ACCUSED OF AN OVWI?

The Answer to 7 Questions You Need to

Know

By Attorney Mark Nicholson

Copyright © 2020 by Attorney Mark Nicholson

All rights reserved. No part of this book may be used or reproduced
in any manner without written permission of the author. Photos
courtesy of Bing photos.

© 2020 Attorney Mark Nicholson Page 1

DISCLAIMER

I intend this publication to be informational only. No legal advice is

being given, and no attorney-client relationship is created by reading
this material. If you are facing legal issues, whether criminal or civil,
seek professional legal counsel to get your questions answered.

This book is not exhaustive of all the issues, questions and

circumstances that people face when charged with driving while
intoxicated.

Mark Nicholson
Law Office of Mark Nicholson
9702 E. Washington St.
STE 171
Indianapolis, IN 46229
mark@marknicholsonlaw.com
marknicholsonlaw.com
317-667-0718

© 2020 Attorney Mark Nicholson Page 2

TESTIMONIALS
“Attorney Mark Nicholson exemplifies professionalism, integrity, honesty,
ethics, fidelity and altruism to the highest of standards. I give my
recommendation with the utmost regard.”
Sincerely, Tina. RN, BSN, MBA

--------------------------

“Mark Nicholson is a dedicated attorney that has the passion you are looking
for in representation. He excels in multiple areas of law, including criminal
and civil rights. He is focused and driven to provide clients with the best legal
help possible. Don’t think twice about contacting Mark Nicholson for your
legal needs.” A Satisfied Client

--------------------------

“Mr. Nicholson was my son’s attorney, and he was wonderful!! He was

awesome at explaining everything to us and getting dates moved and all
matters taken care of. His website was very easy to use, and he got back with
me and my son in a very timely manner. Hands down he is a 5 Star attorney!!
Thanks for getting us through our difficult time.” Mother of Former
Client

© 2020 Attorney Mark Nicholson Page 3

TABLE OF CONTENTS
Page 5: Author Introduction
Page 8: What Happens If I Am Suspected Of An
OVWI Accident?
Page 9: Can Police Lie To You?
Page 9: Do I Have To Talk To The Police?
Page 11: What Is A Standard Field Sobriety Test?
Page 12: Do I Have To Blow Into The Portable
Breath Test?
Page 12: What Is The Implied Consent Law And
The Chemical Test?
Page 13: What Are The Penalties?

© 2020 Attorney Mark Nicholson Page 4

 AUTHOR INTRODUCTION

Most people charged with Operating a Vehicle While Intoxicated

(OVWI) are average people. They are not violent criminals or
sexual predators. I am a People Helper lawyer and I like to help
people. I hope to help people get over this difficult part of their
lives so they can move on. Some people have criminal problems at
one point or another in their life, and I am no different.

It often surprises people when they or someone they know gets in

trouble. I like to help people when they are facing a legal problem.
The justice system can take advantage of people and put them in
an unfair situation. The entire weight of the government is against
them. All the resources they need to convict you are at their
disposal.

Also, there are some attorneys making promises they cannot keep
and promise you a result they cannot control.

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I am extremely qualified to defend you because I have familiarity
with courtrooms, prosecutors, and I served as Marion County
Court Bailiff. I was a Deputy State Public Defender and Marion
County Public Defender. I have served as Judge Pro Temp and I
am an Adjunct Professor at the IU McKinney School of Law.
I have handled felony and misdemeanors cases. From murder to
speeding tickets. I train other attorneys, I have appeared on TV
and radio and been interviewed by the news on multiple occasions.
I am experienced in criminal cases, civil cases, family law, personal
injury and civil rights. I have completed training on defending
OVWI cases and was an Instructor at the Trial Practice Institute
(TPI).

When you hire me to represent you, I will fight for your rights.
We will keep you informed of everything happening in your case.
Using our case management system, you can upload documents to
it. I will share documents with you. So, you can see them. I will
advise you about your legal rights, and how we might resolve this
case. I take suggestions from my clients seriously. I consider
them, even during trials. I ask my clients to take notes and write
what they think is important.

I will defend your rights and fight for you and work to get you the
best outcome. I cannot guarantee that I can get your case
dismissed or they will find you not guilty, but I guarantee that I
will fight for you. I am the attorney known for fighting against a
travesty of justice.

