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Getting Pulled Over

police car with lights on in dark

     Getting pulled over by the police is almost never wanted, expected, or welcomed. While we should all strive to uphold the law, accidents happen, traffic citations can occur, and even OWI’s, especially during the holidays.


     The holidays can bring lots of joy and good times for people, but they can also quickly become a dangerous time if you happen to find yourself driving under the influence. It is difficult to tell if you’ve reached the legal level of impairment,anytime of year, but especially while you might be at a family or friend’s house celebrating around the holiday season. Mixing food and alcohol can be a fun time, even though it can quickly turn into an unfavorable combination. This way a person can quite easily go over the legal alcohol limit without ever realizing it and end up behind the wheel of a vehicle without giving it a second thought. The old saying is true now more than ever: “if you drink, don’t drive, if you drive, don’t drink”.


     It is always smart to be informed, educated and as up-to-date on all local rules, laws and regulations. If you get pulled over by a police officer, the state of Indiana has an implied consent law. This means that should the police officer have probable cause to suspect that you are driving impaired and pull you over, the officer can request you do a field sobriety test. If you refuse, it results in an automatic suspension of your driver’s license. Whether or not you are intoxicated, refusing to comply with a field sobriety test only ends with you going to jail and most likely, having a warrant to draw your blood.

     Another matter to be mindful of includes a change of name and what was formerly known as a DUI (driving under the influence) has now become OWI (operating while intoxicated/impaired.) Both terms mean the same thing, but the old DUI has been retired, with the new term of OWI being coined within the past couple of years. Should you be charged with an OWI, you face the possibility of a driver’s license suspension, being placed on probation, and even jail time. If you find yourself in this position, it could be very beneficial to hire or at least consult, a practiced criminal attorney.


     It is so incredibly important to be careful while operating a vehicle, at all times. Even if you are sober, the person in the lane next to you might not be. We must all be alert, aware and careful, to keep the holidays cheerful and court free! While playing monopoly with the family and sipping alcoholic beverages in the house might be fun, there are no get-out-of-jail-free-cards in real life.

     Each and every case and situation is unique, if you or someone you know find yourselves in need of legal assistance regarding an OWI, a criminal charge – misdemeanor or felony, you can always consult one of our experienced criminal law attorneys for legal advice. If you would like to schedule a consultation, you can contact our office online by submitting a Contact Form at Contact Us | The Law Offices of Eugene Mogilevsky ( or by directly calling our office at (317) 743-7958. Our attorneys practice a variety of different laws, including but not limited to, immigration law and divorce law, family law, criminal, litigation, probate, wills, intellectual property, prenuptial agreements, power of attorney and much more!

Disclaimer: This blog post is for educational and informational purposes only and is not to be taken as legal advice in any capacity. Reading this blog does not constitute or establish an attorney-client relationship.