When You Might Go to Jail for a DUI

Posted on December 26, 2019 by admin

Drunk driving and intoxicated driving charges are very serious, and the law uses such cases to set an example. But not all drunk driving convictions result with a jail sentence. In fact, with a good Indiana criminal defense lawyer representing your case, it is more likely that you will be ordered to alternative penalties in lieu of jail time. However, there are still plenty of DUI cases that do end up with a person spending some time in jail, which means it could happen to you if the circumstances are right. If you are ordered to serve time in jail or prison, the length of time served will depend on various factors; the same factors that out you in jail to begin with.

Continue reading to learn what these factors are so that you can better understand when a DUI arrest might send you to jail in Indiana.

Indianapolis DUI Defense Lawyer 317-636-7514

What is a DUI?

There are many acronyms to describe driving a motorized vehicle under the influence of alcohol or controlled substance. These acronyms include “DUI”, which stands for “driving under the influence”, “DWI”, which means driving while intoxicated”, and “OWI”, which means “operating while intoxicated.” The important thing to know about these three acronyms is that they all represent the same criminal charge: operating a motor vehicle while under the influence of drugs or alcohol. This includes wine, beer, liquor, street drugs, and controlled drugs like prescription medication.

DUI Enhancements

The penalties and laws surrounding such charges vary from state to state, as do the possible enhancements that can increase the severity of the charges. Enhancements are factors and circumstances of a DUI that increase the severity of the crime. Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a 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. These enhancements will lead to a person serving time in jail.

Going to Jail for a DUI

When DUI charges reach the felony level, there is mandatory jail time involved. You might also go to jail or prison for a DUI if you are a repeat offender, and have added enhancements to your case, like the ones mentioned above. This would be known as an aggravated DUI. 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. An aggravated DUI conviction will result in some jail time in almost all cases.

In Indiana, DUI-related car accidents are labeled as Felony DUI charges, and come with severe penalties. So, if you cause bodily harm to another person, or worse, kill someone as a result of your intoxicated driving, you will spend a lengthy amount of time in jail, and quite possibly, prison. 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.

Current Indiana DUI Jail Sentence Schedules for Basic Convictions:

Class C Misdemeanor – Up to 60 Days in Jail
Class A Misdemeanor – Up to One Year in Jail
Level 6 Felony – Six to 30 Months in Prison
Level 5 Felony – One to Six Years in Prison
Level 4 Felony – Two to 12 Years in Prison

Contact an Indianapolis DUI Lawyer Today

Call 317-636-7514 to schedule a consultation with aggressive Indianapolis DUI defense lawyer, David E. Lewis. He 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 Indiana drunk driving charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

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Possible Drivers’ License Options Following a DUI Conviction

Posted on September 25, 2019 by admin

A DUI charge, short for driving under the influence, can result from operating a vehicle drunk, high, or otherwise inebriated on a controlled substance or narcotic. Regardless of how your DUI came about, you might want to put your attention towards your driving rights. This is especially important for those who rely on a vehicle for the sake of work, school, or children.

If you are facing DUI charges in Indiana, continue reading to learn what might happen to your drivers’ license status, including upon conviction.

Indianapolis Drunk Driving Lawyer 317-636-7514

Indiana Drivers’ License Penalties for DUI’s

Here in Indiana, it is important to know that OWI, DUI, and DWI are used interchangeably. This means they are refer to the same offense. With that being said, what happens to a defendant’s drivers’ licensed following a DUI conviction will vary depending the factors surrounding their arrest. Such factors may include the type of DUI, criminal enhancements (which amplify offense to higher charges), criminal record, and driving history. Common penalties often include jail time, probation, and fines. But all DUI convictions come with a drivers’ license suspension.

