Beat the Hangover: How to Drink Smartly this New Year’s Eve

Posted on December 28, 2022 by admin

As the holiday season is upon us, many of us are looking forward to celebrating New Year’s Eve with friends and family. However, it’s important to remember that drinking responsibly is key for a safe and fun night out. From avoiding driving under the influence (DUI) to limiting your alcohol intake, here are some tips on how you can drink smartly this New Year’s Eve so that you can enjoy your night without any regrets or hangovers.

Call 317-636-7514 to Speak With a DUI Attorney in Indianapolis.

How to Drink Responsibly on New Year’s Eve

New Year’s Eve is a time for celebration, but it should also be a time for responsibility and safety. Every year, many people choose to celebrate with alcohol, but too often these celebrations end in tragedy due to drunk driving or other dangerous activities. This New Year’s Eve, make sure that you drink smartly by following some simple rules: always have a designated driver if you plan on drinking; never get behind the wheel of a car after consuming alcohol; and remember that drinking can impair your judgment and put you at risk of harm. Responsible alcohol consumption is key to having an enjoyable New Year’s Eve while keeping yourself safe from getting a DUI or any other potential dangers.

Here are some more responsible drinking tips to get you through the holiday season and safely into 2024:

1. Set a Limit: Before you start celebrating, set yourself a limit on how much alcohol you intend to drink for the evening. This will help ensure that you don’t overdo it and end up in an uncomfortable or even dangerous situation.

2. Alternate Drinks: Alternate each alcoholic beverage with a glass of water or a soft drink. This will help keep you hydrated throughout the night and reduce your chances of getting too drunk, too fast.

3. Slow Down: Don’t be tempted to drink quickly and try to pace yourself by sipping your drinks slowly. Allowing yourself time to absorb the alcohol in your system will help your body cope and reduce the risk of getting too drunk.

4. Eat Something: Eating something before or during drinking will help to slow down the rate of absorption of alcohol into our bodies, reducing its effects. That way, you can enjoy your drinks with fewer dizzying effects. With this helpful tip in your back pocket, you’ll be able to cheer and celebrate just that much longer.

5. Don’t Drink & Drive: Drinking and driving is a major no-no, so if you’re planning to drink, make sure you have a designated driver or use public transport. Alternatively, call a cab and make sure you get home safe and sound.

By following these tips, you can enjoy your New Year’s Eve in style but still be responsible about it. With these simple steps, you can make sure you have a fun and safe night out, where the only hangover you’ll be dealing with is from staying up too late! Cheers to that!

What to Do After a New Year’s Eve Arrest in Indianapolis

New Year’s Eve is a time to celebrate with family and friends, but unfortunately it can also end unexpectedly if you are arrested. If you are facing charges after being arrested New Year’s Eve in Indianapolis, the most important thing to do is contact a trusted and skilled criminal defense attorney in Indianapolis. An experienced crime lawyer can help you understand your rights and handle any legal repercussions of the arrest, whether detained for drunk driving, drugged driving, drug possession, assault, or even a probation violation. They will be able to counsel you on what the best repercussions are for your situation and get through this challenging time as smoothly as possible. It’s important to remember that every region has its own laws, so finding a qualified Indianapolis criminal defense attorney is essential when navigating New Year’s Eve-related legal issues.

Trust only the best and most aggressive criminal litigators when it comes to avoiding the maximum penalties for your charges. Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. Schedule a meeting with us either by phone or in person at our law office, based conveniently in Downtown Indy.

5 Things You Need to Know if You are Charged With DUI in Indiana

Posted on November 25, 2022 by admin

If you are charged with DUI in Indiana, it’s important to understand the consequences and how to fight the charge. Here are five things you need to know.

Call 317-636-7514 to Speak With a Licensed Drunk Driving Lawyer in Indianapolis Indiana.

