What is an OWI Arrest?
Operating While Intoxicated (OWI) is a serious offense in the United States, and an OWI arrest can have significant consequences for those who are charged. In this article, we will explore what an OWI arrest is, the legal definition of OWI, the penalties associated with an OWI conviction, and the process of an OWI arrest.
What is an OWI Arrest?
An OWI arrest occurs when a person is stopped by law enforcement and suspected of driving while under the influence of alcohol or drugs. The arresting officer will typically conduct a series of tests to determine whether the individual is impaired, including field sobriety tests and a preliminary breath test (PBT). If the officer has probable cause to believe that the individual is impaired, they will arrest the person and take them into custody.
Legal Definition of OWI
The legal definition of OWI varies from state to state, but generally, it is defined as driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs. In most states, the legal limit for blood alcohol content (BAC) is 0.08%. However, some states have lower BAC limits for commercial drivers, such as truck drivers, or for drivers under the age of 21.
Penalties for an OWI Conviction
The penalties for an OWI conviction vary depending on the state and the individual’s prior criminal history. In general, the penalties for an OWI conviction include:
- Fines: ranging from $500 to $5,000 or more
- Imprisonment: ranging from 1 day to 1 year or more
- License suspension: ranging from 30 days to 1 year or more
- Ignition interlock device: a device that requires a driver to provide a breath sample before starting the vehicle
- Community service: ranging from 10 to 100 hours or more
Process of an OWI Arrest
The process of an OWI arrest typically involves the following steps:
- Initial Stop: The police officer stops the vehicle and approaches the driver.
- Field Sobriety Tests: The officer may ask the driver to perform field sobriety tests, such as walking a straight line, touching their nose, or reciting the alphabet.
- Preliminary Breath Test (PBT): The officer may ask the driver to provide a breath sample using a PBT device.
- Arrest: If the officer has probable cause to believe that the driver is impaired, they will arrest the person and take them into custody.
- Booking: The arrested person will be taken to the police station and booked, which includes taking their fingerprints, photograph, and recording their personal information.
- Bond: The arrested person may be released on bond, which is a financial guarantee that they will appear in court.
- Court Appearance: The arrested person will be required to appear in court to face charges.
Types of OWI Offenses
There are several types of OWI offenses, including:
- First-time OWI: This is the most common type of OWI offense, and the penalties are typically less severe than for subsequent offenses.
- Second-time OWI: The penalties for a second-time OWI offense are typically more severe than for a first-time offense.
- Third-time OWI: The penalties for a third-time OWI offense are typically the most severe, and may include imprisonment.
- Aggravated OWI: This type of OWI offense occurs when the driver’s BAC is 0.15% or higher, or when there is a child under the age of 16 in the vehicle.
Defenses to an OWI Charge
There are several defenses to an OWI charge, including:
- Invalid Stop: The police officer may have stopped the vehicle without probable cause.
- Invalid Arrest: The police officer may not have had probable cause to arrest the driver.
- Improper Testing: The field sobriety tests or PBT may have been administered improperly.
- Medical Condition: The driver may have had a medical condition that caused their symptoms, rather than intoxication.
- Procedural Errors: The police officer may have made procedural errors during the arrest, such as failing to read the driver their rights.
Conclusion
An OWI arrest is a serious offense that can have significant consequences for those who are charged. It is important to understand the legal definition of OWI, the penalties associated with an OWI conviction, and the process of an OWI arrest. If you or someone you know has been arrested for OWI, it is important to seek the advice of an experienced attorney who can help you navigate the legal system and defend your rights.
Table: OWI Penalties by State
| State | Fine | Imprisonment | License Suspension | Ignition Interlock Device |
|---|---|---|---|---|
| Alabama | $500-$2,000 | 1-5 years | 90 days-1 year | Yes |
| Alaska | $1,000-$10,000 | 1-5 years | 30 days-1 year | Yes |
| Arizona | $1,000-$2,500 | 1-4 years | 90 days-1 year | Yes |
| Arkansas | $500-$5,000 | 1-2 years | 30 days-1 year | Yes |
Note: The penalties listed above are general and may vary depending on the specific circumstances of the case. It is important to consult with an attorney to determine the specific penalties associated with an OWI conviction in your state.