DUI Drivers’ License Suspensions in Indiana:
1^st Offense – License Suspended 3 Months to 2 Years
2^nd Offense – License Suspended 6 Months to 2 Years
3^rd Offense – License Suspended 12 Months – 10 Years

POSSIBLE DUI ENHANCEMENTS:
↳ DUI w/a Passenger Under 18 Years Old
↳ DUI Causing a Person Bodily Injury
↳ DUI Causing a Person’s Death
↳ BAC of 0.15% or More

Hardship License

When a person is convicted of a DUI, their license is suspended for at least 3 months, and up to 3 years. However, after 3 months, they may have the option to file for a “hardship license”, or probationary license, which allows them to only drive to and from work and school. A skilled DUI attorney can get you a hardship license without fail.

SR22 Auto Insurance

Another consequence of a DUI conviction is almost always the need for SR22 auto insurance. This is high risk auto insurance policies that convicted drivers must have for 3 years following an arrest. It is expensive and hard to find, but a skilled DUI lawyer can help you get the insurance you need.

Driving Record Points

A first-time DUI conviction will land a person 8 points on their driving record. More serious DUI convictions will add even more points to a person’s driving record. After so many points, driving privileges become restricted, suspended, or revoked. In other cases, too many points on a driving record will result in mandatory drivers’ education classes to reinstate licensed or return it to good-standing.

Contact a DUI Criminal Defense Lawyer Today

Can a DUI Charge Affect My Right to Child Custody?

Posted on June 12, 2019 by admin

Drunk driving charges and convictions can have all sorts of impacts on a person’ life. But what many do not recognize until much later is, such circumstances also affect family and loved ones. In fact, many defendants ask whether or not they can lose full or partial custodial rights if they are arrested, charged, or convicted of an intoxicated driving offense. Both mothers and fathers ask, “Will my kids be taken away?” “Will I lose visitation?” “Will my ability to regain custody be affected?”

If you are asking these same types of questions, whether for yourself or on behalf of a loved one, continue reading to learn what you need to know about DUI charges and child custody in Indiana.

Indianapolis Drunk Driving Attorney 317-636-7514

DUI Penalties

If a person is arrested for a DUI, their impending charges will vary depending on the details of the offense and arrest. For instance, if a person has an unregistered gun or drugs in their possession at the time of the arrest, they will face more severe penalties than a standard 0.08BAC drunk driving arrest with no priors.

Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a 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.

Indiana Penalties for DUI Convictions:

FIRST DUI – Class C Misdemeanor

⇾ 60 Days to 1 Year in Jail
⇾ Probation Up to 2 Years
⇾ License Suspension Up to 2 Years
⇾ Fines Up to $5,000

SECOND DUI – Level 6 Felony

⇾ 5 Days to 2 ½ Years in Jail
⇾ Probation Up to 2 ½ Years
⇾ License Suspension 6 Months – 2 Years
⇾ Fines Up to $10,000

THIRD DUI – Level 6 Felony

⇾ 10 Days to 2 ½ Years in Jail
⇾ Probation Up to 2 Years
⇾ License Suspension 1 – 10 Years
⇾ Fines Up to $10,000

DUI Crimes and Child Custody

When you are contesting, requesting, or negotiating for child custody in court, you must demonstrate to the judge that giving you rights to child custody, in any aspect, is in the best interest of the child. Therefore, if you have multiple arrests and DUI convictions, it is possible that a judge would not be willing to grant full or partial custody, but rather, supervised visitation or similar setup. On the other hand, if you were convicted of your first DUI, and you have no criminal priors, a judge may be willing to overlook it if you can further demonstrate that you are living a healthy and responsible lifestyle.

Hire an Aggressive DUI Lawyer for Help

The best way to ensure your custodial rights are protected and preserved after being arrested for a drunk driving offense is to retain professional criminal defense representation. But not just any lawyer will do; you need an aggressive attorney who is well-versed and seasoned with DUI cases, and knows exactly how to build a defense to avoid the maximum penalties for your charges.

Call David E. Lewis, Attorney at Law, Today

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana DUI 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.

Can I Get Arrested for CBD Oil?

