Concert season brings thousands of people to shows throughout central Indiana each year. If you plan to have a drink at a concert, it is important to understand how operating while intoxicated (OWI) laws could affect you after the show ends.
The drive home can present legal issues that many people do not anticipate. From traffic stops to questions about vehicle control, several situations that arise after a concert can lead to an OWI investigation.
Why concert nights bring increased OWI enforcement
When you leave a packed concert, you will likely join thousands of other drivers trying to exit the area at the same time. Because of the heavy traffic, law enforcement agencies commonly increase patrols near concert venues to monitor traffic safety and enforce impaired-driving laws.
Officers may watch for driving behaviors that can lead to a traffic stop, including:
- Weaving between lanes
- Exceeding the speed limit
- Following another vehicle too closely
- Failing to signal a turn
- Driving without required headlights
A traffic stop does not require proof of intoxication. A traffic violation alone may provide a legal basis for an officer to stop your vehicle and begin an investigation.
What may happen during an OWI traffic stop
If an officer stops your vehicle after a concert, they may look for signs of impairment and may ask questions about alcohol consumption. Depending on the circumstances, the officer may request field sobriety tests or a certified chemical test.
Indiana’s implied consent law applies to drivers who use public roads in the state. A refusal to take a properly requested certified chemical test can result in a driver’s license suspension, even before a criminal case reaches a final outcome.
Why “sleeping it off” may not prevent an OWI charge
You may think that sleeping in your vehicle after a concert will prevent an OWI charge. However, when authorities believe an impaired person had actual physical control of a vehicle, they may still pursue an OWI charge. Factors that may receive attention include:
- Sitting in the driver’s seat
- Leaving the keys in the ignition
- Running the vehicle for heat or air conditioning
- Parking in a location open to traffic
Because OWI investigations do not always involve moving vehicles, sleeping in a parked vehicle does not necessarily eliminate the possibility of a charge.
Why assumptions can create legal risks
Many OWI cases begin with decisions people believe will help them avoid trouble. A driver may assume a traffic stop will not happen after a concert, or that remaining in a parked vehicle removes the risk of an OWI charge.
The legal risks are not always as clear as people expect. The circumstances surrounding a traffic stop, a chemical test request or a person’s control of a vehicle can all become part of an OWI investigation. Knowing how these situations can arise may help you better understand the legal issues that can follow a night out.