Michigan City OWI Defense Lawyer

Defense for Operating While Intoxicated or Operating “Per Se” Charges

A conviction for drunk driving, commonly referred to as DWI (driving while intoxicated) or DUI (driving under the influence), can seriously hinder your future and your freedom. In Indiana, drunk driving is known as operating a vehicle while intoxicated, abbreviated as OWI, and refers to the offense of having a blood or breath alcohol concentration (BAC) of 0.08 grams of alcohol or more per 210 liters of breath or 100 ml of blood while you are driving a car, truck, motorcycle, or another vehicle. 

Depending on your age, gender, weight, and other factors, this can be as little as three to five drinks or shots. Additionally, breathalyzers and field sobriety tests can be imprecise, inaccurate, or improperly administered, leading to false results. If you have been pulled over on suspicion of drunk driving, it’s vital that you contact a lawyer as soon as possible to explore your options. 

At Pejic Law, our Michigan City OWI attorney has helped thousands of clients across Porter County and the surrounding areas. Call (219) 245-7070 to schedule an initial consultation.

OWI Is a Strict Liability Offense in Indiana

If a prosecutor can prove that a person’s blood/breath alcohol concentration was at least 0.08% or greater within 3 hours of operating a vehicle, the accused may be convicted of operating “per se.”  This Latin phrase means, “by or in itself,” so even if the person appeared to be “sober as a judge,” it may not matter. 

The same logic extends to the offense of intoxication. 

The Indiana Appellate Court refers to the language in an Illinois Court of Appeals decision to come to the conclusion that OWI is a strict liability offense: “The act of driving a vehicle while under the influence of alcohol is a voluntary act in the eyes of the law, and the duty to refrain from doing so is one that in the interests of public safety must be enforced by strict criminal liability without the necessity of proving a culpable state of mind.”

In simpler terms, this means that a person accused of driving under the influence of drugs or alcohol cannot allege that they did not “mean” or “intend” to become intoxicated. The prosecution does not have to prove criminal intent or any prior knowledge on the part of the defendant to reach a conviction. 

What Is Intoxication? 

It is important to note that alcohol is not the only substance that can cause a person to become intoxicated and, therefore, can be found criminally liable under Indiana’s OWI laws. In fact, as defined by those laws, “intoxicated” can include the influence of:

• Alcohol
• A controlled substance, such as certain medications, as defined in IC 35-48-1
• A drug other than alcohol or a controlled substance
• A substance described in IC 35-46-6-2 or IC 35-46-6-3, including, but not limited to butane, freon, ether, chloroform, acetone, model glue, nitrous oxide, and more
• A combination of any of the substances described above
• Any other substance that may cause impairment, not including food or ingredients (IC 6-2.5-1-20), tobacco (IC 6-2.5-1-28), or dietary supplements (IC 6-2.5-1-16)

In this definition, the consumed substance must cause “an impaired condition of thought and action and the loss of normal control of a person’s faculties.”  This means you could be charged and convicted for OWI for taking legally prescribed medication, making it vital to strictly follow and adhere to your prescribing physician’s directions when taking any prescriptions.