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Indianapolis DUI Attorney Explians Intoxication
1. Intoxication Explained by an Expert
Indianapolis DUI Attorney
If you've been arrested for DUI in Indianapolis, it is highly recommended you hire an
experienced Indianapolis DUI attorney to assist you in defending your case. Having an in depth
understanding of intoxication, how it's defined and how it relates to DUI law is critical to your
case.
What are OWI, DWI, and DUI?
Operating a Vehicle While Intoxicated, Driving While Intoxicated, Driving Under the
Influence. In Indianapolis, they all refer to the same criminal offense that states it is against
the law to operate a vehicle on a public road way while "under the influence" of alcohol or
drugs. The OWI / DWI / DUI statute does not say ''driving while drunk.''
What does ''Intoxicated'' mean?
A person need not be drunk to be ''intoxicated'' but a person who is drunk must be
intoxicated.
''Intoxicated'' is defined by the DUI statute in two ways. 1) A driver is ''intoxicated'' when the
driver has a blood alcohol concentration of.08 or more in his or her body. 2) a driver is
''intoxicated'' when, through the use of an alcoholic beverage, drug, controlled substance, or
any combination thereof, he or she has lost the ''normal'' use of either ''mental'' or ''physical''
faculties.
Whose ''normal mental and physical faculties'' are we judged by, and ''what is normal?''
The ''normal mental and physical faculties'' refers to the faculties of the person who was
arrested. The term ''normal'' refers to a range of measurement of the faculties of the person
arrested. For example, ''normal'' would not be a particular point on a 12'' ruler. Rather, it is
better explained as the distance between two particular points on the ruler, e.g. between the
3'' and 9'' marks.
What is .08 blood alcohol concentration (BAC)?
Blood alcohol concentration is defined by statute as:
a. the number of grams of alcohol per 100 milliliters of blood;
b. the number of grams of alcohol per 210 liters of breath; or,
c. the number of grams of alcohol per 67 milliliters of urine.
Amounts of alcohol shown above are not equal and can result in a person being innocent in one
concentration but guilty in another. Based on the statutes, it could be possible for someone to
be considered innocent of DUI if they showed no loss of their normal faculties but still be found
guilty of DUI due to having a blood alcohol concentration of .08 or more.
The law provides that it is a crime of DUI when a person operates a vehicle, and at that time has
a blood alcohol concentration of .08 or more in their body. It is not a crime per se to have a .08
blood alcohol concentration in your body before or after you have driven. Your Indianapolis DUI
attorney will know that the time the test was taken may be relevant in determining if the person
had a .08 or more blood alcohol concentration when they were driving the vehicle.
2. The timing of the test in question may present a challenge for both the prosecution and the
defense team representing the person charged with driving under influence. A DUI chemical
test is hardly ever done at the time or immediately following driving. It is not uncommon for the
DUI chemical testing to be done 45-75 minutes after driving. In this scenario the delayed
testing will cause uncertainty, as it is very difficult to determine if the person was over the legal
blood alcohol concentration limit at the time of driving.
For more information, please visit http://www.duiindianapolis.com or call (317) 522-1953 to
schedule a free consultation.
