Understanding DUI Laws in Indiana: A Comprehensive Guide

Posted on August 30, 2023 by admin

Driving under the influence (DUI), also known as operating while intoxicated (OWI) in Indiana, is a serious offense that carries significant consequences. Being informed about the state’s DUI laws can help you make responsible decisions and understand your rights in case of a DUI arrest.

In this comprehensive guide, we will delve into the specifics of Indiana’s DUI laws, the process following a DUI arrest, and the potential implications of an OWI conviction. The objective is to provide a clear and concise resource that can help you navigate this complex area of law.

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Indiana DUI Laws and Penalties

In Indiana, operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or more is considered DUI, also referred to as an OWI or DWI in certain jurisdictions. It is possible to be charged with driving under the influence even if your BAC is lower than this, however. In cases where there’s evidence of intoxication, such as reckless driving, the state may pursue a charge of OWI even if your BAC is below 0.08%.

If you are arrested for OWI in Indiana, you will face criminal penalties that can include jail time, fines, probation, license suspension or revocation, and an ignition interlock device (IID). The consequences vary based on the severity of the case and whether you’ve had any previous convictions. For a first-time offense, you may face up to one year in jail and fines of up to $5,000. Your driver’s license will also be suspended for 90 days.

Repeat offenses are treated more severely by Indiana DUI laws. A second OWI conviction can carry up to two years in prison and a fine of up to $10,000. You will also be required to install an IID on your vehicle. A third OWI conviction within 10 years is considered a felony offense and can result in jail time of between one and six years, along with fines of up to $10,000. Your license can also be revoked permanently.

The DUI Arrest Process and Implications

If you are pulled over for suspicion of OWI in Indiana, the police officer will ask you to take a field sobriety test. This is an evaluation designed to assess your level of impairment and determine whether you should be arrested. If the officer believes that you are impaired, they may arrest you for DUI/OWI.

After the arrest, you will be taken to a police station where your blood alcohol content will be tested using a breathalyzer test and your results will be recorded. If the results show that your BAC is 0.08% or higher, the officer may decide to file criminal charges against you and even ask to have your blood drawn to confirm your blood alcohol levels. It’s important to note that it is still possible to be charged with a DUI even if your BAC is lower than 0.08%.

Any OWI or DUI conviction will remain on your permanent record for at least 10 years. This can have a major impact on your ability to secure employment, housing, and other opportunities down the line. An OWI/DUI conviction can also adversely affect your auto insurance rates. Depending on the severity of the offense, you may even lose your driver’s license. Further down the line, you may qualify for criminal record expungement, which can seal your criminal record from public access.

Defending Against OWI Charges in Indiana

If you have been charged with DUI/OWI in Indiana, it’s important to consult a qualified attorney as soon as possible. An experienced DUI lawyer can help assess your case and formulate a defense strategy. There are several potential defenses against DWI charges. These can include challenging the results of a field sobriety test or arguing that there was not sufficient evidence to prove intoxication. It’s important to remember that you have rights when facing OWI charges and an attorney can help protect them. An experienced lawyer can also work to reduce the severity of the charges or get them dismissed entirely, depending on the situation.

DUI/OWI laws can be complex and it’s important to understand your rights in case of a DUI arrest. Contact Attorney David E. Lewis at 317-636-7514 to speak with an experienced and good-standing criminal defense DUI lawyer in Indianapolis, Indiana. We can help you get the best possible outcome in court for your misdemeanor or felony drunk driving charges. But you only have 10 days to save your drivers’ li c ense from suspension – so call NOW!

5 Types of Probable Cause for DUI Traffic Stops

Posted on December 20, 2021 by admin

Although the facts will differ among all cases of drunk driving arrests, there is a general guideline that police officers use to determine probable cause in a DUI traffic stop. Continue reading to learn what signs and clues law enforcement look for to establish probable cause in a drunk driving arrest and what to do if you were recently charged with a similar offense in Indiana.