Posted on November 9, 2018 by admin

Although there are many United States local governments that have legalized medical and/or recreational cannabis use under state law, Indiana is not yet one of them. However, on July 1st earlier this year, the Indiana General Assembly did approve the possession and usage of cannabidiol oil, more commonly known as CBD oil, for recreational use or dietary consumption under Indiana Code (IC) 35-48-1-17.5.

So it can’t get you in trouble with the law anymore, right? WRONG. Continue reading to learn why.

Indianapolis OWI Attorney 317-636-7514

It is Legal to Have CBD Products, However…

So what does this mean in common language? Well, it is now legal to possess “low THC hemp extract” products, such as CBD oil or those that contain it, which the state defines as, “products that are derived from Cannabis sativa L.”, or contain no more than 0.3% delta-9-THC (including precursors).” Such products that fit this description are no longer considered controlled substances in the eyes of Indiana.

BEWARE: Indiana is a Metabolite State

With this new legal language in place for Hoosiers, you can have CBD oil products on your person without the risk of any legal prosecution. However, this does not mean you are in the clear. You see, Indiana is known as a “Metabolite State” when it comes to OWI charges. Basically, if a person is arrested under the suspicious of operating a vehicle while intoxicated, they may be given a blood test to confirm their alcohol toxicity levels. If the person’s blood work shows any metabolites (leftover traces) of a foreign substance with an observable drug-based chemistry, they can be charged with a DUI with a controlled substance (or its metabolite). This includes cannabidiol oil.

What’s the Penalty for Such a Charge?

Under IC 9-30-5-1, a person charged with an OWI with a controlled substance or its metabolite may face a Class C Misdemeanor, which includes up to 60 days in jail and fines of up to $500. Even in the case that the discovered metabolite in their blood is an inactive compound (or a type that wouldn’t cause intoxication if it were in their system), a defendant can still be charged and convicted of the crime.

Facing DUI or Drug Possession Charges in Indiana?

If you are facing DUI or drug possession charges, you need a skilled Indianapolis criminal defense attorney working your case. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case.

How to Get Started on Your Defense

David E. Lewis Criminal Defense Attorney

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

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense. Call as soon as today!

Call Attorney David E. Lewis for Aggressive DUI Criminal Defense You Can Afford

Posted on December 19, 2017 by admin

A DUI conviction doesn’t have to ruin your life. Choose a seasoned criminal lawyer to fight for your rights and preserve your freedoms by building you an aggressive and impactful defense against your alleged drunk driving charges. Choose Attorney David E. Lewis, today.

Indianapolis DUI Lawyer 317-636-7514

DUI Charges Call For Serious Representation

There’s not just one DUI crime in Indiana. There are actually several types of DUI charges a person can face; none of which are penalized the same way. Furthermore, “driving under the influence” doesn’t just pertain to alcohol; it also describes controlled substances or a combination of substances that cause a person to be intoxicated. No matter which DUI charge you are arrested for, if convicted, they can all have serious effects on your life if you do not choose qualified and aggressive private legal counsel. T

rust experienced DWI lawyer, David. E. Lewis, to craft an impactful and strong defense on your behalf, and relieve you of all the stress and worry that comes with a DUI charge. He can secure your constitutional rights and fight for a sentence that preserves employment, limits unjust license suspensions, and caters to the unique needs of your home and family circumstances.

Avoid Max Penalties for DUI Convictions

If convicted of a DUI in Indiana, you could be facing a wide range of penalties based on the specifics of your case. Standard consequences often include jail time, license suspension, probation, fines, and a permanent mark on your criminal record. But there are additional penalties defendants can as well depending on their individual circumstances and criminal history. These include substance abuse education courses, mandatory attendance at victim impact panels, routine urine tests, ankle monitors, ignition interlock devices, and more.

