Indiana Laws About Giving a Breath Sample During a DUI Stop

Posted on June 25, 2025 by admin

Navigating the legal landscape surrounding DUI stops in Indiana can feel overwhelming, especially if you’re facing charges or concerned about the consequences of refusing a breathalyzer test. This guide breaks down essential information about drunk driving laws, your legal rights, and the implications of providing or refusing a breath sample during a traffic stop.

We’ll also address common misconceptions about Indiana’s DUI laws, explain potential penalties, and offer guidance on when to seek legal help. By the end of this guide, you’ll be better equipped to understand your rights and make informed decisions.

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Introduction to Indiana DUI Laws

Indiana takes drunk driving seriously. Under Indiana Code 9-30-5-1, driving with a blood alcohol concentration (BAC) of .08 or higher is illegal. However, you can still face drunk driving charges, even if your BAC is below this threshold, if law enforcement believes your driving ability is impaired.

Understanding the laws surrounding DUI stops and breathalyzer tests can help you avoid costly mistakes, such as losing your license or facing harsher penalties.

Implied Consent Law Explained

Indiana operates under an Implied Consent Law (Indiana Code 9-30-6). This means that by driving on Indiana roads, you automatically consent to chemical tests (including breath, blood, or urine tests) if law enforcement suspects you of intoxicated driving.

Important Details About Implied Consent:

Timing: You must comply with the officer’s request at the time of the stop. Refusing doesn’t exempt you from consequences.
Applicable Tests: The law covers breathalyzer tests done at the scene and official chemical tests often conducted at a medical facility.

Consequences of Refusing a Breathalyzer

Refusing to take a breathalyzer test doesn’t mean you escape penalties. Under Indiana’s Implied Consent Law, refusal results in an automatic license suspension, even if no drunk driving conviction follows.

Here’s what to expect if you refuse a breathalyzer test in Indiana:

First Refusal: 1-year license suspension.
Subsequent Refusals: 2-year license suspension.

More importantly, your refusal can be used as evidence against you in court, potentially leading to harsher sentencing if you’re convicted of DUI charges.

Learn More About Indiana DUI Tests

Legal Rights During a Drunk Driving Stop

It’s critical to understand your rights when stopped by law enforcement. While Indiana’s Implied Consent Law obliges you to submit to chemical testing, you still maintain other rights under the law.

Key Rights to Remember:

You Can Remain Silent: You’re not required to answer questions that may incriminate you. Politely inform the officer that you wish to remain silent.
Right to Legal Representation: You can request an attorney, especially during questioning.
Police Must Have Probable Cause: The officer must have reasonable suspicion to pull you over and request a breathalyzer test.
Misconception alert: Police do not need to read you your Miranda rights unless you are formally in custody and being interrogated.

Factors Affecting Breathalyzer Results

While breathalyzer tests are commonly used in DUI investigations, it’s important to know that they’re not infallible. Several factors can affect the accuracy of these tests, including:

Medical Conditions (e.g., acid reflux or diabetes) that may cause false positives.
Calibration Issues if the device is not maintained or used properly.
Time of Test as BAC levels rise after initial alcohol consumption and may not reflect impairment at the time of driving.

These potential inaccuracies can provide grounds to challenge the results in court.

How to Challenge Breathalyzer Evidence

Breathalyzer results may carry significant weight in court, but they’re not always airtight. With the help of an experienced DUI attorney, you may be able to challenge the validity of the test.

Here’s how evidence can be disputed:

Calibration Records: Was the device properly calibrated and maintained?
Officer Training: Was the test administered by an officer trained to use the equipment?
External Factors: Were medical conditions or environmental factors considered?

Successfully challenging breathalyzer results could result in reduced charges or even dismissal of your case.

When to Contact an Indiana DUI Lawyer

Facing drunk driving charges or dealing with the consequences of refusing a breathalyzer test is a serious matter. Working with a DUI lawyer in Indianapolis can ensure your rights are protected throughout the legal process.

Consider contacting DUI defense attorney if:

You have been charged with drunk driving despite a BAC below .08.
You refused a breathalyzer test and are facing license suspension.
You want to challenge the accuracy or validity of breathalyzer evidence.
You’re navigating a second or subsequent DUI charge with heightened penalties.

Our experienced Indiana drunk driving attorneys are here to help you understand your options and build a strong defense.

Frequently Asked Questions About DUI Charges

What happens if I refuse a breathalyzer test in Indiana?

Your license will be automatically suspended for at least 1 year, even without a drunk driving conviction. Refusal can also be used as evidence in court.

Can I be charged with a DUI even if my BAC is below .08?

Yes. If law enforcement believes your ability to drive is impaired, you can still face drunk driving charges, even with a BAC under the legal limit.

How accurate are breathalyzer tests in Indiana?

