Have A Question? Search This Site:
Understanding OWI Arrests Without Breath Test Failure in Indiana
In Indiana, many people assume that failing a breath test is a requirement for being arrested for impaired driving. However, that’s not always the case. The state’s OWI (Operating While Intoxicated) laws allow officers to make arrests based on multiple forms of evidence—not just chemical test results. This means that even if a driver does not fail a breath test, an OWI arrest can still legally occur under Indiana law.
The misconception that a breath test is the deciding factor often leads to confusion and surprise during traffic stops. Drivers may believe that a “passing” result will automatically end the stop, but other observations and test results can still create probable cause for arrest.
Indiana law gives officers the authority to rely on their training, physical observations, and standardized field sobriety tests to assess whether a driver may be operating while impaired. Breath test results are one tool among many—and not always the most important. In some cases, a driver may be impaired by substances that don’t show up on a breathalyzer, such as certain prescription medications or illegal drugs.
This post explains how OWI arrests in Indiana can happen even without a failed breath test, why officers have discretion in these cases, and what drivers should understand about the process.
What “Failing” a Breath Test Means Under Indiana Law
A breath test is commonly used by Indiana law enforcement to measure Blood Alcohol Concentration (BAC). The legal limits vary based on the driver’s age and license type:
- 0.08% for drivers age 21 and older
- 0.04% for commercial vehicle drivers
- 0.02% for drivers under 21
“Failing” a breath test typically means a driver’s BAC is at or above the applicable legal limit. But in practice, a BAC reading below these limits doesn’t automatically clear a driver from further investigation. Breath tests also don’t detect drug impairment, fatigue, or other factors that may impact safe driving.
The breath test is only one part of the officer’s assessment. Even a driver who “passes” a breathalyzer may still be arrested if other evidence points toward impairment. The test result can support or refute observations, but it doesn’t override them.
Furthermore, drivers who refuse to take a breath test may face automatic penalties, including license suspension. This refusal can complicate the situation but does not prevent an OWI arrest if other signs of impairment exist.
Observations That Can Lead to OWI Arrest Without a Failed Breath Test
Police officers in Indiana are trained to look for signs of impairment beyond just a breathalyzer result. During a traffic stop, the officer may consider a wide range of behaviors and physical cues when deciding whether to arrest a driver for OWI. These observations include:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady movements or trouble standing
- Slow reaction times
- Difficulty understanding or following instructions
- Odor of alcohol or drugs
- Admission of drinking or drug use
Even if the BAC is under the legal limit, these signs may give the officer enough cause to believe that the driver is impaired. In such cases, Indiana law permits an OWI arrest based on probable cause derived from these observations.
This approach reflects the fact that alcohol affects people differently. A driver with a BAC below the legal limit may still show signs of impairment depending on their weight, tolerance, or how recently they consumed alcohol. The same applies to drug use, which may not show up on a breath test at all.
Role of Field Sobriety Tests in Supporting OWI Arrests
Field Sobriety Tests (FSTs) are another critical tool officers use during a stop to evaluate a driver’s level of impairment. These tests assess balance, coordination, and the ability to follow directions—skills that are often impaired by alcohol or drugs.
Standard FSTs include:
- Horizontal Gaze Nystagmus (HGN): Tracks eye movements while the driver follows an object.
- Walk-and-Turn Test: Evaluates balance and the ability to perform actions while listening to instructions.
- One-Leg Stand: Measures physical coordination and concentration.
A driver may perform poorly on these tests for various reasons, including fatigue, medical conditions, or nervousness. However, combined with other observations, poor FST performance can support an OWI arrest even if a breath test is below the legal threshold.
Officers are trained to use these tests in conjunction with everything else they observe during a stop. Indiana courts recognize the validity of these assessments when determining whether the arresting officer had probable cause to proceed.
Impairment From Drugs or Non-Alcohol Substances
Another reason a driver might be arrested for OWI without failing a breath test is drug impairment. Breathalyzers are designed to detect alcohol—not drugs. If a driver is impaired by substances such as:
- Marijuana
- Prescription medications
- Illegal narcotics
- Over-the-counter medications that cause drowsiness
…then a breath test may not show anything unusual. However, visible signs of drug impairment may still be present, and officers may choose to pursue a chemical test of blood or urine to confirm the presence of substances.
