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How To Contest an OWI in Indiana

Fort Wayne Attorney Defends Against OWI Charges

Experienced lawyer represents Indiana defendants in impaired driving cases

In Indiana, operating while intoxicated (OWI) is the criminal offense of driving with impaired faculties or with an unlawful alcohol or drug concentration. An OWI conviction carries serious consequences. When facing such charges, you need a strong advocate on your side. The Law Offices of Ryan E. Lackey in Fort Wayne has deep experience representing individuals in OWI cases throughout Allen County. We know how to challenge the state’s evidence, protect your rights and fight for the best possible outcome. 

What can lead the police to pull you over?

Before stopping a vehicle, police officers must have reasonable suspicion, based on observable behavior such as speeding, running a stop sign, failing to maintain a lane or driving erratically. If no reasonable suspicion existed, the legality of the stop may be in doubt and the evidence gathered may be subject to legal challenges. 

How is probable cause established for an OWI arrest?

Even if the initial stop was lawful, an officer must establish probable cause before making an arrest. Probable cause means facts and circumstances must be evident that would lead a reasonable person to believe the driver committed an OWI offense. Officers typically rely on:

  • Fieldsobriety tests — These can include horizontal gaze nystagmus, walk-and-turn, one-leg stand and other tests of balance and coordination.
  • Chemical tests — Preliminary breath tests may be administered during OWI stops, followed by certified chemical breath tests at a police station.
  • Observational/ancillary assessments — Police may base probable cause on driving behavior, odor of alcohol, slurred speech, bloodshot eyes, admissions and other contextual indicators.

If probable cause was lacking, our lawyer can move the court to suppress the evidence obtained. 

What issues can arise during an OWI stop?

OWI cases depend largely on what occurs during the traffic stop. Several issues can arise that affect the outcome of a case, including: 

  • Improper field sobriety testing — Uneven pavement or medical conditions can influence a driver’s performance and make test results less reliable.
  • Breath test errors — Breath-testing devices require regular calibration and maintenance, and a machine that has not been properly serviced may produce inaccurate readings.
  • Failure to follow testing procedures — Skipping required observation periods or other steps may affect the reliability of the results.
  • Blood testing concerns — Mistakes in the chain of custody or laboratory process can create questions about the evidence.
  • Medical or environmental factors — Health conditions or external substances may influence testing results.

If officers fail to follow legal procedures, certain evidence may be challenged and the court may determine that some evidence is inadmissible. 

What steps do you need to take to defend against OWI charges in Indiana?

The following actions are crucial to improving your ability to build a strong defense:

  • Contact an attorney as soon as possible after your arrest.
  • Allow your lawyer to review police reports, testing records, body camera footage and witness statements for possible legal issues.
  • Preserve any documents, receipts or other information related to the stop.
  • Write down everything you remember while the details are still fresh.
  • Attend all court dates and follow all legal requirements.

A careful review of the evidence can reveal procedural mistakes or constitutional violations that may affect the prosecution’s case.

Why should you hire an attorney to defend you against OWI charges?

Fighting OWI charges without legal representation can place you at a disadvantage. Indiana’s OWI laws involve detailed procedural rules, scientific evidence and constitutional protections that can affect the outcome of a case. We carefully examine every aspect of the investigation, from the reason for the traffic stop to the administration of field sobriety tests and chemical testing. We evaluate whether your rights were respected and whether the evidence can be challenged in court. We identify weaknesses in the prosecution’s case while focusing on avoiding or reducing OWI penalties whenever the law allows.

Contact an experienced Indiana OWI defense lawyer

At The Law Offices of Ryan E. Lackey in Fort Wayne, we represent Indiana drivers in OWI cases throughout Allen County. Call 260-222-7364 or contact us online to arrange a free initial consultation. 

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  • Fort Wayne Office
    1519 Spy Run Ave.
    Fort Wayne, Indiana 46805
    Phone: 260-437-0197
    Fax: 260-745-4703