Tag Archives: DUI charges Indiana

When You Might Go to Jail for a DUI

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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
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.

Indianapolis Criminal Defense 317-636-7514
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Possible Criminal Defense Strategies to Beat a DWI

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Were you or a loved one just arrested and charged with some version of a DWI? If so, it is important to get started on your legal defense as soon as possible, especially if the circumstances of the arrest might get you out of trouble with the law. How do you expect to beat a criminal charge for driving while intoxicated? The answer is by obtaining a skilled and aggressive criminal defense attorney.

Continue reading to learn some of the most common and effective defense strategies a lawyer might use to fighting a drunk or drugged driving charge.

Indianapolis DWI Attorney 317-636-7514
Indianapolis DWI Attorney 317-636-7514

Don’t Fall for Old Wives’ Tales

There are many false assumptions and mentions on how to beat a DUI conviction, but the only real way to get your charges dropped or dismissed is by building a strong and impactful defense. The most common DUI defenses include improper police stops, improper field sobriety test protocol, medical conditions, Miranda right violations, and introduction of evidence at trial.

Improper Police Stops

Unless police had a reasonable suspicion that you were conducting criminal activity, they are not legally allowed to pull you over. A simple instinct or gut feeling is not enough to pass as reasonable suspicion. If police stops or pulls someone over illegally, any evidence gained is inadmissible. Police can legally pull you over for vehicular malfunctions, like a broken tail light.

Improper Sobriety Test Protocol

All police are required to adhere to strict protocols when testing a citizen’s sobriety in the field. These field tests have predetermined procedures that cannot be veered from. If police do not follow these protocols precisely, the evidence gained during a field test would be inadmissible in court.

Medical Conditions

One of the most common and effective defenses against DWI charges is proving a relevant medical condition, such as those that might give off the appearance of intoxication or distort the results of a roadside breathalyzer test. This might include epilepsy, diabetes, anemia, neurological problems, and exhaustion.

Miranda Right Violations

According to our Constitutional rights, police must inform all suspects under arrest that they are officially being arrested and are not free to leave. Furthermore, police are required by law to inform the arrested suspect of their rights, including their right to remain silent, their right to a lawyer, and more. If an officer fails to do this, it is considered a violation of your Miranda Rights.

Civil Procedure Violations

A DUI defense strategy that has worked well for many defendants doesn’t come into play until the day of trial. If evidence or state rules of civil procedure are violated in any way, a case can be dismissed. This might include improper character evidence, hearsay, and unauthenticated documents.

Contact a DUI Criminal Defense Attorney Today

Call 317-636-7514 to discuss your recent DUI arrest with aggressive Indianapolis DUI defense attorney, 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.

Can a DUI Charge Affect My Right to Child Custody?

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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
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.

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

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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

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

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.

Current Law Enforcement Trends for Detecting High Driving

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Indianapolis Drug Crime Lawyer 317-636-7514

Indianapolis Drug Crime Lawyer 317-636-7514

Many states with the U.S. are moving toward some form of legalization for cannabis, or marijuana. However, Indiana is not one of those states. Driving high will render you the same legal consequences as driving drunk here in the Hoosier state. But how do cops know a person is under the influence of marijuana? Testing for alcohol is a much easier process, but law enforcement is finding new ways every day to monitor and regulate the increasing amounts of high drivers.

Driving Drunk

When is a driver is suspected of being under the influence, cops simply use a variety of tests to read gauge their level of intoxication, otherwise known as blood alcohol level (BAC). This includes breathalyzer tests, which have been used since the early 1930’s, as well as, field observation tests and blood tests. Having a blood alcohol level higher than 0.08% will get you a drunk driving charge, which is a serious criminal offense in Indiana. Sadly, the majority of fatal car crashes are alcohol-related. Regulating blood alcohol levels is easy to do, and has been for quite some time, however, the story is not so similar in terms of driving high.

Driving High

Indianapolis Drug Crime Lawyer 317-636-7514

Indianapolis Drug Crime Lawyer 317-636-7514

Currently in Indiana, there is not an accurate, roadside equivalent test for marijuana, but there is a zero tolerance policy for driving high. And although it is more difficult to test for cannabis during a routine traffic stop, it may be possible. Officers are trained to look for a wide range of visual, physical, and behavioral signals that are known indicators of intoxication. This includes impaired speech, bloodshot eyes, lack of focus, odd behavior, residual marijuana smell (or smoke), and more. They can also implement standardized field sobriety tests (horizontal gaze nystagmus, walk and turn test, one-leg stand) to gauge a person’s reflexes and agility.

There are a variety of roadside oral fluid testing devices being tested by select law enforcement departments. These devices basically swab a person’s saliva, but they are not yet proven or even approved methods of measuring THC in Indiana. In states where recreational or medicinal marijuana are legal, it is allowed to drive with a certain, pre-determined level of THC, or Tetrahydrachloride (the chemical in cannabis that appears on drug screens). For example, Colorado allows up to 4 nanograms of THC in a drivers system, legally. Anything higher is considered intoxicated driving.

Indianapolis Criminal Defense Lawyer

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing marijuana drug charges in Indiana. Our law firm works day and night to develop a strong and impactful defense for your case. We do everything in our power to protect your rights, preserve your freedoms, and obtain the fairest outcome possible for your case. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer who will fight for you.