Indiana is an Implied Consent State

In Indiana, every driver that is legally licensed automatically agrees to a legal obligation called “implied consent.” This means licensed drivers agree to surrender to alcohol testing by a law enforcement officer if requested. Refusal to submit to alcohol testing is an offense that results in an automatic 1 year drivers’ license suspension, effective immediately at the time of arrest, and then will also subject them to SR22 high risk auto insurance for 3 years following the arrest. This happens whether a person is guilty or not of intoxicated driving.

Indianapolis DUI Defense

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

Here at The Law Office of David E. Lewis, we understand just how upsetting a DUI charge can be for a person and their family. That is why we are firmly committed to making our clients our top-priority, guiding them through this difficult time with care and compassion. We never back down when it comes to fighting our client’s DUI charges, because we are determined to get them the fairest results no matter how much time and effort it takes.

Furthermore, we don’t just concentrate on reducing or dismissing our clients’ charges, we also make available the necessary resources that will help rebuild their lives and their health after a drunk driving conviction. Call 317-636-7514 to schedule a free initial consultation to discuss your DUI criminal charges, today.

How to Find a Great DUI Lawyer

Posted on October 25, 2016 by admin

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

DUI cases are challenging. It takes a really good lawyer to get you a better outcome than the maximum penalties for your crime. If you were recently arrested and now facing drunk driving charges, don’t trust a public defender to do the job you’re looking for them to do, and don’t trust just any lawyer. You need a criminal defense attorney that retains the qualities and credentials that make them great. Continue reading to learn some helpful tips for finding a great DUI lawyer.

What to Look For:

✤ Experience

Experience says a lot about a lawyer. The more experience they have, the more knowledge they have about the local criminal processes, procedures, laws, ordinances, and all other aspects of the criminal justice system in your town. You want to look for criminal defense attorney that have at least 10 years of experience in your state. This generally indicates they know which arguments are successful in court, and most likely, have long-standing relationships with the local court houses and prosecutors.

✤ Testimonials and Reviews

Look around online for local criminal defense lawyers, and then research their client testimonials and customer reviews. This will give you a good idea of which lawyers are reputable in your area in which are not so popular or experienced quite yet. Aside from online testimonials and customer reviews, you one also ask around. Ask friends, family members, and coworkers if they have any recommendations for a good criminal defense attorney. Only ask people that you trust since DUI charges are a sensitive topic that is usually kept confidential, especially at work.

✤ Consultations

It is recommended to look around for law firms that offer consultations to discuss their services and your case. It is a good sign if you find a lawyer who is willing to meet face-to-face, and an even better sign that they offer to do so for free. In fact, free consultations is a common service offered by most criminal defense law firms. Ones that don’t offer free consultations may be questionable.

✤ Cases Won

Track records are important to look for when looking for criminal defense representation. Choose an attorney with a good track record, one with multiple DUI cases won. If they don’t have some case history available for clients to see, or they refuse to provide such information, they may be questionable to work with.

✤ Website

Is a criminal defense lawyer is serious about their career, they usually have a website. Look at websites to learn more about lawyers and their practice. Websites generally have information about office locations, contact information, practice areas, case history, testimonials, pictures, and much more. This is helpful when deciding on a criminal defense attorney to represent your drunk driving case.

Indianapolis Criminal Defense Attorney

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you need a DUI lawyer in Indianapolis, Indiana. He has decades of experience representing clients in DUI cases, and works around the clock to ensure your rights are protected in your freedoms are preserved. Regardless if you are criminal charges are misdemeanor or felony DUI offenses, he is eager to help you avoid the maximum penalties for your crime. Call 317-636-7514 to schedule a free initial consultation with a trust in Indianapolis criminal defense attorney, today.

What You Should Do if You are Pulled Over for a DUI

Posted on March 1, 2016 by admin

Criminal Defense Attorney 317-636-7514

If you are ever out on the town and have had at least two alcoholic beverages, you could very well be over the state legal limit for drinking and driving. This of course depends on several variables, including your weight, the type of alcohol imbibed, the amount of alcohol consumed, the time period in which the alcohol was consumed, and more. In Indiana, any driver that has a blood alcohol content (BAC) of 0.08 percent or more is considered legally intoxicated and guilty of drunk driving. The legal limit drops to 0.04% for commercial drivers, and even lower to 0.02% for underage drivers.

