Demystifying DUI Defense Strategies in Indiana

Posted on October 17, 2023 by admin

When faced with DUI charges in Indiana, it’s essential to understand your rights and the defense strategies at your disposal. The complexities of drunk driving charges necessitate the guidance of a skilled DUI defense lawyer to navigate the intricacies of the legal system.

This blog post aims to shed light on the immediate steps to take following a personal injury occurrence in Indiana, focusing particularly on instances involving impaired driving. We delve into the key legal procedures, potential defenses, and the importance of securing proficient legal representation. Remember, knowledge is power when combating DUI charges.

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Immediate Steps to Take After Getting Arrested for a DUI

As with any personal injury occurrence, safety should be the top priority. If you or anyone involved in the incident requires medical attention, seek it immediately. Once everyone’s well-being is ensured, document everything about the accident scene by taking notes and pictures. Gather contact information from any witnesses present and exchange insurance details with other parties involved. Finally, report the accident to the police if they haven’t already been notified.

Understanding DUI Charges in Indiana

In Indiana, it’s illegal to operate a vehicle while under the influence of alcohol and/or drugs, as stipulated by the state’s impaired driving laws. Police officers can arrest you for DUI if they have probable cause that your judgment and ability to safely operate a vehicle are impaired. If you’re found to have a blood alcohol concentration (BAC) of 0.08% or higher, you’ll be charged with OWI (Operating While Intoxicated). It’s crucial to note that Indiana has a zero-tolerance policy for underage drinking and driving, which means any driver under 21 years old can be arrested for DUI if they have any trace of alcohol in their system.

Drunk Driving Defense Strategies

If you’re charged with DUI, you’ll need an experienced DUI defense lawyer to help build a strong defense on your behalf. They can challenge the legality of the traffic stop, question the accuracy of field sobriety and breathalyzer tests, and dispute any other evidence against you. Additionally, they may explore alternative options, such as plea bargaining and diversion programs, to potentially reduce or dismiss your charges.

First Time DUI Penalties

If you’re a first-time offender, the penalties for DUI in Indiana can include fines of up to $5,000 and up to 1 year in jail. Your license may also be suspended for up to 2 years. The severity of your charges will depend on various factors such as BAC level, any prior criminal record, and whether anyone was injured or killed in the incident. It’s important to note that even if you’re not convicted, your license can still be suspended for up to 180 days for refusing a breathalyzer test or failing it with a BAC above 0.08%.

Importance of Legal Representation

The consequences of DUI charges in Indiana can be severe, including fines, license suspension/revocation, and even jail time for repeat offenders. With so much at stake, it’s crucial to secure proficient legal representation immediately after a personal injury occurrence involving impaired driving. An experienced DUI defense lawyer can guide you through the legal process, protect your rights, and work toward the best possible outcome for your case.

Conclusion

In summary, if you’re involved in a personal injury occurrence involving impaired driving in Indiana, it’s essential to prioritize safety and document everything at the scene. Understand the state’s DUI laws and seek professional legal guidance to build a strong defense. With the right strategies and legal representation, you can effectively fight DUI charges and protect your rights.

Remember, it’s never too early to start building your defense with the help of an experienced DUI defense lawyer. 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!

The Sobering Truth: A Deep Dive into Drunk Driving in Indiana

Posted on September 21, 2023 by admin

Drunk driving is a critical issue that plagues societies across the globe, and sadly, Indiana is no exception. A crime that is preventable, it poses grave dangers not only to those behind the wheel but to innocent bystanders and other road users as well.

This blog sheds light on the sobering and stark reality of Driving Under the Influence (DUI) in Indiana, unearthing the unnerving statistics and the comprehensive efforts being made to combat this life-threatening issue. Join us as we embark on this enlightening journey, understanding the intricate complexities and profound implications of drunk driving in our local communities.

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Drunk Driving in Indiana: A Troubling Reality

According to the CDC, alcohol-impaired driving accounted for 29% of all motor vehicle traffic fatalities in the United States in 2018 alone. That is a staggering 10,511 deaths nationwide due to drunk driving in one year. The numbers are even more concerning when we look at Indiana’s statistics specifically. In 2019, the Indiana Criminal Justice Institute (ICJI) reported that Indiana had 545 DUI arrests, 519 DUI crashes, and 64 DUI fatalities.

