Autumn is ramping up in earnest across the Midwest. And anyone who has spent even a single, solid year in this part of the country can tell you what that means: A cold, harsh winter is on its way. Because the mild days of autumn won’t last for long, it’s time to get prepared for the months ahead while Hoosiers still can. 

Indiana drivers need to familiarize themselves with how the colder months can increase their risk of being charged with an Operating While Intoxicated (OWI) offense. While OWI laws remain the same year-round, the conditions and behaviors commonly associated with winter can make these charges more likely. 

With harsher weather and more social gatherings on the horizon, autumn is the right time to think ahead about how to protect your interests as the year draws to a close and a new one begins.

Cold and alcohol don’t always mix well 

One seasonal “concern” that makes OWI arrests more common in the winter is holiday socializing. From Thanksgiving through New Year’s, most people attend family gatherings, office parties and/or celebrations that often involve alcohol. Police know this, and law enforcement agencies typically increase patrols and checkpoints during these times as a result. Even having just a couple of drinks before heading home could lead to an OWI arrest if an officer believes you are impaired.

Weather itself can also contribute to higher OWI arrest rates under certain seasonal circumstances. Snow, ice and early sunsets make Indiana roads more dangerous than they are ordinarily. Drivers who may not actually be impaired can still appear unsteady if their car slips on ice, if they brake suddenly or if they have difficulty navigating in poor visibility. These natural challenges can lead officers to suspect impairment, and once a stop is made, a situation can escalate quickly into field sobriety tests and potential OWI charges.

Cold weather can also affect the way drivers perform on roadside tests. Shivering from low temperatures, stiff movements from heavy coats and difficulty standing on icy pavement can all negatively impact balance-based tests. What might look like signs of intoxication could actually be the result of harsh conditions. 

This is one reason why OWI cases require thoughtful defense approaches. Context matters, as road conditions may contribute to the appearance of impairment and to defenses pushing back on that perception.