Anyone who spots the flashing lights of a police vehicle behind them in traffic may worry about citation or arrest. If the driver had a drink before their encounter with police, they may worry about operating while intoxicated (OWI) charges.
Instead of a basic citation, allegations of an OWI offense can lead to misdemeanor charges. In cases involving aggravating factors, the state may pursue a felony charge against those accused of impaired driving. When does a police officer have grounds to arrest a motorist for an alleged OWI violation?
When they have proof of elevated alcohol levels
Typically, chemical testing precedes an OWI arrest. A police officer who has probable cause to suspect intoxication can ask a driver to submit to chemical testing. If the test results show that they are over the legal limit for their blood alcohol concentration (BAC), then the officer can arrest them.
For most drivers, the cutoff for a potential OWI arrest is 0.08%. Drivers with a BAC of 0.15% may be at risk of more serious charges and penalties. Those operating commercial vehicles and those not old enough to drive may be subject to stricter limits.
When a driver displays impaired ability
Some motorists assert themselves during encounters with the police. They refuse to submit to chemical testing in the hopes of avoiding criminal consequences. While that may seem like a reasonable approach, it does not necessarily protect the individual from arrest and prosecution.
Police officers can arrest drivers on suspicion of an OWI offense even when they decline to submit to chemical testing. If they failed field sobriety tests, caused a crash or drove poorly while the police officer captured video on their dashboard camera, the state could potentially use the information about the driver’s performance at the wheel to justify criminal charges against them.
Police officers might even testify about how a driver refused to submit to chemical testing to help develop the claim that they knew they were over the legal limit for their BAC. Essentially, any time police officers have probable cause to believe a driver is over the legal limit or chemically impaired, they can potentially arrest them for an OWI offense.
Understanding when the state can justify an OWI charge can help people recognize when they have the grounds to fight back. Responding assertively to pending OWI charges can help people avoid incarceration, driver’s license suspension or a lifetime criminal record.