© 2020 Attorney Mark Nicholson Page 6

For more on my background, please visit my website at
marknicholsonlaw.com

© 2020 Attorney Mark Nicholson Page 7

1. WHAT HAPPENS IF I AM SUSPECTED OF AN OVWI
ACCIDENT?

First, an OVWI is Operating a Vehicle While Intoxicated (aka

DUI, Driving Under the Influence or DWI, Driving While
Intoxicated). In Indiana it is OVWI.

Second, if there was an accident, the police will want to know who
was involved, and who appeared to be at fault. The police will talk
to the people involved right away. They will see if there are other
witnesses. They will look to see if either driver has been drinking.
They may even check the passengers to determine if they are
under the influence of alcohol or some other illegal substance.

The police will look for bloodshot eyes, slurred speech, and an
odor of alcohol. I will point out that alcohol technically does not
have an odor. But it is common practice for the police to write in
their reports that they smelled the odor of alcohol. They will look
to see if you were unsteady on your feet, or your clothes were
disheveled.

If someone is in a serious accident and suffering from a head

injury, then they may have an unsteady walk or cannot walk, and

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officers should put that in their report.

2. CAN POLICE LIE TO YOU?

Absolutely. Police officers can lie. And it’s legal for them to do so.
You need to remember that you have the right to remain silent.
You have the right not to incriminate yourself.

3. DO I HAVE TO TALK TO THE POLICE?

You have the right to remain silent. You have no duty to tell the
police anything except your identity and to provide them with
identifying paperwork such as driver’s license, vehicle registration
and proof of insurance. If you choose to not answer the police’s
questions, do so politely. Always be polite because the in most
instances the officer will not be happy and will be very nervous.
You can let the officer know you will exercise your right to remain
silent.

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If the you have any doubts whether you were under the influence,
then the minute the police approach you should respectfully tell
them you do not want to make any further statements without an
attorney present. Do not be rude or belligerent because the officer
will not like the fact you are exercising your Fifth Amendment Right
to remain silent.

You may also ask if you are being detained or are you free to leave.
If you are free to leave, then you may want to take that opportunity
to leave the scene, preferably by walking away if you have been
drinking. If you are not free to leave but are being detained, then
you should stop talking because the police are not there to help you
but arrest you.

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4. WHAT IS A STANDARD FIELD SOBRIETY TEST?

At some point, the officer will ask you to exit your vehicle and
perform Standard Field Sobriety Tests (SFST). Field Sobriety
Tests are a quick and easy way for the police to investigate if a
person is under the influence of alcohol. The tests can be
subjective and if you fail even one of the Field Sobriety Tests, the
police will use that failure as evidence you were intoxicated. If you
decline to take the Field Sobriety Tests, then there will be less
evidence the police have against you. You have the right to
decline the Field Sobriety Tests. You may also decline the test if
you are over a certain age, have physical problems or other
physical issues that may affect your ability to complete the tests
successfully.

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5. DO I HAVE TO BLOW INTO THE PORTABLE BREATH
TEST?

After asking you to do the Field Sobriety Tests, the police will ask
you to blow into a Portable Breath Test Machine (PBT). If you
blow into the Portable Breath Test Machine and there is alcohol in
your system, the police now have additional evidence against you.
You have the right to decline the Portable Breath Test.

6. WHAT IS THE IMPLIED CONSENT LAW AND THE

CHEMICAL TEST?

Finally, the police will read you Indiana’s Implied Consent Law
and ask you to submit to a Chemical Test. This is where they put
you in a Catch-22. You have the right to refuse the Chemical
Test, there are very serious legal consequences. First, your license
will be automatically suspended for at least one year. Second,

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refusing to take the chemical test can be used against you in court
and at trial. Third, if you refuse, it is possible the police can get a
warrant to have your blood drawn by a qualified person. Cases
without the field sobriety tests, no breath tests, and no blood test
will be harder for the prosecutor to prove.

7. WHAT ARE THE PENALTIES?

For the first time OVWI cases, with no accident or injury, the
prosecutors will normally charge it as a Class C or A misdemeanor.
A Class A misdemeanor carries a penalty of up to one year in jail
and a $5,000.00 fine. The level of offense will depend on the level
of Blood Alcohol Content (BAC) and if you have had previous
OVWI convictions, if someone was injured or killed or if you had
a minor child in the vehicle. In certain situations, the charge is a
can be a felony.

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TOP 7 QUESTIONS
Those were not necessarily the top 7 questions, but they were
questions I am commonly asked.
If you find yourself or someone you know charged with Operating
a Vehicle While Intoxicated, you need an experienced
OVWI/DUI attorney.
Contact our office and we will fight for you!

© 2020 Attorney Mark Nicholson Page 14