Demystifying DUI Defense Strategies in Indiana

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.

Call 317-636-7514 to Speak With a Trusted DUI Lawyer Near Indianapolis Indiana
Call 317-636-7514 to Speak With a Trusted DUI Lawyer Near Indianapolis Indiana

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’ license from suspension – so call NOW!

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The Potential Consequences of a DUI Arrest in Indiana

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.
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.

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Common Arrests That Happen on Halloween and How to Avoid Them

Halloween is a fun and festive seasonal holiday that brings about all sorts of innocent mischief. But sometimes, after too much celebrating, adults can find themselves in a not-so-innocent position with the law. In fact, a much higher number of arrests happen on this night compared to most other nights of the year. So, if you are planning to hit the streets this weekend to celebrate Halloween with your friends and loved ones, be sure you are behaving safely, and within the law. The police will be out policing, doing their job to protect us and the community from danger, which means you have a higher chance at being caught in the middle of mischievous conduct. Perhaps learning which types of arrests are more frequent on Halloween can give yourself a good reminder on which situations to avoid.

Continue reading to do just that, as well as what to do if you or a loved one is taken to jail on Halloween.

Indianapolis Criminal Defense Law Firm 317-636-7514
Indianapolis Criminal Defense Law Firm 317-636-7514

The Most Common Types of Halloween Arrests

Drunk Driving Arrests

Between parties and bar crawls, many people on Halloween are drinking alcohol. Since a larger number of people are drinking, more people are drinking and driving, which is why there are a lot of DUI arrests that take place on Halloween. Do not drive after having more than 1 drink to be safe. There will be DUI checkpoints out this weekend, so do not set yourself up for failure. A Lyft or Uber is much cheaper than all the court costs, fines, and probation fees you’ll have to pay if charged with a DUI.  

Public Intoxication Arrests

We’ve covered that people drink a lot more on holidays like Halloween. There are parties outdoors, in neighborhoods, and on the strips of popular city areas. This combination leads to a larger number of public intoxication charges. Just because you choose to not drive does not mean that you can’t still be arrested for being drunk. So long as you are not a public nuisance and disturbing the peace, you should be fine hopping from bar to bar, or walking home. If you are passed out, getting sick in public, being aggressive with others, making threats, or simply being too loud, you could be putting yourself at risk for a PI or disorderly conduct arrest.

Assault and Battery Arrests

As mentioned, alcohol consumption plays a large role in Halloween festivities. And when people drink, their emotions can tend to heighten. For this reason, a high number of altercations take place in bars, at house parties, and on the streets. If you make threats, attempt to harm, or actually assault another person, you could be at risk of being arrested for assault. Claiming to kill someone or hurt them can be charged as assault, while physical contact is battery.

Theft Arrests

On Halloween, a lot of theft happens. On any holiday where people tend to be out of their houses attending other parties or festivities, home burglaries and car thefts are more common. Since people are also masked at night on this holiday, it is easier for thieves to conceal their identity, or evade looking suspicious to others in the community.

What to Do After Being Arrested on Halloween

If by some flash of bad luck, or simply being in the wrong place at the wrong time, you or a loved one is arrested this Halloween, immediately contact an Indianapolis criminal lawyer so they can begin building an impactful, rock-solid defense against your charges. The longer you wait to retain legal counsel, the more time you waste protecting your rights and preserving your freedoms. In fact, after an arrest, your next few moves will greatly influence the outcome of your case. So, having a skilled and experienced defense attorney on the job is a monumental advantage. In the case that you are arrested this weekend, it is vital to remain calm and make good decisions. Here’s how to do that.

An Indianapolis Criminal Defense Lawyer That Won’t Back Down

Call Attorney David E. Lewis at 317-636-7514 if you are arrested on Halloween in Indianapolis, Indiana. Our criminal defense law firm works around the clock to protect your rights and preserve your freedoms. David E. Lewis, Attorney at Law, has decades of trial and litigation experience, and will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.

Indianapolis Criminal Defense 317-636-7514
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Do Not Fall for These OWI Arrest Myths

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.

If you are currently facing criminal charges for drunk or intoxicated driving, it is critical to hire a private defense attorney who can protect your rights and preserve your freedoms. In the meantime, it is also wise to educate yourself about OWI’s and subsequent charges to better understand the penalties you may face.

So, continue reading to learn the top 3 misconceptions about OWI’s and subsequent charges.