These figures have been growing steadily over the past few years; in 2018 there were 496 DUI arrests and 497 DUI crashes statewide. In addition to this, the Indiana Criminal Justice Institute also revealed that alcohol was involved in 64.5% of all fatal crashes in Indiana for 2019, which is an alarming statistic indeed.

The repercussions of drunk driving are far-reaching; beyond the tragedy befallen on innocent victims and their families, DUI convictions also have serious legal and financial consequences. Depending on the specifics of the case, a DUI can result in suspension or revocation of a driver’s license or CDL.

Understanding Indiana’s Drunk Driving Laws

In order to understand the gravity of a drunk driving conviction in Indiana, it is essential to know the relevant DUI laws. The legal blood alcohol concentration (BAC) limit for drivers over 21 years old is 0.08%, and the limit for those operating commercial vehicles is 0.04%. If an individual’s BAC exceeds either of these limits, they can be arrested and charged with drunk driving.

In addition to this, Indiana also has an ‘implied consent’ law which states that any individual operating a vehicle within the state is required to provide a chemical test sample if asked by a law enforcement officer. This could include a breathalyzer test or blood sample, which is performed at a local clinic.

Battling the Issue: What is Being Done?

Indiana does not take the issue of drunk driving lightly and has taken steps to ensure that those who do drive under the influence are punished accordingly. The penalties for violating Indiana’s DUI laws depend on the number of infractions as well as BAC level but can be severe. For example, a first-time offense can result in fines up to $500, 1-year license suspension, and even imprisonment.

In order to combat the issue of drunk driving, Indiana has also implemented several public awareness campaigns such as ‘Drive Sober or Get Pulled Over’ and ‘Arrive Alive’ which aim to educate people about the dangers of impaired driving. The state has also implemented several other initiatives such as ignition interlock devices (IIDs), which require drivers to provide a breath sample before the car can start, and zero-tolerance laws for those under 21 years of age. All of these efforts are aimed at reducing the number of drunk driving incidents in Indiana and ensuring that our roads remain safe for everyone.

What to Do if You Get a DUI

If you are facing a DUI charge in Indiana, the best thing to do is to contact an experienced and qualified attorney. The consequences of a drunk driving conviction can be severe and require complex legal assistance. An experienced DUI lawyer in Indianapolis can help you navigate the process and provide effective representation throughout the case.

It is also important to take steps to reduce the likelihood of getting a DUI in the first place. These include not drinking and driving, having a designated driver if attending an event where alcohol is present, knowing your BAC limit, and understanding Indiana’s drunk driving laws. Taking these steps can help you stay safe and avoid the potential consequences of a DUI conviction.

The Takeaway

Drunk driving is a serious issue in Indiana, and it’s essential that everyone understand the consequences of their actions before getting behind the wheel after consuming alcohol. With comprehensive laws and stringent enforcement, Indiana is making strides to reduce DUI incidents across the state, but we all must do our part to ensure that these efforts are successful. It is our duty as responsible citizens to be aware of the risks of driving under the influence and make smart, informed decisions in order to promote safe roads and save lives. If you are arrested for a DUI, then hire a lawyer pronto.

You only have 10 days from the time of DUI arrest to save your driving privileges. Besides that, you need a strong defense to get you the best possible outcome in court. Contact the Law Office of David E. Lewis today at 317-636-7514 to meet with an experienced DUI defense attorney in Indianapolis, Indiana. Our legal team is dedicated to fiercely and intelligently defending criminal appeals, while working to secure a reduction or dismissal of your conviction.

What You Need to Know About Felony DUI Arrests in Indiana

Posted on June 5, 2023 by admin

Drinking and driving, or driving under the influence (DUI), is a serious offense in the state of Indiana, and if you are arrested for it, you could face hefty fines or even jail time. But if your DUI charge is upgraded to a felony, then the consequences can be much more severe. A felony DUI conviction can have long-lasting effects on your life, including job loss, difficulty finding housing or loans, and even prison time. It’s important to understand what makes a DUI charge become a felony so that you know how to protect yourself from these harsh penalties.

In this blog, we will discuss the circumstances under which an individual may face felony charges for driving under the influence in Indiana and what steps to take after being charged with such an offense.

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What a Felony DUI Arrest in Indiana Might Mean for Offenders

Indiana considers a drunk driving offense to be a felony if the accused has three or more prior convictions within the past 10 years. If this is your first offense, you will likely face misdemeanor charges and not have to worry about felony repercussions. However, it’s important to note that any subsequent conviction could result in harsher penalties. Furthermore, if you are convicted of a DUI crime while operating a commercial vehicle, you may also be charged with a felony.