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Reasonable Suspicion for Traffic Stops

When it comes to DUI traffic stops, it is important to understand the difference between reasonable suspicion and probable cause. In all cases of traffic stops, whether a driver has been drinking alcohol or not, law enforcement must have reasonable suspicion that a driver has committed a traffic violation or infraction before pulling them over. Once pulled over, law enforcement must then establish probable cause to make an arrest.

In order for a police officer to legally arrest a person for a DUI, there must be probable cause, which is evidence that supports an officer’s reasonable belief that a driver is intoxicated, or under the influence of a drug or controlled substance.

Reasons You Might Have Been Pulled Over for Drunk Driving

Both reasonable suspicion and probable cause can be a means to a DUI arrest. Police officers can use either principal, or both, to conduct a legal traffic stop and establish an arrest. The types of probable cause or reasonable suspicions can vary depending on each situation of intoxicated driving. However, these are the top 5 reasons why police officers pull people over and arrest them for drunk driving:

❶ Traffic Violations

Traffic violations are one of the top reasons why people are pulled over, regardless of alcohol involvement. Common traffic violations include expired license plates, illegal U-turns, illegal parking, failure to use turn signals, ignoring traffic signs, running red lights or stop signs, and most recently, texting and driving.

❷ Reckless Driving

Poor driving is another common reason why police officers pull people over. If a person is exhibiting bad or reckless driving, a cop can legally pull them over to conduct a traffic stop. Examples of reckless or bad driving include speeding, following too closely, failing to yield, ignoring traffic signs, driving too slow, and similar risky behaviors.

❸ Car Accidents

Speaking of risky behaviors, law enforcement can use the occurrence of a car accident to establish reasonable suspicion to question a driver. Whether you are at fault for a car accident or not, police can question you, and if it comes down to it, arrest you for a DUI. They would need to make some observations to establish a legal basis for arresting you, though. See below to learn more.

❹ Mid-Stop Observations

Once a police officer has pulled a driver over, they can continue their investigation by keeping their eyes open for tells or signs that a person has been drinking alcohol or using illicit drugs. A cop can establish probable cause and make a DUI arrest if they smell alcohol on your breath, hear you admit to having a drink earlier, see alcohol containers in your car, catch you in a lie, and more. Other signs that officers use as evidence of drunk driving include slurred speech, glossy or red eyes, dilated pupils, slowed movements, incoordination, insubordination, crying, and hostility.

BAC Testing

To really seal the deal and come in with some valid evidence to support their reasonable suspicion and probable cause, law enforcement relies on field sobriety testing and blood-and-alcohol (BAC) testing. Also known as chemical testing, a breathalyzer is one of the most common devices used during traffic stops to determine a driver’s level of alcohol in their system, and therefore, reveal how much they’ve had to drink within a 24 hour time period.

The legal limit is 0.08 percent BAC. If you blow this or more, you will be arrested on DUI charges. Upon being arrested, and with your consent, law enforcement will request to have your blood drawn and tested to confirm a precise BAC value.

Field sobriety testing is another strategy used by law enforcement to establish probable cause for a DUI arrest. Walking the line, touching the nose, and following the pen with the eyes are typical phases of a field sobriety test.

Were you recently arrested for a DUI or similar offense in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive and skilled DUI criminal defense in Indianapolis, Indiana. Our teams work around the clock to reduce or dismiss your DUI penalties and avoid jail!

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Frequently Asked Questions About Police Breathalyzers

Posted on November 24, 2021 by admin

If you have ever been administered a breathalyzer test, you are familiar with how it works. Simply blow into the tube until you hear the beep. Then after a minute, a reading will appear. If a person is over the legal limit for alcohol, they will be arrested and detained for intoxicated driving. If they are not over the legal limit, they are generally issued a warning, or the police officer may choose to investigate further. Either way, it is important to know what a breathalyzer is and its purpose in law enforcement. Many people have questions about chemical tests, understandably, and are curious to find the right answers.

Continue reading to review some of the most frequently asked questions about breathalyzer testing, and who to trust for DUI criminal defense in Indiana.

