If you are arrested for Operating While Intoxicated (OWI) in Indiana and have a blood alcohol level of .08 or greater, your driving privileges will be suspended by the bureau of motor vehicles (BMV) for 180 days or until the charges have been disposed of. If you refuse to give a breath sample, your driving privileges will be suspended for one year (or 2 years if you have a previous OWI).
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The Indiana Court of Appeals has reversed a man's conviction for operating a vehicle while intoxicated causing endangerment. The court held that to convict someone of the Class A misdemeanor offense, the State must submit proof of "endangerment" beyond mere intoxication.
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New clients often tell me that they are shocked that police questioned them, searched their property, and took them to jail without reading them the Miranda Warning. Tippecanoe County drivers pulled over for DUI are given breathe tests; Purdue students suspected of visiting a common nuisance are asked if they knew marijuana was in a friend's dorm room; Purdue students suspected of minor consumption of alcohol are asked their age and to take a breathe test – all without having been read their rights.
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