A DWI charge comes with serious consequences and an often confusing and intimidating legal process. While the right attorney is invaluable in navigating this process and advocating for you, doing your own research is a great first step. There are a lot of misconceptions about DWI/DUI law. Today, we’re going to debunk three myths about Indiana state drunk driving laws.
You must have a Blood Alcohol Content (BAC) of .08 or higher to be charged with a DWI/DUI
False
Even if you are at or slightly below the legal limit, you can still be charged with a DWI there are additional circumstances such as reckless driving. Having prescription or illegal drugs in your system can also lead to a charge, even if you haven’t had any alcohol.
In the case of underage drinking, those under 21 can be charged with a DWI if they have a BAC of .02 or higher
False
A .08 is still the standard for underage drinkers. However, there are separate laws and consequences regarding consumption, open containers or possession of alcohol by a minor.
If you are at or just below the legal limit, or if it is your first DWI charge, you will be treated the same way as those with a higher BAC or repeat offenders due to zero-tolerance policies
False
While a DWI charge is serious, first time offenders with a lower BAC have a higher chance of beating a drunk driving charge or obtaining a reasonable plea bargain, especially with a good attorney to represent your criminal case. Plea bargains are more likely to be obtained when there is no property damage or personal injury involved in the DWI charge.
If you are facing a DWI charge and not sure what to do next regarding your criminal case, please call today. Remember, the first telephone consult is always free.