Many people refer to impaired driving as drunk driving. However, the state of Indiana refers to such offenses as operating a motor vehicle while intoxicated (OWI) offenses. An OWI charge may follow a car crash or a one-on-one traffic stop.
Police officers with proof that someone had too much alcohol to drink can arrest them for an OWI. Occasionally, suspicions of impairment relate to other substances rather than alcohol. The driver may admit to having used a mind-altering prescription medication or a prohibited drug before driving.
Are the penalties possible different depending on whether an OWI case involves alcohol or drugs?
The charges and penalties are essentially the same
An OWI offense can involve any sort of mind-altering substance. While the vast majority of OWI cases involve alcohol, some people face OWI charges because they failed a drug test or admitted to consuming a drug before driving.
The base charges that the motorist faces are the same. Most first-time OWI charges are misdemeanor offenses unless there are aggravating factors involved. The potential penalties are technically the same as well. A first OWI conviction can lead to up to $5,000 in fines, up to a year in jail and up to two years without a driver’s license. The penalties increase with each subsequent conviction.
The courts have to apply the same sentencing guidelines for all OWI charges based on the number of prior offenses and the presence of aggravating factors. If there are children in the vehicle or if an impaired driver causes a crash that injures or kills another person, the penalties and charges may increase in severity.
An OWI related to drugs may result in the same fines and jail time consequences as an alcohol-related OWI. It is worth noting that the social stigma attached to drug-related impaired driving is more significant than the stigma associated with drunk driving. Motorists might face harsher penalties because the courts view the offense as more serious because it involves drugs rather than alcohol.
Those responding to drug-related OWI charges may have different defense strategies available to them when compared with those fighting OWIs related to alcohol. Reviewing the situation and the potential consequences with a skilled legal team can help people decide how to respond to a drug-related OWI.