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OPERATING WHILE INTOXICATED
If you have been accused of drunk driving, and you don't believe you were intoxicated or you want an analysis of the State's evidence against you, you should contact an attorney. If you signed a plea agreement, it may not be too late to change your plea to "Not Guilty.". If you didn't sign anything, all the better. Remember, even old convictions are subject to challenge.
A conviction for operating a motor vehicle while intoxicated entails both criminal penalties and mandatory license suspensions. The criminal penalties and license suspensions become increasingly severe as the number of offenses increase. For example, a 90-day license suspension is typical for first time offenders, but three convictions within five years of one another results in a mandatory 10-year suspension.
It is legal to drive while feeling the effects of alcohol, provided that the driver is over 21 years of age, is not legally intoxicated, and does not have a blood alcohol content (BAC) greater than 0.08. Being caught driving while intoxicated does not automatically lead to a conviction. Cases must be dismissed if the arresting officer did not have a reasonable basis for suspecting a driver is intoxicated. For example, pulling someone over just because he is leaving a tavern is not considered reasonable, and should not lead to a conviction even if the driver turns out to be drunk. It is up to the driver's attorney to file the appropriate motions. Indiana Code Section 9-30-2-2 requires judges to throw out drunk driving cases if the arresting officer is not in uniform or in a marked car.