So What's The Difference?

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So What's The Difference?

Basically, OWI does not require proof of driving, but rather being in actual physical control of a vehicle. This can happen where a driver is asleep at the wheel with the engine running, for example. Also, the legal definition of "Intoxicated" requires proof of "endangerment". The defendant's impaired condition must have presented a risk of harm to himself or others. There is no requirement to prove impairment in the per se offenses.

Other Indiana Drunk Driving Defense FAQs

Q: What Is "Dui"?
A: "DUI" is short for Driving Under the Influence. It is shorthand that most people understand, but strictly speaking "DUI" is not a crime in the State of Indiana. "OWI", … More
Q: What Are The Penalties?
A: This varies depending upon the class of misdemeanor or felony charged. Maximum fines range from $500.00 to $10,000.00, maximum imprisonment from 60 days to 8 years. … More
Q: What Is "Htv"?
A: "HTV" stands for Habitual Traffic Violator, which is what the Bureau of Motor Vehicles designates persons who accumulate several convictions of major traffic offenses, … More
Q: What Is "Post-Conviction Relief"?
A: "PostConviction Relief" or "PCR" is a legal remedy whereby a prior conviction can be set aside and you can get a new lease on life. In the traffic law context, it … More
Q: Can I Fight The Breath Test?
A: Breath testing is inherently inaccurate, because it is based on the ridiculous assumption that every person metabolizes alcohol and expels it into his breath at the … More
Q: What Are Field Sobriety Tests?
A: Field sobriety tests, "FSTs", are ways in which the police officer can establish probable cause to arrest you and offer an approved test. You must take every approved … More
Q: Should I Make A Statement To A Police Officer When I Am Stopped?
A: Never! All the officer needs to know is on your license and registration. Aside from the basic information required to establish your identity or fill out an accident … More
Q: What Are The Speed Limits In Indiana?
A: Unless Otherwise Posted Absolute Interstate 65 mph Ltd Access Rds 55 mph Other Primary Rds 55 mph Residential 30 mph More
Q: How Are Speed Limits Enforced?
A: Enforced through use of: Pacing Yes Radar Yes Vascar Yes Photo Radar No Aircraft Yes Laser No More
Q: How Can Tickets Be Paid?
A: Tickets can be paid by mail or in person.