While generally reliable, breathalyzer tests are not foolproof. Factors such as medical conditions, device calibration, and external conditions can impact accuracy.

What are my rights during a DUI stop?

You have the right to remain silent, request legal representation, and refuse to answer incriminating questions.

Do I need a lawyer if it’s my first Drunk Driving offense?

Yes. A lawyer can help you understand the legal process, negotiate reduced penalties, and ensure your rights are protected.

Will I lose my license if I’m convicted of Driving While Intoxicated?

Yes. License suspension durations vary depending on the offense (e.g., 90 days to 2 years for a first offense).

In Summary

Being arrested for a DUI can be a daunting and overwhelming experience. It’s important to remember that you have rights and options available to you. Seeking legal representation is highly recommended, as it can greatly impact the outcome of your case and help mitigate potential consequences. It’s also crucial to understand your state’s laws regarding DUI offenses and how they may affect your license and overall record. By being informed and proactive, you can navigate this challenging situation with confidence.

You are not alone – seek support from loved ones and professionals to help you through this difficult time. Stay safe, stay informed, and always know your rights! So if you ever find yourself in a situation where you are facing a

Whether it’s your first offense or a subsequent charge, hiring the right legal representation can make all the difference. Don’t wait until it’s too late. Contact Attorney David E. Lewis today and take the first step toward protecting your rights and future.

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Expected Penalties for a Third DUI in Indianapolis

Posted on April 10, 2025 by admin

A third DUI (Driving Under the Influence) conviction in Indianapolis can have life-altering implications. Indiana has strict DUI laws, and repeat offenses are met with increasingly severe penalties. If you or someone you know is facing a third DUI offense, understanding the legal consequences, long-term consequences, and available legal options is crucial. This blog will provide a detailed overview of Indiana’s DUI laws, penalties for multiple DUIs, and the steps you can take to protect your rights.

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Understanding DUI Laws in Indiana

Indiana treats drunk driving with the seriousness it deserves due to the risk it poses to public safety. Under Indiana Code 9-30-5, it is illegal to operate a vehicle with either:

A Blood Alcohol Content (BAC) of 0.08% or higher, or
While under the influence of alcohol, drugs, or a combination that renders a driver impaired.

Penalties escalate significantly with repeat offenses. The first DUI is classified as a misdemeanor, typically resulting in fines, license suspension, and potential community service. However, a third DUI offense in Indiana enters a new category of severity. It is often charged as a Level 6 felony or higher, potentially invoking Indiana’s Habitual Traffic Violator (HTV) statutes under Indiana Code 9-30-6.

Understanding how these laws apply to your specific circumstances will be key to assessing what lies ahead.

Penalties for a Third DUI in Indiana

A third DUI conviction in Indiana carries harsh penalties. These aim both to punish repeat offenders and deter drunk driving. Here’s a closer look at what you may face if convicted:

1. Jail Time

A third DUI is often charged as a Level 6 felony, which carries a sentence of up to 2.5 years in prison.
Aggravating factors, such as causing an injury, having a minor in the vehicle, or a very high BAC, can elevate the offense to a Level 5 felony, which may lead to 6 years in prison.

2. Fines

Fines for a third DUI can range from $10,000 to higher amounts if additional charges are involved.

3. License Suspension

Indiana imposes a minimum of 1 year of license suspension for a third DUI conviction.
Under the Habitual Traffic Violator (HTV) statutes, you could face a suspension of up to 10 years.

4. Mandatory Alcohol Treatment

Courts require convicted individuals to attend mandatory alcohol or drug treatment programs, such as the ones provided by Indiana Addictions Treatment Services.
Offenders failing to comply with treatment orders may face additional penalties.

5. Ignition Interlock Device (IID)

Installation of an IID may be required on your vehicle to monitor and prevent further impaired driving. The offender bears the cost of installation and maintenance.

6. Additional Penalties

Community service, probation, and mandatory participation in victim impact panels are also possible penalties.

Aggravating Factors that Increase Severity

Some circumstances can result in harsher penalties, including:

High BAC Levels (e.g., over 0.15% BAC).
Having a minor passenger in the vehicle during the offense.
Causing serious injury or death in a DUI-related accident.
Refusing chemical testing, leading to automatic penalties under Indiana’s implied consent laws.

It is vital to be aware of these factors, as they can significantly worsen the consequences of a third DUI offense in Indianapolis.

Contact an Indianapolis DUI lawyer today.

Long-Term Consequences of a Third DUI

Beyond the immediate penalties, a third DUI conviction can have lasting impacts on your life. These include:

▶ Employment Challenges – A felony conviction can make it difficult to secure employment, especially in roles involving driving, customer interaction, or positions requiring a clean criminal record.

▶ Insurance Rate Hikes – Car insurance premiums skyrocket after a third DUI conviction. Many insurance providers may even refuse coverage altogether, leaving SR-22 filings as your only option for maintaining vehicle insurance.

