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The Legal Penalties of Drugged Driving in Indiana

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The dangers of drugged driving are becoming increasingly clear. While most people know the risks associated with drinking and driving, drugged driving is a growing problem that can have serious legal consequences. Driving under the influence (DUI) of drugs or alcohol is illegal in all 50 states, and drivers found guilty of drugged driving could face hefty fines, license suspension, jail time, and more.

In this blog post we’ll look at the legal penalties for drugged driving in Indiana so Hoosiers everywhere can understand exactly what’s at stake if you’re caught operating a vehicle while intoxicated.

Call 317-636-7514 to Speak With a DUI Drugged Driving Lawyer in Indianapolis.
Call 317-636-7514 to Speak With a DUI Drugged Driving Lawyer in Indianapolis.

Indiana Drugged Driving Laws are Harsh

In Indiana, driving while under the influence of drugs, prescription or illicit, is considered a serious criminal offense. Generally speaking, drugged driving laws in the state are similar to DUI laws for alcohol. If you are pulled over and suspected of drugged driving, law enforcement will likely administer field sobriety tests and chemical testing before taking any further action. A person can be charged with drugged driving in Indiana if they are found to have any quantity of drugs in their system that impair their ability to safely and legally operate a motor vehicle. This includes illegal substances such as marijuana and cocaine, but also prescription medication such as opioids (i.e. hydrocodone, oxycodone, Percocet, etc.) and sedatives (i.e. benzodiazepines, barbiturates, “Z-drug” sleep medications, etc.).

Drugged Driving Convictions

If convicted of drugged driving, penalties vary depending on the severity of the case. For a first offense drugged driving conviction, the penalties can include up to 60 days in jail and/or a fine of up to $500. Additional fines may apply, such as those related to court costs and attorney fees. An offender may also be ordered to complete an alcohol or drug education program at their own expense. Other consequences could include license suspension and/or a six-month probationary period, as well as a combination of restitution, community service, ankle monitoring, and house arrest.

Habitual Offenders

For repeat drugged driving offenses, the penalties are even more severe. A second drugged driving conviction could include up to one year in prison and/or fines of up to $1,000. A third drugged driving conviction can carry a sentence of up to three years in prison and/or fines of up to $10,000. Additional consequences may include community service, mandatory treatment programs, and license revocation.

Driving on Drugs is a Serious Crime

It’s important to understand that drugged driving is a serious offense and can have serious legal penalties. If you are found guilty of drugged driving in Indiana, it’s best to contact an attorney as soon as possible. With the help of an experienced Indianapolis drugged driving attorney, you can understand the legal penalties and explore available options for reducing or eliminating them. Remember – driving under the influence of drugs, whether prescription or illegal, is a crime that not only puts you at risk, but also other drivers on the road. Don’t take chances with your safety or the safety of others behind the wheel. Understand the law, make smart decisions, and stay safe!

If you have been charged for driving under the influence, it is crucial that you enlist an experienced DUI lawyer to fight tenaciously against every aspect of your drug case and strive to achieve a more favorable outcome in court. Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense lawyer in Indianapolis, Indiana about your drugged driving charges, today. We can meet over the phone, via online video conference, or in person at our office.

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Possible Sentences for a Second OWI Charge in Indiana

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Whether you are checking in for yourself or a loved one, a second OWI charge in Indiana is something to be concerned about, especially if it’s happened within 5 years of the first. Although it can vary slightly from county to county, the general bail and criminal sentencing guidelines for a second intoxicated driving offense is something you can rely on for a predictable list of possible court outcomes.

Continue reading to learn how the state penalizes a second DUI charge, and what you can do to avoid the maximum sentence as a defendant in an Indiana criminal court.

Indianapolis DUI Attorney
Indianapolis DUI Attorney 317-636-7514

OWI Charges are Serious at Any Level in Indiana

Just one DUI charge is enough to cause great concern. Indiana takes intoxicated driving very seriously, and the sentencing guidelines for such crimes show. A first drunk driving conviction is a Class C Misdemeanor, which will leave an offender facing possible jail time of 60 to 360 days, up to $5,000 in fines, up to 2 years supervised probation, up to 2 years license suspension, and more.

OWI, DUI, & DWI are INTERCHANGEABLE terms. They are all the SAME OFFENSE in Indiana.