What Happens During a DUI Arrest

When a driver is pulled over on suspicion of driving under the influence (DUI) in Indiana, the officer will likely ask them to perform a series of field sobriety tests. If the driver fails these tests, or if the officer has other evidence that the driver is impaired, the driver will be arrested and taken to a local police station or jail. At the station or jail, the driver will be booked and have their mugshot taken. They will then be asked to provide a sample of their breath or blood for testing. If the test results show that the driver was above the legal limit, they will likely be charged with DUI. Depending on the severity of the offense, they may also face additional charges such as reckless driving or vehicular homicide.

How to Fight a DUI Charge

If you are arrested for DUI in Indiana, it is important to know how to fight the charge. There are a few things you can do to increase your chances of getting the charge dismissed or reduced. One of the most important things is to have a strong defense strategy. You should work with a licensed Indianapolis IN DUI lawyer who can help you build a case and advise you on the best way to plead.

You may also want to consider hiring a private investigator to gather evidence that could help your case. If there is evidence that the arresting officer made errors or collected evidence illegally, your lawyer may be able to use this information to get the charge reduced or dismissed. Finally, it is important to stay calm and polite during the arrest and booking process. This will not only make it easier for your lawyer to help you, but it will also show the court that you are taking the charges seriously.

The Consequences of a DUI Conviction

A DUI conviction can result in a number of consequences, including fines, jail time, driver’s license suspension, and community service. The fines associated with a DUI conviction can be significant and may include court costs, probation fees, and restitution to victims. You may also receive an increased insurance premium or the suspension of your driver’s license. Depending on the severity of the offense and state laws, you could face jail time for a DUI conviction. Jail time typically varies from a few days up to a year but may be extended depending on prior convictions. Additionally, you may be ordered to serve community service hours in lieu of or in addition to jail time.

After your conviction, the court may require that you attend and pay for DUI classes or an alcohol education program. You may also be required to install an Ignition Interlock Device (IID) in your vehicle, which requires a breath sample every time you start the car and monitors your driving. In addition, all of these consequences will be reflected on your criminal record, which could limit your employment opportunities or prevent you from being approved for certain types of housing.

How DUI Charges Can Impact Your Life

If you are arrested for DUI, it can have a significant impact on your life. You may lose your driver’s license, have to pay expensive fines, and even go to jail. A DUI conviction can also make it difficult to find a job or get into college. If you are facing DUI charges, it is important to seek legal assistance. An experienced attorney can help you navigate the legal process and protect your rights.

Expunging a DUI From Your Criminal Record

If you are convicted of a DUI, you may be able to get the conviction expunged from your record. However, this process can be complex and may require the assistance of an Indiana expungement attorney.

If you are arrested for DUI in Indiana, it is important to seek legal representation as soon as possible. Contact Attorney David E. Lewis at 317-636-7514 to schedule a free consultation with a licensed DUI lawyer in Indianapolis, Indiana. We can start working on your case TODAY.

What are the Penalties for Public Intoxication in Indiana?

Posted on October 26, 2022 by admin

Halloween weekend is coming up! Are you prepared to celebrate safely?

Responsible drinking is all about making sure that you drink alcohol in a way that doesn’t put your health or safety at risk. It also means not drinking so much that you end up harming yourself or other people. But this time of year, social gatherings and celebrations are on the rise, as is the case with alcoholic libations. If you plan to hit the town this Halloween weekend, be sure you are prepared to drink safely and responsibly. Even if you don’t drive, being drunk in public in Indiana can get you arrested.

Continue below to learn what might happen if you are arrested and charged with public intoxication on Halloween, plus some important tips for responsible drinking.

Public Intoxication Lawyer Indianapolis Indiana 317-636-7514

Indiana Public Intoxication Charges Should Not Be Taken Lightly

Public intoxication is a criminal offense in Indiana. The law defines public intoxication as being in a public place while intoxicated to the point that you may endanger yourself or another person. The penalties for public intoxication depend on whether it is your first offense or if you have been convicted of the offense before.

► First Offense: You can be fined up to $500 and/or imprisoned for up to 60 days.

► Second Offense: You can be fined up to $1,000 and/or imprisoned for up to 180 days.

► Third+ Offense: If you are convicted of public intoxication three or more times, you can be fined up to $10,000 and/or imprisoned for up to one year.

