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!

What is the Indiana Implied Consent Law?

Posted on May 27, 2020 by admin

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.

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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.

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How to Avoid a DUI After Drinking Craft Beer

Posted on December 4, 2018 by admin

Breweries are a popular trend that is continuing to expand all across the city and state. In fact, there are more than 160 craft beer breweries here in Indianapolis alone! If you plan on enjoying some specially-crafted beers on your next night out, there are some important considerations you need to know first.

Continue reading to learn why craft beers pose a certain danger on the road, and what you can do to avoid such trouble in the future.

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Craft vs. Draft

Back in the day, most people drank draft beers, such as Coors™ or Budweiser™, since those were the primary options available on tap at the local bars. But now, beer-drinking patrons have the option of choosing from a vast selection of local breweries, whose owners craft their own unique styles of beer. As for comparing drafts to crafts, the major differences are fermentation style, taste, and price. However, one critical difference that is commonly overlooked is alcohol content. This happens to also play a major role in terms of drunk driving.

Craft Beers and Alcohol By Volume

Traditional draft beers, like Budweiser™ and Miller Light™, have a much lower Alcohol By Volume (ABV) content than the average craft beer. Draft beers range between 4 and 6 percent alcohol content, whereas craft beers can range between 7 and 18 percent alcohol content. So what does this mean for your next night out? It means that you should not drive home after consuming more than 1 craft beer.

For example, the Four Day Ray Brewery in Fishers offers a craft beer on tap called FALA Scotch Ale, which has an ABV of 7.8% per pint. They offer another called Grapefruit Track Jumper IPA India Pale Ale, which has an ABV of 6.8% per pint. Similarly, Mashcraft Brewing in Greenwood carries a Double IPA called 18th Street Overlords Revenge that has an ABV of 8% per pint.

Avoiding DUI’s

If you are a craft beer drinker, you should understand that the risk of being arrested on a drunk driving charge is much higher because they will get you more drunk than traditional beers on tap. For instance, the popular “1 drink per hour” rule would not work the same with craft beers as it would with domestic beers. One or two domestic beers might keep you within the legal limits to drive, but the same amount of craft beers will likely render you intoxicated under state law.

In Indiana, a Blood Alcohol Content (BAC) of 0.08% or more is strictly illegal. If you are pulled over by police, and your breathalyzer test reads more than 0.08 percent, you will be arrested on drunk driving charges. To avoid a DUI, be sure to inquire about ABV’s and keep track of how much you drink. Also, imagine that for each craft beer you drink, it is equal to two or three. When in doubt, even just a little, call a ride.

*******In Indiana, a criminal defense attorney has only 10 days to save your driving privileges. So if you are facing DUI charges from a recent arrest, you need to get in touch with a licensed crime lawyer ASAP!

An Indianapolis DUI Lawyer You Can Trust

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!

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