As for a second DUI charge, the penalties are much harsher. A second drunk driving conviction is a Level 6 Felony, which leaves an offender facing possible jail time of 6 months to 2 ½ years, up to $10,000 in fines, 6 months to 2 years supervised probation, 6 months to 2 years drivers’ license suspension, and more. In Indiana, if a second DUI charge happens within 5 years of the first, it is considered a subsequent offense, and therefore, subjected to stricter penalties.

Additional court-ordered penalties that can be added to an offender’s sentence at the judges personal and professional discretion include community service, victim impact panel participation, Moms Against Drunk Driving conference attendance, rehabilitation, alcohol and drug education classes, ignition interlock devices, house arrest, and more.

Want to Know What a 3rd DUI Conviction Will Get You?

✅ Minimum 10 Days, but Up to 2 ½ Years in Jail
✅ Probation Up to 2 Years
✅ License Suspended 6 months – 2 ½ years
✅ Court-Determined Fines
✅ 480 Hours Community Service*
✅ Alcohol and Drug Assessment*
✅ Victim Impact Program (VIP)*
* = cannot be reduced

How to Avoid the Max Sentence for a Second DUI in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a 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!

How to Win Your DUI Case in Hamilton County Indiana

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If you are facing DUI charges in Noblesville, Carmel, Fishers, or anywhere else in in Hamilton County, Indiana, you might be wondering whether or not you should plead guilty or fight the case. Although pleading guilty will cut down on time and get the case closed sooner, it does entail a list of penalties and consequences. This can include hefty fines, community service, rehabilitation, probation, drug testing, suspended drivers’ license, revocation of professional licenses, and more.

Continue reading to learn what you need to know about fighting a criminal intoxicated driving charge in Hamilton County, Indiana.

Hamilton County Indiana DUI Attorneys
Hamilton County Indiana DUI Attorneys 317-636-7514

Drunk Driving Charges are Serious Matters

Most drunk driving defendants can get their charges reduced, but they are still found guilty. That is why the best option is to take a plea deal so you can eliminate jail time and avoid the maximum charges for your crime. However rare, there are some DUI cases that get dismissed, but for very specific circumstances. Continue reading to learn which scenarios are likely to result in a drunk driving conviction, and which ones may get a person off the hook.

A Guilty DUI Conviction

In a DUI case, a defendant is likely to receive a guilty conviction is there is simply no refutable evidence otherwise that they were drunk and operating a vehicle, or, if their BAC was high. A BAC of 0.08 is perhaps arguable in terms of time and so forth, but BAC’s over 0.15 or 0.2 can definitely not be defended in any way. A person with a blood alcohol level of a 0.15 or higher is well over the national legal limit of 0.08 BAC. It is even more impossible to refute a drunk driving charge if, on top of an illegal BAC, a driver also fails a field sobriety test and a blood test and there were witnesses to the act.

Possible ‘Not Guilty’ Scenarios  

A person facing a drunk driving charge may have a fighting chance for a not guilty verdict or case dismissal under certain circumstances.  For example, if a person was not actually operating the vehicle at the moment they were stopped by an officer, they could argue that they were not driving so they were not breaking the law. This can occur if a person is sleeping in their back seat while the engine was off, or if a driver pulls over to get out and walk home because they feel too drunk to drive.

Another scenario that could result in a successful trial is if a person can prove that they had more than one alcoholic drink between the time they operated their vehicle and the time they were tested by the officer. This can occur if a person drives to a bar, has a few drinks, and is then questioned by a police officer because they are sitting near their vehicle. A case could also be dismissed or found not guilty if the alcohol test was a urine test. These are not very reliable and easy to disprove in trial, especially if the defendant’s BAC was less than 0.11 percent.

These rare and unusual scenarios are still tricky to defend, and still usually result in a guilty verdict. That is why you should hire an experienced and aggressive criminal defense lawyer who can tell you whether or not you should plead guilty to a DUI charge, and why. Your seasoned Indianapolis criminal defense lawyer is ultimately your most influential weapon against the maximum penalties for your criminal charges.

Indianapolis DUI and OWI Defense That You Can Trust

Call Attorney David E. Lewis at 317-636-7514 if you are charged with a DUI or other type of intoxicated driving charge in Indianapolis, Indiana. Our licensed DUI defense lawyers will work around the clock to protect your rights and preserve your freedoms, including your driving privileges. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your defense!

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