Most people know that .08 is the legal limit for alcohol in Indiana.

So what happens if your breath or blood test comes back below .08?

Can you still be charged with OWI?

Yes.

A BAC below .08 does not automatically prevent an OWI charge in Indiana.

Why .08 Is Not the Only Thing That Matters

Indiana law has a BAC-based offense for operating with an alcohol concentration of at least .08.

But Indiana also separately makes it illegal to operate a vehicle while intoxicated.

That distinction matters.

Someone can potentially be accused of operating while intoxicated even when the chemical test result is below .08.

Indiana defines intoxication based on impairment of thought and action and the loss of normal control of a person's faculties.

In other words, the State may rely on more than the BAC number.

What Other Evidence Can Police Use?

If the BAC is below .08, the officer's observations may become especially important.

That can include:

• How the person was driving
• Odor of alcohol
• Bloodshot or watery eyes
• Slurred speech
• Balance problems
• Field sobriety tests
• Statements about drinking
• Difficulty following instructions
• Body camera or dash camera footage

Indiana courts have recognized several of these types of observations as evidence that may be used to establish impairment.

That is why a below .08 OWI case often requires looking carefully at the entire investigation.

Why Video Evidence Can Matter

Imagine the police report says someone appeared highly intoxicated.

Then the body camera shows that person speaking clearly, walking normally, following instructions, and interacting appropriately.

That could matter.

The opposite can also be true.

Video may support what the officer wrote in the report.

Either way, body camera and dash camera footage can be important because they allow the actual stop and investigation to be compared with the written report.

What About Drugs or Prescription Medication?

OWI cases are not limited to alcohol.

Indiana's definition of intoxication can include alcohol, controlled substances, other drugs, or combinations of substances when they cause the required level of impairment.

So someone could potentially face an OWI allegation even without an alcohol BAC of .08 or higher.

The question again becomes whether the State can prove intoxication.

Does Being Under .08 Mean My Case Will Be Dismissed?

No.

But it also does not mean the remaining evidence should simply be accepted without review.

Important questions may include:

• Why was the vehicle stopped?
• What driving behavior was actually observed?
• What does the video show?
• How were the field sobriety tests performed?
• What did the driver say?
• When was the chemical test performed?
• Do the officer's observations match the available footage?
• Is there another explanation for the behavior being described?

The number is important.

It is just not the entire case.

What About a Below .08 OWI in Whitley County?

In our experience, Whitley County takes OWI cases seriously.

You should not assume that being below .08 means the case will simply disappear.

At the same time, a below .08 case should still be evaluated based on the evidence the State actually has.

That includes the traffic stop, officer observations, video, field sobriety testing, chemical testing, and everything else surrounding the arrest.

Charged With OWI in Whitley County?

At Baber & Baber, P.C., we help clients in Whitley County and Northeast Indiana understand their OWI charges, review the evidence, address license issues, and determine what options may be available.

We help keep you driving legally while fighting your OWI/DUI.

If you were arrested for OWI, even with a BAC below .08, call us at 260.244.4422 (Phones answered 24/7) or send us a message online by clicking here.