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Indiana Breathalyzer Testing FAQS

What is a Chemical Breath Test and What are They Used For?

If you are a licensed driver, you should be aware of Indiana DUI laws. When a person is pulled over for suspicion of intoxicated driving, one of the first things a police officer will administer is a chemical test, also known as a breath test. And these tests are implemented with a device called a breathalyzer.

Although they are likely to perform field sobriety tests as well, it is the breathalyzer that truly defines a driver’s toxicity levels, which is why they are used so predominantly in the force. In fact, the Indiana legislature has an entire administrative code (260 IAC 2-1) section drafted specifically for chemical testing. It addresses everything from how they are certified and how they should be administered, to who can administer them and more.

What are the Legal Limits for Alcohol and Driving in Indiana?

There are three specific limits to alcohol levels in the system when operating a motor vehicle, but one of them is not legal at all. For minors, a driver is considered legally intoxicated if they test over 0.02% blood alcohol level. If they test below this number, they are still breaking the law since they are not old enough to drink. But they cannot be charged with a DUI since they did not blow over the 0.02% limit. As for adults, the legal limit is 0.08% and under, and for commercial drivers, the limit is 0.04 percent.

Who Can Order and Administer a Breathalyzer Test?

Although as a driver under investigation for drunk driving, you can certainly request a breath test over a field sobriety test, but this does not mean the officer will always oblige. The only authority that is allowed to order and administer a chemical test is a police officer or someone employed by the police academy.

How are Qualified Authorities Trained in Breath Testing?

In order for officers and other authoritative figures to be certified in breath and chemical testing, they must pass a training program that covers several topics. Topics include the legal aspects of breath testing, the pharmacology and toxicology of ethanol, the operation, maintenance, and theory of breath testing equipment, and the ethanol-water and ethanol-gas industry standards for using chemical testing instruments. Authorities must be re-certified every two years and maintain good-standing employment.

Who Should You Talk to About Your Breathalyzer Rights?

Contact an experienced and trusted Indiana criminal defense attorney in your city for accurate information regarding your rights under law enforcement detainment. If your breathalyzer was administered improperly or unjustly, it could be thrown out of trial. A licensed criminal lawyer can help you protect your rights and your freedoms after being pulled over for drunk driving in Indiana.

Are you facing OWI charges in Indiana and wish to dismiss or reduce them? 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 charges!

How Your Lawyer Might Defend Your DUI Charges

Posted on June 17, 2021 by admin

Being arrested and charged with a drunk driving offense is serious, whether you are guilty or not. A DUI conviction can drastically impact a person’s life, as well as their spouses, kids, and loved ones. For this reason, it is imperative that you seek immediate criminal defense counsel to build the best case against your drunk driving charges. A criminal defense attorney who is well-versed in drunk driving cases will know exactly how to defense your charges, and therefore, provide the best chance at reducing or dismissing them altogether.

How will your attorney defense your drunk driving charges? Continue reading to learn the top 4 most common and reliable defenses against DUI charges.

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DUI Charges and What They mean

Depending on the county you were arrested and, your charges may be referred to as a DUI (driving under the influence), OWI (operating while intoxicated), OUI (operating under the influence), or DWI (driving while intoxicated). As you can see, these abbreviations are different, but they all represent the meaning of operating a motor vehicle while under the influence of drugs or alcohol, or any type of mind/muscle altering substance, such as prescription medications, sleep medications, cough syrups, and similar legal medicines.

Challenging DUI Charges

A criminal defense lawyer can use several approaches to defend the clients DUI charges. In most cases, they will challenge different aspects of the arrest, including the chemical and breath testing, the field sobriety testing, Miranda readings, and the lawfulness of the traffic stop.

▷ Your Miranda Rights

The only situation in which law enforcement is required to read a person their Miranda rights is if custodial interrogation is going to take place. This means if police officers intend to interrogate and question a suspect for the purpose of making an arrest, they must read the suspect their Miranda warnings first before questioning them. If your arresting officer failed to read you your Miranda rights before placing you in custody, your criminal defense attorney will very likely use this law enforcement error as part of their defense to reduce or dismiss your DUI charges.

