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Regardless of what you might think, a conviction for operating a vehicle while intoxicated is not a minor traffic offense, it is a criminal conviction and it will be part of your permanent criminal record. The offense generally is charged as a class A misdemeanor. A class A misdemeanor is punishable by up to 1 year in prison and a $5,000 fine. A class C misdemeanor is punishable by up to 60 days in jail, and a $500 fine. Furthermore, if it is your 2nd offense within 5 years, or if there is an accident involving serious bodily injury, it may be charged as a class D felony which is punishable by ½ to 3 years and a $10,000 fine. Additionally, if you accumulate 3 convictions within a 10 year period, you may lose your license for 10 years. (This is not an all-inclusive list of the possible penalties). Accordingly, if you are arrested for operating a vehicle while intoxicated, even if it is your first offense, it is very important that you contact an attorney immediately. Smock and Etling has vast experience in handling alcohol and drug related arrests and especially driving while intoxicated cases. The firm believes that it is important that you know what to expect if you are pulled over and are suspected of driving under the influence of alcohol. First and foremost, the State must have a reasonable suspicion that you are intoxicated, or that you have committed some other crime or infraction prior to pulling you over. Usually, the officer will state that you drove left of center, swerved or committed some other traffic offense in order to justify stopping your vehicle. The officer will then approach your vehicle. If he thinks he smells alcohol, or observes your eyes to be watery or bloodshot, or possibly that your speech is slurred, he can ask you to exit the vehicle. The officer will be watching closely to see what difficulty you have exiting vehicle and also will note that as evidence of intoxication. Normally, once the driver is out of the vehicle, the officer will ask him to perform several field sobriety tests. These may consist of the walk and turn, finger to nose, one leg stand, horizontal gaze nystagmus, backward count, or finger count. You will be expected to follow the directions of the officer and perform the tests as instructed. The officer will reflect your failure to follow the officer’s instructions or failure to satisfactorily complete the field sobriety tests in his report, and, again he will attempt to characterize this evidence as evidence of intoxication, in order to attempt to establish probable cause for your arrest. After completing the field sobriety tests, the officer will probably request that the driver submit to an alcosensor / portable breathalyser test. This test result is not admissible as evidence of intoxication at trial, however the result may be used against the driver in order to establish the probable cause necessary to have the driver transported to the police station and submit to an admissible breath test, and in some cases, to the hospital for a urine or blood test. In Indiana, if your blood alcohol content registers .08 or more, the law considers this as prima facie evidence of intoxication. Additionally, even without a BAC result, you may be convicted of a Class A Misdemeanor if State proves beyond a reasonable doubt that you were intoxicated at the time you operated a motor vehicle. It is also important to know that Indiana implied consent law provides for an automatic one (1) year license suspension if you refuse to submit to a breath, blood or urine test to determine your BAC, if it is suspected that your are operating a vehicle while intoxicated. Implied consent means that when you operate a motor vehicle in Indiana, you impliedly consent to submit to a chemical test. Again, remember that operating a vehicle while intoxicated is a criminal offense with serious consequences. You will have a criminal record if convicted, so please consult with an attorney before going to court.
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