In addition to the criminal penalties, you may also be required to complete an alcohol or drug treatment program. If you are convicted of public intoxication, it will also go on your criminal record. This can make it difficult to find a job, rent an apartment, or get approved for loans.

If you have been charged with public intoxication in Indiana, it is important to contact an experienced Indianapolis criminal defense attorney as soon as possible. A criminal lawyer can review the facts of your case and help you understand your options. They can also negotiate with prosecutors on your behalf and work to get the charges reduced or dismissed.

Tips For Drinking Responsibly Over the Holidays

There are a few key things to remember if you want to drink responsibly:

🎃 Drink slowly and have plenty of non-alcoholic drinks in between alcoholic ones

🎃 Avoid rounds of drinks or ‘shouts’, as these can lead to you drinking more than you intended

🎃 Don’t drink on an empty stomach – food will help slow down the absorption of alcohol into your system

🎃 Know your limit and stick to it

🎃 Don’t drink if you’re taking medication that could interact with alcohol

If you follow these simple guidelines, you’ll be well on your way to drinking responsibly and reducing the risks associated with alcohol consumption. So, have a safe and happy holiday season!

Were you or a loved one arrested over the Halloween weekend? Do not try to handle your case on your own, hire a private lawyer today. Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

You Have 10 Days to Protect Your Indiana Drivers’ License After an OWI

Posted on September 14, 2022 by admin

Were you just let out of jail after being arrested for drunk driving or intoxicated driving? If so, beware. A licensed criminal defense lawyer (not a public defender) only has 10 days to save your driving privileges in Indianapolis, so get on the phone and call a trusted DUI attorney in Indiana, today!

Don’t let an OWI arrest hold you back from reliable transportation when it does not have to. After all, your income matters more now than it ever has before, and a vehicle is a reliable way to get back and forth from work. And being in trouble with the law is not cheap, especially if you face jail time. You might also have children in need of transportation to and from daycare, school, and activities.

Continue below to learn how to protect your drivers’ license in Indiana after being arrested on inebriated driving charges in Indianapolis.

DUI Attorneys Indianapolis Indiana 317-636-7514

Specialized Driving Privileges (SDP)

Were you recently arrested on a drink driving charge in Indiana? If you didn’t refuse a chemical test, and it hasn’t been 10 days since the arrest, you may qualify to have your driving privileges saved from suspension! What was once called a “hardship” or “probationary” license is now referred to a “specialized driving privileges” (SDP) in Indiana.

It is vital to call Attorney David E. Lewis as soon as possible following an OWI charge in Marion County to see if you have a chance at being granted specialized driving privileges. Depending on several factors, a judge can choose to grant a wide spectrum of driving authorizations for an offender. They may only allow a person to drive to and from school or work, or simply allow offenders to drive during specified times of the day. They may also assign an ignition interlock device on their vehicle to prevent future intoxicated driving if they are a habitual offender.

How to Reinstate a Drivers’ License After a DUI

Contact the Law Office of David E. Lewis at 317-636-7514 to learn more about your Indianapolis drunk driving charges, including how to reinstate your drivers; license, how to avoid the maximum penalties for your crime, and more. Our Indianapolis IN criminal defense law firm offers a wide range of criminal defense, from OWI charges and drug possession charges to felony crimes, misdemeanor crimes, white collar crimes, criminal record expungements, and more. You can count on our aggressive representation to preserve your rights and protect your freedoms after being arrested for drunk driving or drugged driving in Indiana.

How to Get Started With a Meeting

Are you worried about your driving privileges and pending DUI criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned DUI defense lawyer in Indianapolis, Indiana. We also represent defendants charged in Indiana but who live in another state.

Have You Been Charged With Felony Drunk Driving in Indiana?

Posted on September 6, 2022 by admin

Felony drunk driving or intoxicated driving charges are very serious in Indiana. Be sure you have the aggressive and reputable legal representation you need in order to protect your rights and preserve your freedoms. Continue below to learn how to get the best possible outcome after being charged with a felony DUI in Indianapolis and its surrounding counties.