Indianapolis OWI Lawyer
Indianapolis OWI Lawyer 317-636-7514

Common OWI Misconceptions

#3 Fifty Percent of Road Fatalities are a Result of Drunk Driving

This statistic is well and wide-spread, but it is simply inaccurate. In fact, it is a bit embellished. The reality is that 40 to 50% of highway fatalities are “alcohol-related”, but this does not mean that all 40-50% are drunk-driving related. This statistic also includes pedestrians and passengers who may have had alcohol in their system. It is also inaccurate because these statistics include those with nominal amounts of alcohol in their systems, meaning only a drink or two, which does not necessarily make every person intoxicated. A more accurate representation of drunk driving fatalities lies more around ten percent.

#2 Lowering the Legal BAC Level Will Abate Drunk Driving Arrests

Humans have imbibed on fermented, alcoholic libations for centuries. And lowering the BAC levels will not thwart people from drinking. Accordingly, it is not likely it will change the rate of drunk driving either. You see, the average DUI BAC level is between 0.15 and 0.17 percent, so lowering the legal limit will not make an impact on those who are a serious threat.

#1 Breathalyzers Accurately Measure BAC Levels

This is a common myth about DUI’s and roadside chemical breath testing. Unfortunately, these devices are not always accurate at measuring the exact alcohol content in a person’s system. This is because breathalyzers only measure the amount of alcohol content on a person’s exhaled air. This is not always an accurate (nor reliable) indication of a person’s toxicity or impairment levels, especially since there are so many variables that can influence the number derived from such devices. This include body temperature, stomach fluid, rate of respiration, and more. Talk to a criminal attorney for help defending an inaccurate breathalyzer test.

The Truth About OWI’s

Being charged with an OWI can come with steep penalties and fines. This may include jail time, community service, restricted or suspended drivers’ license, ignition interlock device, ankle monitoring, house arrest, and more. It is encouraged to retain private counsel from an experience criminal defense attorney for the best chance at avoiding the maximum penalties for your OWI charges.

An Indiana Criminal Defense Law Firm That Will Fight Your OWI Charges

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a DUI or OWI in Indianapolis, Indiana. Our Indianapolis DUI defense team offers free initial consultations for anyone who wishes to discuss their recent OWI charges. If you have past convictions, we are also well-versed in Indiana expungement laws and provides criminal record expungement services starting at $850. Call 317-636-7514 to make an appointment today, and get started building an impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514
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What is the Indiana Implied Consent Law?

When a driver is arrested for a drunk driving offense in Indiana, the most important piece of evidence law enforcement can collect at the scene is the driver’s blood alcohol level, or BAC. This simple, numeric figure is vital to the prosecution, as it is their primary tool to prove that a defendant was operating a vehicle under the influence of alcohol, and over the legal limit at the time of their arrest.

The legal BAC limit in Indiana is 0.07%, so a person who operated a vehicle at a BAC higher than this percentage is subject to drunk driving criminal charges and subsequent penalties. Many drivers feel confident that they can simply refuse a chemical breathalyzer test in order to avoid giving BAC evidence to police. However, Indiana has an implied consent law, which places certain legal obligations on licensed drivers.

Continue reading to learn more about the Indiana Implied Consent law, and what you need to know about protecting yourself after being charged with a DUI in Indianapolis or its surrounding areas.

Indianapolis Drunk Driving Attorney
Indianapolis Drunk Driving Attorney 317-636-7514

Indiana Implied Consent Law

The Indiana Implied Consent law is pretty straightforward, and therefore, easy to understand. You see, as a licensed Indiana driver, you automatically agree to a legal obligation called “implied consent.” So, this means that it is against the law to refuse chemical testing by law enforcement when under the suspicion of drunk driving. In addition to breathalyzers, law enforcement might use other types of testing, such as blood testing, urine testing, and field sobriety tests.

If you do refuse to take a chemical breathalyzer test, you are automatically, without adjudication, penalized. 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 after the arrest. This happens whether a person is guilty or not of intoxicated driving.

How to Deal With DUI Charges

If you were recently arrested for a DUI in Indianapolis or its surrounding counties, your first priority should be to retain the services of a licensed criminal defense attorney who specializes in drunk and drugged driving cases. From there, your next priority is to continue going to work and obeying the law. If you fail to hire a skilled drunk driving lawyer to protect your rights and preserve your freedoms, you will risk being sentenced to the maximum penalties for your charges.

Get Aggressive and Skilled DUI Criminal Defense in Indianapolis

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a DUI misdemeanor or DUI felony in Indianapolis, Indiana or within its surrounding counties. Attorney David E. Lewis is here to ensure your rights are protected and you avoid jail time. Our law firm offers free initial consultations to discuss the best course of action for your DUI defense. Contact our Indianapolis criminal law firm today to get started.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!