Hire a Drunk Driving Lawyer

If you are facing felony drunk driving charges in Indiana, it’s essential that you get an experienced criminal defense lawyer as soon as possible. An Indianapolis DUI lawyer can help you understand your rights and ensure that you receive the best possible outcome for your case. Your attorney can also provide guidance on how to proceed with mitigating factors that could help reduce your sentence, such as participating in rehab or taking a defensive driving course.

How the Law Views Repeat Offenses for DUI in Indiana

DUI laws in Indiana take repeat offenses seriously, with harsher penalties for those who have been arrested for multiple drunk driving crimes. Habitual offenders may face high fines, lengthy jail sentences, and suspension or revocation of their driver’s license. In addition, any prior DUI arrests can be used to increase a person’s sentence if they are found guilty of another intoxicated driving offense.

In Indiana, drivers may receive enhanced punishment based on the number of prior DUI convictions on their record. For example, someone convicted of a second drunk driving offense within 5 years must serve at least 5 days in jail and may be fined up to $10,000. A third or subsequent conviction in the same time period carries even tougher penalties, such as 10-30 days in jail and fines up to $10,000. The court also has the option to order additional sanctions that can include longer probation periods and mandatory alcohol education courses.

Furthermore, some counties may have local ordinances which carry their own separate punishments for repeat DUI offenders which can include fines ranging from $500 to $2,500, additional community service hours beyond what is required by the state laws and/or installation of an ignition interlock device. Ignition interlock devices (IID) require drivers to blow into a breathalyzer before starting the vehicle; if the device detects alcohol above a predetermined level, then it will prevent the car from being started. Indiana state law also requires IID installation for certain repeat offenders as part of any probation agreement following a conviction for driving under the influence (DUI).

In short, it is important to understand that the consequences associated with multiple drunk driving arrests in Indiana can be severe. It is recommended that anyone charged with driving under the influence seek legal counsel from an experienced criminal defense attorney to ensure they are aware of all possible penalties and available options for defending against these charges.

In Summary

Overall, it’s important to understand what constitutes a felony drunk driving charge in Indiana so that you can be prepared if you are ever charged with one. A felony conviction can have serious implications for your future, so make sure to contact a qualified DUI lawyer right away if you find yourself facing felony charges. With the right representation and understanding of the law, there is hope for a favorable outcome and protection from life-altering penalties.

After being arrested for drunk driving, it’s crucial to work with an experienced DUI lawyer right away. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned DUI defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your drunk driving case!

How to Minimize Penalties Following a DUI Arrest

Posted on April 26, 2023 by admin

Getting arrested for drunk driving can be a life-changing experience. Not only do you have to deal with the legal consequences, but also the social stigma that comes along with it. However, even if you’ve been charged with a DUI offense, there are still ways to minimize penalties and avoid long-term consequences. With the help of an experienced DUI lawyer who understands your case and knows all of your options, you may be able to reduce or dismiss your charges altogether.

In this blog post, we will discuss how hiring an attorney can help minimize penalties following a DUI arrest and how they can build a strong defense on your behalf.

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

Hire a DUI Lawyer to Avoid the Maximum Penalties for Drunk Driving

The first step you should take after a DUI arrest is to hire an experienced drunk driving lawyer. Your attorney will be able to review your case and advise you on the best course of action for your particular situation. A knowledgeable DUI attorney has specific knowledge about drunk driving laws and can challenge elements of the prosecution’s argument from both legal and technical perspectives. In some cases, they may even be able to contest scientific evidence or witness testimony in order to reduce charges or dismiss them completely.

Your attorney will also have insight into how prosecutors approach DUI cases, which can help them negotiate with the court in order to obtain lesser sentences or reduced fines when possible. In addition, they can work with you to create a compelling defense strategy that includes mitigation evidence, such as a prior history of good deeds or extenuating circumstances that may have contributed to the offense.

Furthermore, your drunk driving lawyer can provide guidance on how to best prepare for court and any other administrative proceedings related to your case. This includes helping you understand the specific laws of your state and advising you on how to speak respectfully during appearances and hearings. They will also assist in developing an effective sentencing plan with authorities and work with you to craft a clear message that shows remorse if necessary.

Indiana Penalties for DUI Conviction

Drunk driving is a serious offense that comes with severe consequences in Indiana. If you are caught driving with a blood alcohol concentration (BAC) of 0.08% or more, you will be charged with operating while intoxicated (OWI). The penalties for a first-time conviction can include license suspension for up to two years, fines of up to $5,000, and up to one year in jail.