Drunk Driving Felonies are Serious in Indiana

Second and third DUI offenses, or multiple DUI offenses are classified as various Levels of Felonies in Indiana. Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder. Level 6 felony crimes are the least serious type of felony, and are commonly referred to as “wobblers” since they can most often be reduced to Class A Misdemeanors. Level 6 felonies are punishable up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties. Level 1 and 2 felony crimes are the most serious levels, excluding murder. Each level of felony is assigned a separate statute regarding penalization.

You Can Face Felony DUI Charges If:

■ You Have a Prior DUI Conviction/s within the Past 5 to 10 Years
■ You Have Two Prior DUI Convictions
■ You Have Three Prior DUI Convictions
■ You Receive a Fourth DUI Charge
■ DUI Involving Manslaughter
■ DUI Involving Child Endangerment
■ Fleeing from the Scene of the Crime
■ DUI Involving Severe Property Damages
■ DUI Involving Bodily Harm to Another Person

How to Get Ahead of Felony Drunk Driving Charges in Indiana

People make mistakes, and just one extra glass of Cabernet can put a person over the set 0.08 BAC state alcohol limit. More significantly, a drunk driving charge is always serious, but pair a DUI with additional aggravated offenses or prior convictions, and you have a DUI felony on your hands. These types of DUI charges can be very difficult on you and your family and create a troubling ripple effect on your life and future.

Not only do you face jail time, but you can also lose your driving privileges, child custody, student aid benefits, employment, job promotions, and more. It is critical to have the guidance and knowledge of a skilled Indiana DUI criminal defense lawyer on your team to prevent your constitutional rights from being violated. DUIs exclude no one, but a tough drunk driving lawyer can exclude you from jail time and other harsh drunk driving penalties if you choose the right one.

Hire an Aggressive and Experienced DUI Lawyer in Indianapolis

Here at the Law Office of David E. Lewis, we offer free initial consultations, so there are never any out-of-pocket fees to discuss the best strategies for your criminal defense. As a longtime professional in the industry, Attorney David E. Lewis has what it takes to build a strong and impactful defense on your behalf. He never uses confusing legal jargon, which ensures that you fully understand everything you need to know. David E. Lewis Attorney at Law will instantly begin building a strong and aggressive defense on your behalf in order to preserve your freedoms and obtain the best possible outcome in court.

Are you ready to get started with a free consultation to meet Attorney David E. Lewis? Contact us at 317-636-7514 to schedule a meeting with a DUI felony lawyer in Indianapolis you can trust. Our law firm also offers Indiana criminal record expungement and appeal representation.

Using Auto Brewery Syndrome For DUI Defense

Posted on August 23, 2022 by admin

If you are pulled over while driving, and the cop believes they smell alcohol on your breath, you will likely be asked to take to a breathalyzer test. This device measures and computes the amount of alcohol on a person’s breath. When you pass the breathalyzer test, you are generally free to go; however, if you do not pass the test, your car will be towed and impounded while you are arrested for a DUI (driving under the influence) and taken to jail.

Drunk driving charges, also known as DWI’s (driving while intoxicated) and OWI’s (operating while intoxicated), can lead to heavy fines, strict and mandatory probation and court orders, loss of driving privileges, and even jail time. But what if you fail the breathalyzer even though you haven’t had anything to drink? Perhaps you have Auto Brewery Syndrome.

Continue reading to learn more about this syndrome and what to do if you or a loved one is facing OWI charges right now.

DUI Attorney Indianapolis Indiana 317-636-7514 — Those with Auto Brewery Syndrome retain excessive quantities of yeast in their digestive system.

What is Auto-Brewery Syndrome?

Many Americans are not even aware that Auto Brewery Syndrome exists, but it can cause a person to fail a mechanical breath test. Basically, it is a disorder that causes a person to have an abundant amount of yeast in their digestive system. Large amounts of yeast can produce ethanol in quantities that can actually lead to intoxication. You could say that a person who suffers from this syndrome has a stomach that brews its own beer. Therefore, the syndrome can trick an officer into thinking a person has consumed alcohol even though they haven’t.

