DUI Vs. OWI Lafayette Indiana IN

Reader’s Question:

I have a cousin who has been charged for DUI in Lafayette, Indiana and I wanna well understand some things about it. What is the difference between DUI and OWI and what is this post-conviction relief?

Divine

Lafayette, IN

As you may well know, DUI is Driving Under the Influence and it is shorthand that most people understand, but strictly speaking, in the State of Indiana, DUI is not a crime. OWI or Operating While Intoxicated is a crime, as are certain so-called per se offenses related to having certain alcohol level in a person’s breath or blood, or controlled substances in one’s blood. OWI doesn’t require proof of driving, but rather being in actual physical control of a motor vehicle. For example, this could happen even if the driver is just asleep at the wheel with the engine running.

Post-Conviction Relief” (PCR) is a legal remedy wherein a prior conviction could be set aside and the defendant could get a new lease on life. Under the traffic law, it is often used to overturn Habitual Traffic Violator (HTV) status or to prevent a client from becoming HTV. An example is that a person may have two prior DUI convictions and one pending DUI charge. Before pleading to the new DUI charge, which would make the defendant an HTV, the DUI lawyer could try to overturn at least one prior conviction, to prevent that from happening. Your cousin may have been convicted for DUI before having an offense again in Lafayette, Indiana.

Tags: drunk driving laws, DUI, DUI lawyer