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!

The Potential Consequences of a DUI Arrest in Indiana

Posted on March 29, 2023 by admin

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.

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.

Possible Criminal Defense Strategies to Beat a DWI

Posted on November 18, 2019 by admin

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.

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.

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