Not only do those with Auto Brewery Syndrome produce large amount of yeast, but they can also add to their yeast reserves by consuming foods and beverages that contain yeast. This includes wine, bread, tortillas, pitas, crackers, pizza crust, and more. Adding to the amount of yeast in their digestive system can also contribute to failing a breathalyzer.

Common Symptoms of Auto Brewery Syndrome:

▷ Dry Mouth
▷ Hangovers
▷ Dizziness
▷ Disorientation
▷ Depression
▷ Anxiety

There are several other health conditions that can contribute to falsely failing a breathalyzer test. Talk to your primary care physician if you are concerned that you may suffer from too much yeast or ethanol in your system. If you are facing criminal charges for a DUI, be sure to hire an experienced criminal defense attorney to avoid being sentenced to the maximum penalties for your crime.

Are you currently facing drunk driving criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive DUI defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your OWI charges.

Your Next Step After Being Charged With Drunk Driving Vehicular Manslaughter

Posted on July 13, 2022 by admin

Drunk driving is illegal for a very good reason. Vehicles, after all, are comparable to a 3,000 pound missile at speeds as low as 10 miles per hour. Under that, they are still heavy machinery that can cause a devastating amount of damage or bodily injury. Many drunk driving accidents result in the fatalities of other innocent drivers, passengers, and pedestrians. Such accidents generally lead to a DUI vehicular manslaughter charge against the intoxicated driver. As a type of homicide crime, vehicular manslaughter is a very serious criminal charge that can end with long lasting consequences, including a lengthy stint in prison.

If you are facing drunk driving vehicular manslaughter in Indiana, continue below to learn the most valuable and critical step you need to take to avoid the maximum penalties for your charges.

Vehicular Manslaughter Lawyer Indianapolis Indiana 317-636-7514

Homicide and Involuntary Manslaughter

DUI vehicular manslaughter is a homicide and occurs when a person operates a motor vehicle while intoxicated, and in doing so, unintentionally causing an accident that kills another person. Although it is not considered murder since it was not a deliberate, malicious, or premeditated act, the offense is categorized as a homicide because a person loses their life.

There are different types of homicides, including involuntary and voluntary manslaughter, reckless homicide, negligent homicide, and vehicular homicide.

A homicide is not always a crime, as is the case with self-defense. Criminal homicide, on the other hand, is causing the death of another, either by means of negligence, such as drunk driving, or willful intent, such as spontaneously killing a person that you catch sleeping with your spouse. This would be charged as voluntary manslaughter, which is aptly called the heat of passion crime.

Vehicular Manslaughter Laws

Vehicular manslaughter laws are divided into 3 distinct levels: vehicular manslaughter, vehicular homicide, and aggravated vehicular homicide. Vehicular manslaughter is when a driver causes the death of another person or their unborn child as a result of a misdemeanor traffic violation. Vehicular homicide is the same as vehicular manslaughter, but in two specific scenarios: as a result of driving negligence or speeding through a construction zone.

Aggravated vehicular homicide is also the same as vehicular manslaughter, but in three specific scenarios: as a direct result of A) operating a vehicle while intoxicated; B) operating a vehicle recklessly; or C) committing a reckless traffic offense in a construction zone.

DUI Manslaughter Charges and Penalties

Drunk driving vehicular manslaughter is charged as an involuntary manslaughter homicide, which is a DUI felony offense. Upon conviction, a defendant can be punished by up to 6 years in prison, with an advisory jail sentence of 3 years, plus suspended drivers’ license for 2 to 5 years and fines up to $10,000.

If you have been charged with drunk driving manslaughter, your next step is the most important one you will make in your life: hire a skilled and experienced Indiana criminal defense lawyer for aggressive DUI defense. They can preserve your rights and protect you from the maximum sentence.

Are you worried about your pending DUI charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned DUI lawyer in Indianapolis, Indiana who will put your mind at ease with a strong and impactful defense. We also represent defendants charged in Indiana but who live in another state.

Are Breathalyzers Reliable at Proving Intoxication?