▶ Social and Personal Impact – The stigma of being labeled a “habitual offender” can affect your personal relationships, mental health, and standing in the community.

▶ Loss of Civil Rights – A felony conviction may result in the loss of certain rights, such as voting, possessing firearms, or eligibility for specific public services.

These consequences underscore why addressing a third DUI promptly and thoughtfully is so important.

Legal Options and Defense Strategies

A DUI charge is not a conviction, and numerous legal defenses may be available to you. Here are some strategies an experienced attorney can utilize:

Challenge the Traffic Stop

Were proper procedures followed during the vehicle stop? If the stop was unlawful, evidence against you may be dismissed.

Dispute BAC Test Accuracy

The accuracy of a breathalyzer or blood test can be challenged if the devices weren’t calibrated correctly or proper testing protocols were not followed.

Provide Medical Defenses

Certain conditions, such as diabetes or acid reflux, can cause falsely high BAC readings.

Question Police Conduct

Misconduct or errors during the arrest process, such as failing to read your rights, could weaken the prosecution’s case.

Hiring a skilled DUI lawyer in Indianapolis is essential to determining the best defense strategy for your case.

The Importance of Consulting a DUI Lawyer

If you’re facing a third DUI charge, navigating the complex legal system without guidance could have disastrous consequences. A qualified Indianapolis drunk driving lawyer can provide the expertise you need to:

Evaluate the charges against you.
Craft a defense strategy tailored to your situation.
Negotiate potential plea deals to reduce penalties.
Advocate for alternative sentencing options such as rehabilitation programs.

The stakes are high. Ensuring you have strong legal representation can mean the difference between severe penalties and a more favorable outcome.

For support with alcohol addiction, consider reaching out to local resources like Indianapolis Alcoholics Anonymous or Indiana Addictions Treatment Services. If your license has been suspended, you can work with the Indiana Bureau of Motor Vehicles (BMV) to explore reinstatement options.

In Summary

A third DUI conviction in Indianapolis is not just a legal issue; it’s a life-changing event. Understanding Indiana’s DUI laws, the penalties you may face, and the available legal defenses can help you take control of your situation. Acting quickly and consulting with a knowledgeable DUI attorney is your best step forward.

Don’t wait any longer to get started on your defense. Call Attorney David E. Lewis at 317-636-7514 for a confidential consultation or explore additional local resources for addiction support and license reinstatement. Taking action today can protect your future.

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Hit and Run Accidents in Indiana: What You Need to Know

Posted on December 27, 2023 by admin

A traffic accident can be a stressful and worrying experience, but leaving the scene of an accident, known as a hit and run, can significantly exacerbate the situation. In Indiana, hit and run charges are taken seriously, whether the incident involves hitting a pedestrian or another vehicle. Understanding the consequences and ramifications of such actions is crucial.

This blog post aims to shed light on the key elements you need to know about hit and run accidents and subsequent charges in Indiana, providing valuable insight to help you navigate through potentially complicated legal situations.

Call 317-636-7514 if Facing Hit and Run Charges in Indianapolis Indiana

What Constitutes a Hit and Run in Indiana?

In the state of Indiana, a hit and run is defined as leaving the scene of an accident without stopping and exchanging relevant information with the other involved parties. This includes accidents involving only property damage or personal injury to another person. The law requires all drivers involved in an accident to stop at the scene, provide their name, address, and vehicle registration number, and show their driver’s license upon request. Failure to do so can result in hit-and-run charges.

Hitting a Pedestrian

Hitting a pedestrian is one of the most severe types of hit and run accidents in Indiana. Pedestrians are incredibly vulnerable on the roads, making it crucial for drivers to exercise caution. In the event of a collision with a pedestrian, Indiana law requires drivers to stop immediately and provide assistance to the injured person, whether it be calling for medical help or providing first aid. Failing to do so can result in severe hit and run charges, including felony charges if the accident causes serious injury or death to the pedestrian.

Hitting a Car

Aside from hitting a pedestrian, such charges can also result from colliding with another vehicle. If you are involved in an accident with another car, Indiana law requires you to stop at the scene, exchange relevant information, and provide assistance if needed. Failing to do so can lead to criminal charges, depending on the severity of the damage caused by the collision. In addition to facing hit and run charges, you may also face civil liability for any damages or injuries caused by leaving the scene of the accident.

Penalties for a Hit and Run Conviction in Indiana

The penalties for hit-and-run crimes in Indiana vary depending on the severity of the accident. If no personal injury is involved, hit and run charges are considered a Class B misdemeanor, punishable by up to 180 days in jail and fines of up to $1,000. However, if the accident causes injury or death to another person, the charges can range from a Class A misdemeanor to a high level felony, with penalties ranging from one year in prison and fines of up to $10,000 for a Class A misdemeanor, to 8 years in prison and fines of up to $10,000 for a felony.

