested and charged with OWI.
Consequences of an OWI Arrest
If you’re arrested for OWI, you can expect serious consequences. The specific penalties will vary depending on the state, your blood alcohol content (BAC) level, and whether you have previous OWI convictions. Here are some common consequences:
Penalty | Severity |
---|---|
License suspension | Typically 90 to 1 year |
Fines | Varying amounts, often exceeding $500 |
Community service | 24 to 120 hours |
Jail time | Minimum of 30 days to a maximum of 1 year |
Ignition interlock device | May be required for a specified period |
Defending Against an OWI Charge
While it’s challenging to completely avoid OWI charges, there are ways to build a strong defense:
- Challenging the stop: If you feel the initial stop was illegal or unwarranted, your lawyer can argue that the arrest was unconstitutional.
- Contesting the tests: If you failed the field sobriety tests, your lawyer can contest the validity of the tests or argue that the tests were administered incorrectly.
- Seeking alternative evidence: If there’s insufficient evidence against you, your lawyer may seek alternative evidence, such as eyewitness accounts or chemical tests.
- Highlighting your medical condition: If you have a legitimate medical condition that affects your ability to drive, your lawyer may be able to use this information to build a defense.
Tips for Handling an OWI Arrest
When facing an OWI arrest, it’s essential to remain calm and take immediate action:
- Cooperate with the officer: Provide identification and information to the officer, but refrain from admitting to intoxication or discussing the events of the evening.
- Don’t make any statements: Avoid making any statements or signing anything without consulting with a lawyer first.
- Request a lawyer: Ask the officer to inform your lawyer of the arrest and wait for legal counsel before speaking or signing any documents.
- Submit to chemical testing: It’s usually best to comply with chemical testing, such as a breathalyzer or blood test, to get a clearer picture of your BAC level.
In conclusion, an OWI arrest is a serious situation that requires immediate attention. Understand your rights, and don’t hesitate to seek legal guidance to build a strong defense. By staying informed and taking proactive steps, you can better navigate the complex process and minimize the impact of an OWI arrest on your life.