Posted on May 20, 2022 by admin

Breath testing has been the most common method of investigating and confirming a person’s blood alcohol concentration (BAC). Law enforcement and similar authorities typically use handheld electronic devices known as breathalyzers to test an individual’s breath and obtain a BAC reading. But are these breath testing devices actually reliable? Are they accurate? Do they really prove intoxication?

Continue reading to learn more about breath testing and breathalyzers, including what to do if you believe you have been wrongly arrested after failing a breathalyzer test in Indiana.

DUI Defense Lawyer Indianapolis Indiana 317-636-7514

Breathalyzer Testing

Breathalyzers are science-based electronic devices that are designed to read and compute blood alcohol levels based on breath. There are different types of breathalyzers. Some are designed with fuel cells that generate an electric current, while others use infrared light or chemical reactions.

The average person has no idea how these scientific electronic devices work, so many people tend to blindly trust whatever reveals. But like all manufactured commodities, especially electronic ones, design flaws and happen. In such a case, breathalyzers might incorrectly or inaccurately process the blood alcohol concentration in a person’s breath.

Breathalyzer Test Reliability

So, how reliable are these breathalyzers? Possibly not so much, at least not all the time. According to a post in the New York Times, thousands of people have been arrested based on flawed breath testing results over the years, and courts across the country have thrown out more than 50,000 tests.

As most fragile computer-based electronic devices go, breathalyzers require routine maintenance and care, including precise calibration. Not only must these devices be set up properly, but they must also be used correctly and by a certified operator. And the unfortunate truth is that the standards for proper breathalyzer usage and maintenance are not highly regulated.

Most law enforcement agencies are not monitored on how well they take care of or calibrate their BAC-measuring machines, how well they train their staff to use them, and how well they store their data. With all of these factors at play, there are many variables that can cause breathalyzers to compute inaccurately, and therefore, give unreliable BAC test results.

Get Yourself a Lawyer After Failing a Breath Test

Unfortunately, most law enforcement officials will take whatever reading the breathalyzer gives them and use it as just cause to arrest a person for public intoxication or drunk driving. For this reason, it is important to obtain professional and private criminal defense legal representation to fight your criminal charges. Good criminal defense attorneys have the resources, knowledge, and skills to reduce your charges or dismissed them entirely based on an unjust arrest.

Are you ready to preserve your freedom by getting started on your defense now? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your public intoxication or DUI charges in Indianapolis, Indiana. We represent clients all throughout the state of Indiana.

8 Ways You Can Be Charged With Intoxicated Driving

Posted on May 4, 2022 by admin

Intoxicated driving charges are very serious, and the law is designed to use such cases as a means to set an example for the rest of the public. The laws surrounding OWI charges vary from state to state, as do the possible enhancements that can increase the severity of the charges. There are several ways you can be charged with operating a vehicle while intoxicated.

Continue below to learn the 8 types of DUI charges, what they mean, and how you can beat them with skilled legal representation.

DUI Lawyers Near Me Indianapolis Indiana 317-636-7514

Types of OWI Enhancements

Potential OWI enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a blood alcohol concentration (BAC) of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person.

Aggravated DUI

An aggravated DUI is any average DUI charge, but with enhancements. See enhancement examples above. Aggravated DUI charges are the same thing as Felony DUI charges, which is the term used in Indiana. Additional aggravated DUI offenses include DUI in a school zone, operating a school bus under the influence of drugs or alcohol, driving intoxicated without a valid license, having multiple convictions within a short time frame, and more.

Drugged Driving (DUID)

Alcohol is not the only substance that can lead to a DUI arrest. Operating a vehicle while under the influence of Schedule I or Schedule II drugs, whether legal or illegal, can lead to a DUID charge in Indiana, which stands for “driving under the influence of drugs.” A police officer can legally arrest you for a DUID charge simply based on a reasonable suspicion that such drugs are in your system.

DUI Accidents

Driving under the influence of drugs or alcohol is a serious crime in itself; but couple it with an accident and the charges get worse. In Indiana, DUI-related accidents are labeled as Felony DUI charges, and come with severe penalties.