Indiana’s OWI laws apply broadly to any substance that impairs the ability to operate a vehicle safely. This means that even legal medications—if misused or mixed with other substances—can lead to arrest. It also means that breath test results are only a partial indicator of potential impairment.
In these cases, the arrest is based on physical signs and officer observations, with follow-up testing conducted later to confirm the presence of drugs.
Arrests Based on Refusal to Take a Test
Refusing to take a breath test in Indiana does not prevent an OWI arrest. Under the state’s implied consent law, any licensed driver who operates a vehicle on public roads agrees in advance to submit to chemical testing when lawfully requested.
If a driver refuses a breath test after being lawfully stopped and evaluated, the officer can still make an OWI arrest based on:
- Behavior and speech patterns
- Field sobriety test results
- Odor of alcohol or drugs
- Driving behavior observed before the stop
Refusal itself can result in automatic license suspension, and may be used as additional evidence in court. Officers may also obtain a warrant for a blood draw if they believe it’s necessary.
In Indiana, test refusal does not protect a driver from arrest or penalties. Instead, it often leads to parallel consequences, such as administrative license actions and continued legal proceedings.
How Probable Cause Works in OWI Arrests
Probable cause is the legal standard that allows an officer to make an arrest. In the context of OWI cases, probable cause does not require a failed breath test. Instead, it means the officer has a reasonable basis to believe the driver is impaired based on observable facts.
These facts can include:
- Erratic driving
- Visible impairment
- Performance on field sobriety tests
- Inconsistent or confusing statements from the driver
- Refusal to take a chemical test
Probable cause allows the officer to arrest the driver and begin the process of further chemical testing and legal review. Whether or not the driver is ultimately charged or convicted is determined later through evidence and legal proceedings.
The key takeaway is that a breath test result is not the sole requirement for establishing probable cause or making an OWI arrest in Indiana.
Clarifying Common Misunderstandings About OWI Arrests
Many drivers misunderstand how OWI arrests work in Indiana, especially when breath tests are involved. Here are some common misconceptions:
Myth 1: You can’t be arrested if you pass a breathalyzer.
Fact: You can still be arrested based on officer observations, field tests, or signs of drug use.
Myth 2: Refusing a breath test guarantees no evidence.
Fact: Refusal results in automatic penalties and may still support an arrest.
Myth 3: Legal medications can’t cause an OWI arrest.
Fact: Any substance that impairs your ability to drive can lead to OWI charges.
Myth 4: Only illegal drugs can result in arrest without alcohol.
Fact: Prescription and over-the-counter drugs can also impair driving and lead to OWI arrests.
Myth 5: If you cooperate and answer questions, you won’t be arrested.
Fact: Cooperation doesn’t prevent arrest if there is evidence of impairment.
These clarifications help explain why officers in Indiana have the legal authority to arrest someone for OWI even if a breath test result doesn’t show a BAC above the legal limit.
FAQ: OWI Arrests Without Failed Breath Test in Indiana
Can I be arrested for OWI even if I blow under 0.08%?
Yes. If the officer believes you’re impaired based on other observations, you can still be arrested.
Do field sobriety tests matter more than a breath test?
Not necessarily more—but they provide important evidence alongside breath test results.
Can medications cause an OWI arrest?
Yes. Prescription and non-prescription drugs can impair driving and lead to arrest.
Will refusing a breath test help me avoid charges?
No. Refusal can lead to license suspension and may still support an OWI arrest.
What if I pass both the breath test and field sobriety tests?
In most cases, that would reduce the likelihood of arrest, but officers may still proceed if they suspect drug use.
Is drug impairment tested during a traffic stop?
Not usually. Drug testing typically occurs after arrest, through blood or urine analysis.
Can I challenge an OWI arrest without a failed breath test?
You may be able to challenge it later in legal proceedings, but the arrest itself can still be valid under Indiana law.
Conclusion
In Indiana, a failed breath test is not required for an OWI arrest. Officers can rely on a combination of driving behavior, physical observations, field sobriety test performance, and signs of drug use to establish probable cause. Drivers should understand that OWI enforcement includes a wide range of factors—not just alcohol-related test results.
To better understand the full legal framework, visit our How DUI Laws Work guide. For more insight into what initiates an OWI arrest during a stop, check out What Triggers a DUI Arrest During a Traffic Stop.