An officer with the Indianapolis Metropolitan Police Department (IMPD) will not be facing criminal charges after he struck and killed a pedestrian while the officer, not on duty, was driving an IMPD vehicle with a .029 blood alcohol content (BAC). This incident occurred on September 24, 2015 but the decision that criminal charges would not be forthcoming was made on October 19, 2015. Presumably, the officer’s blood results came back from the Indiana Department of Toxicology clean of any controlled substances. The full story is available through the Indy Star.
This officer is extremely lucky. Had this officer had one more drink or decided to drive one hour earlier he likely would have been a .05 BAC. And if person drives with a .05 BAC in Indiana, some pretty nasty things can happen.
While everyone knows that the legal limit is .08, most people don’t realize that at .05, a person will likely be charged with a DUI / OVWI. Indiana Law says that a BAC of .05, .06 and/or .07 is “relevant evidence of intoxication.” This “relevant evidence of intoxication” will be argued by the State that the accused was intoxicated while driving.
Further, alcohol levels, at any amount, can be used to help convict a person of a DUI / OVWI if there are any controlled substances in the person’s blood, even controlled substances prescribed by a doctor. This can happen because Indiana law defines “intoxicated” as the loss of normal faculties and an impaired condition of thought and action caused by alcohol, controlled substances or a combination of alcohol or drugs.
Attorney Marc Lopez has personally handled many cases with low BACs, combined with controlled substances, leading the State to charge DUI / OVWI. These cases are tough for the State and present some pretty significant challenges. If you, or a loved one, are facing criminal charges, call attorney Marc Lopez at (317) 489-9611 or contact him by email. Attorney Marc Lopez can help you fight DUI / OVWI charges and get the best outcome for you.