If a police officer suspects that a driver is intoxicated, they will proceed to pull them over and investigate. In other instances, a person may be pulled over for something entirely unrelated, but if the officer observes any visual cues that are indicative of intoxication, they will proceed with a spontaneous DUI investigation. Either way, if you are ever pulled over by law enforcement, and you have been drinking, be sure you know what to do and how to behave for the sake of protecting your rights and preserving your freedoms.

When You See the Red and Blue Lights Come On…

Pull Over Appropriately. Do not panic or make any sudden jerking movements. Just signal your light and slowly pull over out of the way of traffic. In Indiana, you must always pull over the right side of the road. If you pull over on the left, law enforcement will immediately suspect you may be impaired.

Stay Inside Your Car. Once you are pulled over to the side of the road, turn your engine off and remain in the car. Put on your blinkers, and if it is dark out, turn on your interior light. Now that you have done all this, place your hands on the steering wheel and keep them there until the officer arrives. This process demonstrates behaviors that are least likely to raise concerns for a cop. It is honest and normal behavior, not suspicious. Only get out of the vehicle if the officer asks.

Avoid Suspicious Behaviors. You are always being observed on a traffic stop, it is part of law enforcement training. Everything you do is being noted mentally or by video surveillance. Do not do anything that looks as though you are attempting to hide or conceal something. For example, a cop can search you and your vehicle if he sees you lean forward after he pulls you over. This indicates you are trying to hide something under the seat. Small behaviors like this can raise suspicion in law enforcement. Do not spray anything to mask smell, insert eye drops, chew gum, eat a mint, or fidget for paperwork and other items. These are all cues that you are perhaps hiding or guilty of something.

Be Respectful and Obedient. Do everything that the officer asks of you and be polite. Remember, they are in complete control. Do not talk back, argue, or ask questions. Use relaxed and non-offensive body language. Any impression of stubbornness or aggression is detrimental to your outcome.

Do Not Volunteer Information. Never over share information to a cop when being pulled over and questioned. Answer their questions without volunteering any additional information and keep a respectful tone. Talking too much can get you into more trouble. Not only can you mix up or contradict your story, you can allow an officer to get a whiff of any alcohol on your breath.

Do Not Say How Much You Have Had to Drink. When an officer asks you, and he will, how much you have had to drink, be careful what you say. Do not offer “underestimations” of how much you drank. This can be detrimental to your defense when it is time for your trial. Instead of saying, “I had one or two drinks” or some other under-estimation (especially if it’s untrue), simply remain silent, or say you don’t recall what you had to drink. You don’t want to blatantly lie to a police officer. And the judge for your hearing will know you lied if your BAC turned out to be higher than that of a person who has had “one or two” drinks.

Do Not Refuse BAC Testing. Indiana is an “implied consent” state. This means if you have a drivers’ license, then you automatically consent to BAC testing anytime. It is the law. If you refuse, your license will be automatically suspended for 12 months, and you will still be arrested. If an officer asks to perform a field sobriety test, politely ask if it is voluntary. If not, ask if you can have a breathalyzer instead. Although you should avoid asking questions, in this case it is okay since it could help you defense later on.

DUI Defense in Indiana

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

Call David E. Lewis Attorney at Law at 317-636-7514 for aggressive and experienced criminal defense for DUI charges in Indiana. He is a licensed DUI defense lawyer that fights for his client’s rights and the preservation of their freedoms. Schedule a free initial consultation to learn the next steps after being arrested for drunk driving in Indiana. Act fast so that Attorney David E. Lewis can begin building a strong and impactful defense for your case to reduce or dismiss criminal charges. Call 317-636-7514 for DUI defense in Indianapolis, IN you can trust.