DUI Manslaughter

When DUI accidents end with fatalities, the charges increase to DUI manslaughter. Although the fatalities in these cases are unintentional, the charge still come with very severe penalties in Indiana. DUI manslaughter is a Level 5 Felony, which is a very serious charge.

Felony DUI

First-offense DUI charges are generally misdemeanors. But with enhancements or previous convictions, DUI charges turn into a felony very fast. Such factors include multiple convictions, fatalities, presence of children, bodily harm, property damage, and more. With the help of a tough defense lawyer, felony DUI charges can sometimes be reduced to lower felonies or misdemeanors.

Misdemeanor DUI

A typical DUI charge in Indiana is a misdemeanor crime, unless there are enhancements involved, or a person has prior DUI convictions within a certain time frame (usually 5 to 10 years). First time DUI offenses are Class C misdemeanors, but with BAC levels higher than 0.15%, they jump to Class A misdemeanors. With the help of a tough defense lawyer, Level 6 felony DUI’s can often times be reduced to DUI misdemeanors.

Property Damage DUI

When a DUI accident ends with property damages, the penalties and fines increase dramatically. A person can expect longer jail time, harsher sentencing agreements, and extreme fines. And although these are considered aggravated DUI’s, they are not always charged as felonies. However, if property damages are extensive, the charge is likely to increase to a felony.

Underage DUI

Indiana has a “per se” stance on underage drinking and driving. This means there is a zero-tolerance rule for underage drinking. Any person under the age of 21, the national legal drinking age, is forbidden to consume or purchase alcoholic beverages. Underage drinking is a crime in itself, but combined with driving and DUI charges, underage drinkers face serious penalties. Standard penalties include license suspension, jail time, probation, hefty fines, community service, and diversion programs.

Are you looking for criminal defense attorney who can help you reduce your OWI criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer about your Indiana DUI charges. Our legal team can help you obtain the best possible outcome to your criminal matters!

Can Traffic Violations Be Used Against Me in Criminal Court?

Posted on April 8, 2022 by admin

After being arrested and charged with a crime in Indiana, it is common to be filled with all sorts of questions. Oftentimes, defendants begin thinking about their legal history. Many criminal defendants question if previous traffic violations and driving-related offenses will affect the outcome of their current criminal case. Fortunately, there is a pretty clear cut answer to this common inquiry.

Continue reading to learn when past traffic violations might be used against a criminal defendant during their trial, plus how to avoid the maximum penalties for your criminal charges.

Criminal Attorney Indianapolis Indiana 317-636-7514

The Difference Between Civil Court and Criminal Court

When it comes to understanding how previous traffic offenses and violations might be used against a defendant in criminal court, it is important to understand the difference between civil and criminal laws and court systems.

Civil law is the area of the American legal system that manages disputes or wrong-doings between private parties. Accordingly, civil court, also known as small claims court, deals mostly with civil cases disputing small amounts of money. Cases typically adjudicate claims regarding property damage, family law, divorce, property disputes, breach of contracts, landlord cases, wrongful terminations, personal injuries, and similar legal matters.

There are two primary types of criminal courts in the United States, state court and federal court. State courts are established by the state and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress.

Will Your Traffic and Driving History Have an Impact?

When it comes to traffic violations and offenses, the majority of them will fall under civil law, and therefore be dealt with in civil court. In most cases, traffic violations are dealt with at the county clerk’s office, courthouse, or the local BMV. Most of the time, violators simply need to mail in paperwork or fines to remedy any offenses. If you are somebody who has traffic violations on the record, it is not likely that they will be used for making any legal determinations during your criminal trial or sentencing.

When a Civil Case Can Become a Criminal Case

there are some traffic violations and offenses that can lead to criminal charges. In most cases, this includes offenses like, inebriated driving, drunk driving, pedestrian hit and runs, cyclist hit and runs, and causing a car accident as a result of punitive reckless driving. Not only can an offender face civil fines and penalties, but they can also be arrested and criminally charged for a DUI, leaving the scene of an accident, and more.

Are you worried about your pending criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned Indianapolis IN criminal defense lawyer you can trust. We also represent defendants charged in Indiana but who live in another state.