A casual drink after work can end with OWI

It is Friday night. You decide to head to the bar to meet your friends after work. The guys are all pumped up and watching the game on the big screen TV nestled in the corner of the sports bar. Each has a beer in front of them. You order a beer from the waitress and sit down to enjoy a fun evening. Three hours later and four beers, one basket of onion rings, an extra-large plate of hot-wings, and water later you leave the bar and head to your car. You feel fine. You know you are not drunk and can drive the 15 miles to your house. About five miles from the sports bar you see blue and red lights in your rear-view mirror. Oh no, you think. The officer steps to the car and his first question is, “Have you been drinking?”. You answer him honestly and he asks you to step out of the car. You are asked to take a field sobriety test and a Breathalyzer test at the scene. You are arrested and charged with OWI (operating while intoxicated).

If you’ve been in this situation, you know all too well what an OWI on your driving record can do to you. But, do you know your rights as a citizen. It is our job at O.W.D to determine if all your rights were observed at the scene.

OWI law covers more than alcohol

The legal BAC (blood alcohol concentration) limit for a first time OWI (operating while intoxicated) offender is .08. Nearly 40% of all fatal crashes are alcohol-related and 78% of drivers in fatal OWI crashes are first-time OWI offenders.

OWI law covers more than alcohol. The legal definition is “operating while under the influence of an intoxicant, any controlled substance, any other drugs, or a combination thereof.” Driving under the influence of alcohol or drugs is illegal. It is also dangerous. Plain and simple.

If you have been arrested for OWI or have been issued a citation for Zero Tolerance, you will be required to complete a substance abuse assessment and any recommended treatment. In addition, you are required to complete an educational course for drinking drivers. Information on this and other effects of OWI will be thoroughly explained to you by one of our experienced attorneys.

Once you’ve received an OWI ticket, you need representation. You need an attorney experience with traffic law and OWI cases, which is willing to take that extra step to help with your unique case. O.W.D Lawyers have experienced attorneys on staff who are willing to go that extra mile and take every step possible to make sure your rights were not violated and get you the best possible outcome for your situation.

What is a field sobriety test?

Police departments have their own preferred field sobriety tests. The police may ask you to do several things after you have gotten out of the vehicle, such as standing on one foot for a specified time or walking a straight line. The police also may ask you to touch your nose with your index finger with your eyes closed and head back. The police may ask you to stare at a flashlight or a pen as he/she moves it in front of your face so that the officer can see how your eyes respond. If you do not pass the field sobriety tests, you could be subjected to a Breathalyzer or arrest.

O.W.D Lawyers can determine if your rights were violated during the field sobriety test. Contact us today for an assessment of your unique case.

What is the difference between a bench trial and a jury trial?

A bench trial is a trial where the judge is the sole fact-finder; that is, the judge alone makes a decision on the merits of your case after both sides have presented evidence. These trials are held daily.

A jury trial is a trial where jurors (randomly selected) listen to the evidence and make the decision on your case. These trials are heard on specific days. On the day of your jury trial, only one case is heard. This means that people often come back for several jury calls before their case works its way to the top of the docket.

What does Operating While Impaired mean?

Operating While Impaired (OWI) or Driving While Impaired (DWI), sometimes called “Drunk Driving” or “Driving Under the Influence” (DUI), means operating a motor vehicle on a public street or highway or public vehicular area with a blood alcohol content (BAC) of 0.08% or above, or while under the influence of drugs.

Why are OWI/DWI laws so vigorously enforced?

There is political and societal pressures to “do something” about drunk drivers. In 1997, according to the United States Department of Transportation, there were 16,189 alcohol-related traffic deaths, representing 38.6% of all such traffic deaths.

What are the clues police officers use when they suspect a drunk driver?

Police officers look for such things as: Turning with a wide radius; Straddling center of lane marker; “Appearing to be drunk”; Almost striking object or vehicle; Weaving; Driving on other than designated highway; Swerving; Speed more than 10 mph below limit; Stopping without cause in traffic lane; Following too closely; Drifting; Braking erratically, and many more.

I was pulled over for a bad taillight. Can I still be convicted of drunk driving?

The original cause for the officers stopping you does not have to be related to driving under the influence. Routine stops for equipment and registration compliance, such as cracked windshield, inoperative taillight, headlights not turned on, and many other reasons can constitute sufficient cause.

What is the officer looking for at the scene during an OWI/DWI stop?

The traditional symptoms of intoxication (taught at police academies) are: Flushed face; Red, watery, glassy and/or bloodshot eyes; Odor of alcohol on breath; Slurred speech; Fumbling with wallet trying to get license; Failure to comprehend the officer’s questions; Staggering when exiting vehicle; Swaying/instability on feet; Leaning on car for support; Combative, argumentative, jovial or other “inappropriate” attitude; Stumbling while walking; Disorientation as to time and place; Inability to follow directions.

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