In Indiana code, OWI (operating while intoxicated) is the term used for what is known in most states as DUI (driving under the influence) – both of which carry similar legal consequences. 

But those facing these consequences often find themselves wondering “what’s the difference between DUI and OWI – and what should I do if I get arrested?”

Ziemer Law can clear up any questions regarding the distinctions and similarities between an OWI arrest in Indiana and a DUI – as well as what to expect and what to do about it.

Is it OWI or DUI in Indiana?

What does OWI mean exactly?

OWI is the term used in Indiana when accusing a person of operating a vehicle while under the influence of any mind-altering substances (alcohol, drugs, etc.). OWI is a catch-all offense that can be applied even if a vehicle is not in motion as long as the person inside is intoxicated.

The difference between “driving” and “operating” allows the authorities to arrest people who are not driving. If someone is sitting in a car with the engine on under the influence of a substance, they can be charged with an OWI, even if they’re parked on their property.   “Operating” can even be applied to boats or bicycles, making Indiana a “Zero Tolerance State.”  

One can be charged with OWI for several reasons. If a driver’s body is over the legal blood alcohol concentration (BAC) they can be arrested. Most drivers over the age of 21 have a legal BAC of 0.08%, with more severe penalties if found to have a BAC of 0.15% or more, while those under the legal drinking age have a BAC limit of 0.02% and those operating commercial vehicles are allowed 0.04%.

Being intoxicated on other drugs – whether legally obtained or not – while being in a vehicle can also lead to an OWI offense if the arresting officer confirms the person inside is inebriated. 

Using breathalyzers and blood tests, authorities can determine exactly what and how much of a substance a driver has in their system. However, Indiana Implied Consent Laws make it so anyone with a driver’s license who is unwilling to submit to screening can still be charged by authorities based on other circumstances such as physical evidence, visible impairment, or any legitimate indicator.

Consequences of OWI

An OWI charge in Indiana may result in a Class A misdemeanor charge for the driver – punishable by up to one year in prison and up to a $5,000 fine – or a felony if the incident involved a fatality, severe injury, or serious property damage. Charges like vehicular homicide/aggravated manslaughter are common if an intoxicated driver is responsible for any death, possibly leading up to years of incarceration.

Anyone convicted of felony OWI is looking at 6 months to 2 1/2 or more years in jail and up to $10,000 in fines.

Furthermore, the driver may also face civil lawsuits and other consequences of that nature if they are responsible for any injuries or property damage.

Legal Defense for OWI

Operating any type of motor vehicle under the influence of alcohol, drugs, or a combination of both is a criminal offense regardless of the acronym used. If accused of OWI in Indiana, a conviction for driving intoxicated will appear on criminal records nationwide, having long-term effects anywhere in the country those found guilty choose to reside. This may lead to missed career opportunities, increased scrutiny from the law, restriction of driving privileges, severe financial burdens, and a high degree of stress.

Ziemer Law has wide-ranging experience with OWI cases, representing clients with past offenses or those arrested for the first time.

If you or someone you know has been arrested for OWI in Evansville, Vanderburgh County, or anywhere in Indiana, call or contact Ziemer Law for your free consultation today.

With a history of successful defense in OWI cases throughout Indiana, Ziemer Law’s number one concern is making sure clients get the best representation in court.  There are several ways to protect your rights – let Jay help protect them for you.

7180 Olive St
Evansville, IN 47715
(812) 568-4118
Contact

Many find themselves wondering if now is a good time to file for divorce, but Ziemer Law, LLC is seeing proceedings move forward.  In the new normal created by social distancing and increased reliance on the phone and video conferencing, proceeding with a divorce is complex but far from impossible. 

If you’re seeking to file for divorce in Indiana during the pandemic, here are a few things to consider.

Safety

The number one concern for you and your family should be safety.  If there is domestic abuse in your household, you should not hesitate in asking the court for protection orders to preserve your well-being.

Another concern may be insurance.  Any Indiana divorce attorney will tell you, if you rely on your partner’s insurance for medical care, the continuation of adequate health insurance and related costs need to be included in the cost-benefit analysis.  Out of pocket services also need to be examined as the divorce proceeds.  

Finances

Courts rely on the incomes of both parties to determine spousal and child support, but – with the economic instability caused by the COVID-19 pandemic – this is more complicated than ever.  During the outbreak, many jobs have been interrupted, reduced, or turned into virtual work from home situations, leading to vast amounts of people relying on unemployment or other government-funded programs for support.

Though this is not permanent, it has immediate and long-term effects on everyone’s well-being – especially where children are involved.  If you or your spouse are facing financial burdens because of COVID-19, now may not be the best time to file for divorce.  As parties deliberate finances, your Indiana divorce lawyer needs to take into consideration increased job instability for you or your spouse in the coming months.

Children

When children are involved, agreeing on parenting may be more challenging during the Coronavirus pandemic but it’s still just as important. A guardian’s job could affect how often that parent can see the child.  Medical professionals are working around the clock, while retail businesses are on hiatus. This can impact a parent’s time with children, requiring alternative parenting arrangements or childcare. 

There are many options for each family in determining its response to the pandemic.  Once schedules return to normal, this is an issue that can be revisited.

Property

Another practical issue common in divorce is the issue of the family home and other joint property.  Indiana courts can issue orders forcing one party to vacate the family home, however, the pandemic makes finding a new residence difficult.  It’s common for some parties to live together while a divorce is pending.

These are awkward living conditions at best.  If things become dangerous, though, contact the authorities immediately.  

Consider living arrangements before filing for divorce – especially during the pandemic

Care and Experience is Critical

Ziemer Law, LLC understands that in these uncertain times families need an attorney with care and concern for a family’s well-being who is willing to work hard to reach an agreement that works for our clients.  Whether in need of a protection order, advice on timing a divorce, or simply want to speed up the process, Jay Ziemer can provide you with sound guidance. 

Experienced with success in family court all over Indiana, Jay’s number one concern is making sure his clients get the best representation in any court.  There are several ways to protect your family – let Jay help protect them with you.

7180 Olive St
Evansville, IN 47715
(812) 568-4118
Contact