You’re driving down the road; it’s two in the morning. You just left work after pulling a 12 hour shift. Your eyes are bloodshot; you are tired. You hit the wake-up strip (rumble strip for the technical folk) on your way home to Wherever, Indiana, on the outskirts of OWI’s are Prevalent, County. You get stopped by a cop. Are you getting stopped for an Operating While Intoxicated (OWI) — probably! Were you drinking — Nope!
You will be asked to do field sobriety tests, likely right there on the side of the road. There may be a police light shining in your eyes, while the officer is attempting to do the eye test, otherwise known as HGN. It’s dark, but the officer will request you walk in a straight line, while following certain instructions. The same flashing lights may or may not be on, and they may or may not illuminate the ground well enough to allow you to follow a straight line. Will you pass the field sobriety tests under these circumstances — maybe not…
If you take the breath test, will you pass it? If you haven’t been drinking, you should. However, there are always questions as to how old the portable breathalyzer (PBT) you are breathing into is? How many times has it been used that night? Do you have any medical issues, like diabetes? How many times do you have to breath into it in order to “provide an adequate sample?” What had you eaten or ingested prior to breathing into the PBT? Each of these questions can affect the results and land you in need of a Bloomington IN criminal defense attorney to assist you in sorting this case out. Unfortunately, going in front of a judge and telling him/her you were not drinking is not likely going to be effective in getting the case dismissed.
These are all problems real people, like you, have experienced. That’s why real people, like you, need to talk to an attorney who will talk straight. You need to speak to an attorney who will evaluate your case, based on the facts, and provide an honest and fair evaluation. Your attorney should provide you with a no nonsense assessment without sugar coating. Mistakes happen, officers make them, just like we, as human and fallible people, make them; however, you have the right to have an advocate on your side to ensure that other’s mistakes do not affect your life permanently.
Thanks to our friends and contributors from Ferguson Law for their insight into OWI’s.
*Nothing written or stated in this blog is meant to be legal advice forming an attorney/client relationship. The statements are the opinion of the blogger only.
