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.

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’ li c ense from suspension – so call NOW!

Understanding DUI Laws in Indiana: A Comprehensive Guide

Posted on August 30, 2023 by admin

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

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

Call 317-636-7514 to Speak With a DUI Criminal Attorney in Indianapolis Indiana

Indiana DUI Laws and Penalties

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

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

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

The DUI Arrest Process and Implications

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

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

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

Defending Against OWI Charges in Indiana

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

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

How New Technology is Changing the Face of DUI Testing

Posted on January 17, 2023 by admin

Driving under the influence (DUI) of drugs or alcohol is a serious offense, and in recent years DUI testing has become more sophisticated and accurate. With new technology being developed every day, DUI testing is becoming even more reliable. In this blog post, we’ll discuss how new technology is changing the face of DUI testing and what implications it could have for those charged with drunk driving offenses as well as their lawyers. We will also examine some of the legal issues that arise when using these newer technologies in court cases.

So, if you are facing a DUI charge or know someone who is, read on to learn about how new technology might be able to help your case!

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

The Evolution of Alcohol Testing Technology

Sobriety Field Tests

Let’s start with the old fashioned ways of testing suspected drunk drivers: field sobriety testing. Law enforcement has a powerful tool in sobriety field tests to help protect citizens from drunk drivers. These standardized tests can be conducted during routine traffic stops or as part of an officer’s investigation into possible impairment caused by drugs or alcohol. They involve tasks and activities designed to evaluate physical coordination, judgment, and sobriety. Some sobriety tests involve balance exercises like the one-leg stand, while others involve finger dexterity and responses to simple commands. When administered properly, sobriety field tests are invaluable for evaluating whether a driver is fit to drive and ensuring roads are safe from the dangers associated with drunk driving.

Breathalyzers

One of the biggest changes that has been made to DUI testing is the introduction of breathalyzers. These are used by law enforcement officers to measure a driver’s blood alcohol content (BAC). The more sophisticated devices can even detect trace amounts of alcohol, meaning that even if a driver thinks they haven’t had anything to drink, they could still be over the legal limit. This is a major shift from traditional methods of testing, which often rely on loose estimations and subjective opinions.

Blood Testing

Another major change in DUI testing technology has been the introduction of blood tests. These are much more accurate than breathalyzers and can detect even tiny amounts of alcohol or drugs in a person’s system. This creates a much more reliable method of testing, as well as giving law enforcement officers the ability to have a record of a driver’s BAC at the time of their arrest.

Sobriety Checkpoints

Finally, there is the issue of sobriety checkpoints. These are being increasingly used across the country to help reduce drunk driving and have been largely successful. However, there are legal issues that arise when using sobriety checkpoints due to the fact that they may infringe on a driver’s privacy rights. For this reason, DUI lawyers need to be aware of these legal considerations in order to ensure their clients’ constitutional rights are being respected.

Talk to a Qualified Drunk Driving Attorney in Indianapolis ASAP

Overall, it is clear that new technology is changing the face of DUI testing. With more accurate devices and legal considerations in place, it is important for attorneys to stay up-to-date on the latest developments so that they can provide quality service to their clients. If you or someone you know has been charged with a DUI offense, it’s critical to speak to a qualified Indianapolis DUI lawyer as soon as possible. Doing so can make all the difference in your case and help ensure that you get the best possible outcome.

Furthermore, by staying informed about the latest developments in DUI testing technology, you can rest assured that any legal issues arising from the use of these technologies will be addressed properly by an experienced lawyer. With the right DUI attorney, you can be sure that your rights are being respected and that you have access to the best legal representation available. Remember, when it comes to DUI testing technology, knowledge is power!

Refused a chemical test or arrested for DUI in Indiana? Don’t wait a day longer to get started on your DUI defense. Contact Attorney David E. Lewis at 317-636-7514 right away to safeguard your rights and secure your future after being arrested for a DUI in Indianapolis. Our law firm will tenaciously dispute all elements of the case against you, including any testing results in order to help achieve an improved result in court.

FAQS About DUI Checkpoints

Posted on September 11, 2017 by admin

Catch up on some important sobriety checkpoint facts by reading these frequently asked questions and answers!

Criminal Defense Law Firm 317-636-7514

What is a DUI checkpoint?

A DUI checkpoint is more appropriately called a sobriety checkpoint, since that is the umbrella purpose. They are tools intended to check a person’s sobriety to ensure they are not driving under the influence of drugs or alcohol. Sobriety checkpoints are controlled and conducted by law enforcement, and can be set up on any public roadway or intersection in the city.

Where are DUI Checkpoints?

In many cases, there is more than one DUI checkpoint underway at one time, and they can be spread all over different parts of the city. You can never know where they will pop up, as their locations and times are chosen at random under the discretion of local law enforcement agencies. Generally, they are put into action on regular weekends, or during busy events like festivals, parades, races, game days, concerts, and more.

Are DUI Checkpoints Legal?

Many drivers think they do not have to stop at a DUI checkpoint, or that they can refuse to roll down their window and talk to police due to their rights protected by the 4th Amendment. But in 1990, the United States Supreme Court affirmed that sobriety checkpoints do not violate our right against unreasonable search and seizure. This means that DUI checkpoints are legal, and furthermore, mandatory by law for anyone who has a drivers’ license. However, law enforcement is legally obligated to adhere to strict criteria to ensure safety and legality standards are met.

Do I Have to Take a Sobriety Test?

You do not have to take a field sobriety test, as they are not mandatory by law; however, chemical tests are different. Indiana is an implied consent state, which means that by having a drivers’ license you automatically consent to chemical testing (breath, urine, or blood). If you refuse to take a chemical test, you will automatically lose your driving privileges for one year. And you will still go to jail and face criminal charges.

What Rights Do I Have at a Sobriety Stop?

If you pull up to a sobriety checkpoint, your rights are the same as they would be with any other routine traffic stop. You are required to cooperate with law enforcement, and give them your name, drivers’ license, and registration. You do, however, have the right to remain silent. You don’t have to answer additional questions outside of your name, address, and driving documents. You should not offer more information than you need to, and never admit to guilt.

What Do I Do if I Am Facing DUI Charges?

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

Call Attorney David E. Lewis at 317-636-7514 for aggressive DUI criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor criminal charges by calling David E. Lewis, Attorney at Law, today!

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

Tag Archives: DUI checkpoints