▷ Chemical and Breath Tests

Another, defense used by criminal defense attorneys in a DUI case will be to challenge the chemical testing and breathalyzer testing, whether done at the scene of the arrest or shortly after. Chemical test might include urine testing and blood testing, while breath tests typically refer to breathalyzers, which are devices that measure the blood alcohol content in your body. They might challenge the condition and functionality of the breathalyzer device, while also challenging the process, storage, and testing of any blood work done following the arrest.

▷ Field Sobriety Tests

criminal defense attorneys will likely also challenge the field sobriety testing that took place at the scene of the arrest. They will investigate whether or not the arresting officer was properly trained and sufficiently carried out the sobriety test, including the arresting officer’s justification for administering such testing to begin with.

▷ Validity of Traffic Stop

A criminal defense attorney will work hard to investigate whether or not the arresting officer had a reasonable and justified because to stop a driver in the first place. If the arresting officer is proven to have pulled a driver over without proper legal justification, a criminal defense attorney will use this law enforcement failure to reduce or even dismiss a defendant’s DUI charges.

Are you facing misdemeanor or felony drunk driving charges in Indiana right now? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive DUI defense in Indianapolis at the most economic prices around.

You Should Also Read:

Possible DUI Penalties for Commercial Drivers
When You Might Go to Jail for a DUI
Can a DUI Charge Affect My Right to Child Custody?

Should I Plead Guilty to My DUI Charge?

Posted on January 17, 2019 by admin

Anyone facing a pending drunk driving charge is asking themselves what to do next. One of the most common questions criminal defense lawyers hear from defendants charged with a DUI has to do with pleading. Clients want to know whether or not they should plead guilty for their alleged criminal charge.

If this sounds like your current legal situation, continue reading to learn what you need to know about pleading guilty to an intoxicated driving charge in Indiana.

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In a DUI case, a defendant is likely to receive a guilty conviction when prima facie evidence proves they were operating a vehicle under the influence of alcohol or some other illegal or controlled substance. In the case of alcohol, if a driver’s blood alcohol content (BAC) is 0.08 or higher, they are in violation of the intoxicated driving laws. If a defendant has evidence that their BAC 0.08, there could be a chance that their charges could be argued, but it is still rare. Most drunk driving charges end with some form of a guilty verdict.

Pleading Guilty or Not Guilty

It is true that pleading “guilty” to a DWI charge will instantly shorten the time frame of your personal legal process. However, pleading guilty does mean that you are admitting fault, and surrendering yourself to a list of possible penalties, such as fines, probation, suspended license, community service, rehabilitation, and even jail time. For this reason, it is important to fully understand your criminal charges, and the consequences you face if found guilty, before making a decision to plea.

On the other hand, a defendant could also decide to plead “not guilty”, to their DUI charges. In this case, they can expect a much longer legal process, which in turn means higher legal fees. If you plan to plead “not guilty” to your DUI charges, understand that fighting your charges could be moot in the end, since it is more likely that you will be found guilty if the evidence shows you were indeed legally intoxicated while operating a motor vehicle.

Reduced Charges

It is also true that most (not all) DUI defendants will have their charged reduced in some way or another, especially those who have private legal representation rather than a public defender. But even those who are granted lesser charges will still be found guilty and face the list of possible penalties mentioned before. This is where plea deals come in handy. Agreeing to a plea deal can eliminate jail time and avoid the maximum charges for a DUI crime.

So what does a defendant do? Should they plead “guilty” or “not guilty” to their DUI charges?

The answer to this question is complex. It starts with personal preference. But before personal preference can influence your decision, it is vital that you learn the full extent of your legal charges and their maximum penalties, as well as, the potential outcomes of each route. In order to accomplish this, you must consult with a licensed and experienced Indianapolis criminal defense lawyer who can explain everything you need to know in a language you can clearly understand.

Contact the Law Office of David. E. Lewis

David E. Lewis Attorney at Law 317-636-7514

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney, David E. Lewis, who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

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