When drivers have been drinking, they can be arrested under OWI charges in Indiana. This stands for “operating while intoxicated.” If a driver has consumed enough alcohol to be legally intoxicated and impaired, they can’t safely operate the vehicle and may face serious criminal charges. It’s also worth noting that it is illegal to drive under the influence of marijuana, prescription medication or other drugs.
For most drivers in the state, the legal limit is 0.08% for blood alcohol concentration (BAC). A driver can be arrested on OWI charges even if they are under this limit, typically if police observe other evidence of impairment – i.e., if a driver caused a wrong-way accident with a BAC of 0.07%. If they exceed this limit, however, the legal system assumes impairment, and they can face charges without additional evidence.
The limit is lower for underage drivers
However, young drivers should be aware that their BAC limit is lower due to zero-tolerance laws. These laws state that an OWI charge can be given to anyone under 21 with a BAC of just 0.02%.
The idea is that underage drivers should not be drinking at all since it is illegal for them to consume alcohol. With a 0.02% limit, even a small portion of one drink could push them over that threshold. The driver may not feel impaired or intoxicated in the slightest, but they could still be arrested.
If you or a teen driver in your family has been arrested, it is important to understand all of your criminal defense options.