For subsequent convictions, the penalties can become even more severe, including longer jail sentences and higher fines. In addition to legal consequences, drunk driving can also have personal and social repercussions, including higher insurance rates, strained relationships, and even loss of employment. It’s important to remember that one poor decision can potentially affect the rest of your life, and the lives of those around you.

Conclusion

By hiring an experienced DUI defense attorney, you are taking action towards minimizing DUI penalties that come with a drunk driving arrest. A knowledgeable OWI lawyer can help build a strong defense on your behalf by challenging evidence presented by prosecutors at each step in the process. They can also provide guidance and advice to ensure that you are fully prepared for court proceedings and sentencing hearings. With the right legal representation, you may be able to reduce or dismiss your charges altogether, avoiding long-term consequences associated with a DUI conviction.

It is essential to work with an experienced DUI lawyer directly after your drunk driving arrest. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned DUI defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your drunk driving case!

The Potential Consequences of a DUI Arrest in Indiana

Posted on March 29, 2023 by admin

Getting arrested for driving under the influence (DUI) in Indiana can be a devastating experience. Not only do you face potential jail time and fines, but you also run the risk of long-term consequences that could follow you for years to come. A DUI conviction can lead to restrictions on your license, higher insurance rates, and difficulty finding employment or housing. That’s why it is essential to have an experienced DUI attorney representing your case if you find yourself facing charges.

In this blog post, we will discuss what happens after a DUI arrest in Indiana and how hiring a lawyer can help protect your rights and minimize any potential repercussions. We’ll look at some of the common penalties associated with drunk driving convictions as well as other ways a criminal record can negatively impact your life going forward. Finally, we’ll explain why working with an experienced DUI attorney is key when navigating the complexities of Indiana’s drunk driving laws.

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

Indiana Penalties For DUI Arrests and Crimes

In Indiana, the penalties for DUI can vary depending on a few factors. If you are arrested for DUI and have a blood alcohol concentration (BAC) of .08 percent or higher, then you may face a Class C misdemeanor charge. This could result in up to 60 days in jail and up to $500 in fines. If your BAC is 0.15% or higher, it’s considered an “aggravated” DUI offense and carries even harsher penalties such as longer jail time and steeper fines. You may also receive additional charges if there was property damage or injury involved in the incident.

DUI Convictions Go on Your Criminal Record Forever

If convicted of a drunk driving offense, your driver’s license will likely be suspended anywhere from 30 days to 2 years. You may also be subject to special restrictions, such as installing an ignition interlock device (IID) in your vehicle or attending alcohol treatment courses. In addition, you will likely have to pay additional fees and assessments for reinstating your license once the suspension period is over.

What’s more, a DUI conviction can stay on your criminal record for life and may appear in background checks conducted by potential employers or landlords. This could make it difficult to get hired for certain jobs or find suitable housing in the future. You may qualify to have your records expunged or sealed, but you would have to wait at least 5 to 8 years before you are eligible to apply. Additionally, insurance companies typically raise rates after a DUI conviction — sometimes up to double what you were paying before — which can make auto insurance prohibitively expensive.

Hiring a DUI Attorney is Critical to Your Future and Freedoms

Given the serious nature of DUI charges in Indiana, it’s essential to have an experienced attorney who understands the intricacies of state and federal drunk driving laws. Your best defense strategy is to hire a skilled DUI attorney. An experienced DUI lawyer can construct a persuasive argument for an acquittal or a lesser sentence on your behalf. They know what legal avenues to explore, how to challenge evidence or police procedure errors, and how to take advantage of their experience to get the outcome you want. With the right DUI attorney in Indianapolis by your side, you can provide the most effective defense against the prosecution’s accusations.

So, don’t fight drunk driving charges alone — hire an experienced DWI attorney today for the best defense. A seasoned Indianapolis drunk driving lawyer can help build a strong defense against your charges and ensure that your rights are protected throughout the process. They will also be able to explain any plea bargains or other options that may be available to you, as well as their potential consequences.

By taking the steps outlined in this blog post, you can be better informed and prepared to face the potential consequences of a DUI arrest. Start the process of your DUI defense by hiring the Law Office of David E. Lewis in Indianapolis, Indiana. We work aggressively to get you the best possible outcome in court, including saving your driving privileges.

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.

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.

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!