What to Do if You Commit a Hit and Run Accident

If you have been charged with a hit and run in Indiana, it is crucial to seek legal help as soon as possible. An experienced criminal defense attorney can review your case, advise you of your rights and options, and provide guidance throughout the legal process. Keep in mind that hit-and-run charges can have serious consequences, affecting not only your driving record but also your personal and professional life. Therefore, it is crucial to take them seriously and seek legal assistance to ensure the best possible outcome for your case.

In Summary

Hit and run charges in Indiana can have severe consequences, ranging from fines and jail time to potential felony charges. It is essential to understand what constitutes a hit and run, know the penalties involved, and take appropriate actions in case of an accident. Remember always to remain calm, stop at the scene, and provide assistance and information as required by law.

If you are facing hit and run charges, seek legal help to protect your rights and best interests. Contact the Law Office of David E. Lewis at 317-636-7514 to book an appointment with an experienced criminal defense attorney in Indianapolis, Indiana. Our legal team is dedicated to fiercely and intelligently defending criminal appeals, while working to secure a reduction or dismissal of your conviction.

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.

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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!

The Sobering Truth: A Deep Dive into Drunk Driving in Indiana

Posted on September 21, 2023 by admin

Drunk driving is a critical issue that plagues societies across the globe, and sadly, Indiana is no exception. A crime that is preventable, it poses grave dangers not only to those behind the wheel but to innocent bystanders and other road users as well.

This blog sheds light on the sobering and stark reality of Driving Under the Influence (DUI) in Indiana, unearthing the unnerving statistics and the comprehensive efforts being made to combat this life-threatening issue. Join us as we embark on this enlightening journey, understanding the intricate complexities and profound implications of drunk driving in our local communities.

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Drunk Driving in Indiana: A Troubling Reality

According to the CDC, alcohol-impaired driving accounted for 29% of all motor vehicle traffic fatalities in the United States in 2018 alone. That is a staggering 10,511 deaths nationwide due to drunk driving in one year. The numbers are even more concerning when we look at Indiana’s statistics specifically. In 2019, the Indiana Criminal Justice Institute (ICJI) reported that Indiana had 545 DUI arrests, 519 DUI crashes, and 64 DUI fatalities.

These figures have been growing steadily over the past few years; in 2018 there were 496 DUI arrests and 497 DUI crashes statewide. In addition to this, the Indiana Criminal Justice Institute also revealed that alcohol was involved in 64.5% of all fatal crashes in Indiana for 2019, which is an alarming statistic indeed.

The repercussions of drunk driving are far-reaching; beyond the tragedy befallen on innocent victims and their families, DUI convictions also have serious legal and financial consequences. Depending on the specifics of the case, a DUI can result in suspension or revocation of a driver’s license or CDL.

Understanding Indiana’s Drunk Driving Laws

In order to understand the gravity of a drunk driving conviction in Indiana, it is essential to know the relevant DUI laws. The legal blood alcohol concentration (BAC) limit for drivers over 21 years old is 0.08%, and the limit for those operating commercial vehicles is 0.04%. If an individual’s BAC exceeds either of these limits, they can be arrested and charged with drunk driving.

In addition to this, Indiana also has an ‘implied consent’ law which states that any individual operating a vehicle within the state is required to provide a chemical test sample if asked by a law enforcement officer. This could include a breathalyzer test or blood sample, which is performed at a local clinic.

Battling the Issue: What is Being Done?

Indiana does not take the issue of drunk driving lightly and has taken steps to ensure that those who do drive under the influence are punished accordingly. The penalties for violating Indiana’s DUI laws depend on the number of infractions as well as BAC level but can be severe. For example, a first-time offense can result in fines up to $500, 1-year license suspension, and even imprisonment.

In order to combat the issue of drunk driving, Indiana has also implemented several public awareness campaigns such as ‘Drive Sober or Get Pulled Over’ and ‘Arrive Alive’ which aim to educate people about the dangers of impaired driving. The state has also implemented several other initiatives such as ignition interlock devices (IIDs), which require drivers to provide a breath sample before the car can start, and zero-tolerance laws for those under 21 years of age. All of these efforts are aimed at reducing the number of drunk driving incidents in Indiana and ensuring that our roads remain safe for everyone.

What to Do if You Get a DUI

If you are facing a DUI charge in Indiana, the best thing to do is to contact an experienced and qualified attorney. The consequences of a drunk driving conviction can be severe and require complex legal assistance. An experienced DUI lawyer in Indianapolis can help you navigate the process and provide effective representation throughout the case.

It is also important to take steps to reduce the likelihood of getting a DUI in the first place. These include not drinking and driving, having a designated driver if attending an event where alcohol is present, knowing your BAC limit, and understanding Indiana’s drunk driving laws. