Tag Archives: duis

8 Ways You Can Be Charged With Intoxicated Driving

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Intoxicated driving charges are very serious, and the law is designed to use such cases as a means to set an example for the rest of the public. The laws surrounding OWI charges vary from state to state, as do the possible enhancements that can increase the severity of the charges. There are several ways you can be charged with operating a vehicle while intoxicated.

Continue below to learn the 8 types of DUI charges, what they mean, and how you can beat them with skilled legal representation.

DUI Lawyers Near Me Indianapolis Indiana 317-636-7514
DUI Lawyers Near Me Indianapolis Indiana 317-636-7514

Types of OWI Enhancements

Potential OWI enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a blood alcohol concentration (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.

Aggravated DUI

An aggravated DUI is any average DUI charge, but with enhancements. See enhancement examples above. 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.

Drugged Driving (DUID)

Alcohol is not the only substance that can lead to a DUI arrest. Operating a vehicle while under the influence of Schedule I or Schedule II drugs, whether legal or illegal, can lead to a DUID charge in Indiana, which stands for “driving under the influence of drugs.” A police officer can legally arrest you for a DUID charge simply based on a reasonable suspicion that such drugs are in your system.

DUI Accidents

Driving under the influence of drugs or alcohol is a serious crime in itself; but couple it with an accident and the charges get worse. In Indiana, DUI-related accidents are labeled as Felony DUI charges, and come with severe penalties.

DUI Manslaughter

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.

Felony DUI

First-offense DUI charges are generally misdemeanors. But with enhancements or previous convictions, DUI charges turn into a felony very fast. Such factors include multiple convictions, fatalities, presence of children, bodily harm, property damage, and more. With the help of a tough defense lawyer, felony DUI charges can sometimes be reduced to lower felonies or misdemeanors.

Misdemeanor DUI

A typical DUI charge in Indiana is a misdemeanor crime, unless there are enhancements involved, or a person has prior DUI convictions within a certain time frame (usually 5 to 10 years). First time DUI offenses are Class C misdemeanors, but with BAC levels higher than 0.15%, they jump to Class A misdemeanors. With the help of a tough defense lawyer, Level 6 felony DUI’s can often times be reduced to DUI misdemeanors.

Property Damage DUI

When a DUI accident ends with property damages, the penalties and fines increase dramatically. A person can expect longer jail time, harsher sentencing agreements, and extreme fines. And although these are considered aggravated DUI’s, they are not always charged as felonies. However, if property damages are extensive, the charge is likely to increase to a felony.

Underage DUI

Indiana has a “per se” stance on underage drinking and driving. This means there is a zero-tolerance rule for underage drinking. Any person under the age of 21, the national legal drinking age, is forbidden to consume or purchase alcoholic beverages. Underage drinking is a crime in itself, but combined with driving and DUI charges, underage drinkers face serious penalties. Standard penalties include license suspension, jail time, probation, hefty fines, community service, and diversion programs.

Are you looking for criminal defense attorney who can help you reduce your OWI criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer about your Indiana DUI charges. Our legal team can help you obtain the best possible outcome to your criminal matters!

Related Posts:

5 Types of Probable Cause for DUI Traffic Stops
Possible Sentences for a Second OWI Charge in Indiana
You Have Only 10 Days to Save Your Driving Privileges After a DUI Arrest
Possible DUI Penalties for Commercial Drivers

Will My Criminal Charges Effect My Indiana Drivers’ License?

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When we were finally granted our driving permit at 15 years old, we were so excited to finally have an opportunity to feel what it’s like behind the wheel. At 16, we finally earned our drivers’ license, and felt empowered with our new-found independence. Ever since, we have relied on our vehicles to drive us around town, and in some cases, earn us a living. Needless to say, our driving privileges are something to certainly appreciate, and protect.

So, after being arrested on criminal charges in Indiana, one might immediately, wonder how their charges will affect their drivers’ license status. This is especially important for those who, as mentioned, earn a living through driving, such as ride-sharing employees, bus drivers, delivery drivers, mailmen, and more. If you are wondering what’s to become of your current driving privileges now that you are facing criminal charges, it is helpful to simply learn what to expect under Indiana law.

Continue reading to learn how criminal charges tend to impact a defendant’s drivers’ license, as well as, who to hire for aggressive criminal defense in Indiana.

Indiana DUI Attorneys 317-636-7514
Indiana DUI Attorneys 317-636-7514

Indiana Drivers’ License Suspensions and Restrictions

Criminal charges range from minor to major, on a vast scope of offenses. Upon sentencing, a judge can choose to grant a wide spectrum of driving authorizations for an offender depending on several factors. Such factors might include past criminal history, age, employment, and more. If drivers’ licenses are modified by a judge, they can choose how to do so at their own discretion. They may only allow a person to drive to and from school or work, or simply allow offenders to drive during specified times of the day.

In most cases, however, driving privileges are only revoked or restricted for those convicted of operating a motor vehicle under the influence of drugs, alcohol, or a controlled substance. These are known as DUI’s, DWI’s, and OWI’s, all of which mean the same type of charge. For cases of drunk driving, they may also assign an ignition interlock device on their vehicle to prevent future intoxicated driving if they are a habitual offender.

Reinstating Your Driving Privileges After a DUI Arrest

After being arrested under drunk driving charges, if you didn’t refuse a chemical test, and it hasn’t been 10 days since the arrest, you may qualify to have your driving privileges saved from suspension! What was once called a “hardship” or “probationary” license is now referred to a “specialized driving privileges” (SDP) in Indiana.

Specialized Driving Privileges (SDP)

Specialized driving privileges can be given to those whose drivers’ licenses have been suspended for a temporary amount of time. They can only be granted by a court, and vary depending on a judge’s discretion. A judge will decide the limits and extent of a person’s SDP’s by taking into consideration their past records and current traffic or driving infractions. Habitual traffic offenders and serious violators will be less likely to have lenient driving authorization, whereas a person who’s been charged with their first DUI may be given more rights.  If your license has been permanently revoked, you would not be eligible for SDPs in Indiana.

Specialized driving privileges can include a wide spectrum of driving consents. But again, the extent of permission is entirely up to the court. A judge may allow a person to drive to and from work, to and from school, to and from daycare, or simple drive during certain specified times of the day. They may also allow you to drive anywhere and anytime you like, with the condition of an ignition interlock device (IID), which prohibits drivers from starting their vehicles under the influence of alcohol.

Specialized driving privileges, when granted, are usually given for at least 180 days. Those who qualify and do not qualify for SDPs include a broad range of people. For instance, the legislature decided that SDPs do NOT apply to those who have never had a valid drivers’ license, who have a commercial drivers’ license (CDL), and who have refused a chemical test (IN 9-30-6).

Where to Find a Skilled DUI Defense Lawyer in Indiana

If you do not already have a licensed Indianapolis DUI defense lawyer working on your Indiana criminal case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Federal or Indiana criminal charges so that you have a chance at avoiding the maximum penalties for your alleged crimes, and maintaining your driving privileges. Our esteemed criminal defense law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.