Finding yourself in the aftermath of an OWI, or “operating while intoxicated”, it is only natural to feel scared and uncertain of what action needs to be taken next. You don’t want to accidentally do something that could, later on, harm your case. There are certain common mistakes people make after an OWI arrest in Carmel, Indiana. At Blankenship Law, LLC, we can help you avoid them.
In Hamilton County, home to Carmel, Indiana, around 19 alcohol-impaired driving deaths occurred in 2022 alone. However, this number doesn’t take into account the vast number of accidents that do not result in death, but are caused by drunk driving. Mistakes happen. Bad choices are made. When they are, you should prepare yourself with knowledge that can help you avoid certain pitfalls or incriminating behavior.
Mistakes to Avoid Making After an OWI Arrest in Carmel, IN
Being arrested is overwhelming, and it is natural to feel panicked. However, this panic can often lead individuals to make mistakes that further incriminate them, regardless of whether they’re guilty.
When you’re arrested and charged with an OWI, it is important to be aware of the common mistakes people in your position often make and how to avoid them. Common mistakes include:
- Refusing a breathalyzer test. You might think that simply refusing to take a breathalyzer test will help you avoid a conviction. However, Indiana’s implied consent laws state that refusing the test typically results in an inevitable suspension of your driver’s license. Refusing the test could also appear as an indication of guilt.
- Confessing or making statements. Following an arrest, anything you say can and will be used against you as evidence later on in your case. For this reason, you need to remain silent and wait for your attorney to arrive and help you answer questions in a non-incriminating manner.
- Failing to appear. If you fail to appear in court for a scheduled arraignment or other hearing, it can lead to a bench warrant for your immediate arrest and additional legal consequences.
- Posting on social media. Never, under any circumstances, post to social media about your OWI charge. The prosecution will use this as evidence against you to establish patterns of behavior or intent.
- Drinking and driving. This might appear obvious, but if you continue to drink and drive after the initial charge, it shows the courts that you demonstrate no kind of remorse or responsibility for past actions.
The smartest thing you can do after being arrested for an OWI in Carmel is to stay quiet and exercise your right to speak with an attorney. Any additional activity can be used against you to increase your chances of conviction.
Why Local Representation Is Your Only Option: Blankenship Law, LLC
When you’re facing an OWI charge in Carmel, you need an attorney on your side who gets how the local court system works. At Blankenship Law, LLC, before we turned our attention to defense, our lead attorney served as a local prosecutor for 17 years and tried well over 100 cases. Over those 17 years, we began to see that where the true need lay was on the other side of the courtroom.
We know that most people facing an OWI charge are not career criminals. They’re just people who have made a mistake. Let us aggressively advocate for your future while treating you with care and compassion at this difficult time. We operate under a flat-fee model when it comes to first-time DUIs and are here to meet you wherever you are.
FAQs
What Mistakes Can the Police Make in an OWI Arrest?
In an OWI arrest, there are multiple mistakes the police can make. They aren’t immune to making the wrong call or acting in a way that could land them in hot water. The most common mistakes police often make in an OWI arrest include lacking reasonable suspicion to pull you over and test you in the first place, forgetting to read you your Miranda rights during your arrest, or violating your constitutional rights.
What Are the Penalties for an OWI Charge?
For an OWI charge, a defendant can face multiple penalties, based on the exact nature of their OWI arrest. If convicted, you can likely find yourself facing:
- Jail time
- Fines
- Probation or community service
- The loss or suspension of your driver’s license
- A permanent criminal record, which could lead to a 30% unemployment rate
What Happens After an OWI Arrest?
After an OWI arrest, the police will likely bring you to the nearest jail and begin the booking process. Your car will typically be searched and towed at your own expense. If your breathalyzer results show a BAC reading of 0.08% or higher, you will likely lose your license for a set period of time. Thankfully, with the help of an experienced OWI lawyer, we can help you mitigate some of the possible consequences.
What Defenses Can Be Used for an OWI Charge?
Several defenses can be used when facing an OWI charge in Carmel. First, your attorney may be able to call into question the legality or validity of the traffic stop that resulted in your arrest and charge. We may also be able to call into question the accuracy of any field sobriety or chemical tests that were performed.
Hire an OWI Lawyer Today
If you or a loved one has been arrested for an OWI in Carmel or anywhere in Hamilton County, the team at Blankenship Law, LLC, is here to serve you. We pride ourselves on offering competent and assured legal counsel to individuals facing a wide range of criminal charges, including those related to drunk or drugged driving.
These are serious cases, even for first-time offenders, and one of the biggest mistakes often made is when individuals try to handle their OWI case alone. There is no need for this. Instead, you need to hire an OWI you can trust. Contact Blankenship Law, LLC today to schedule your initial consultation.
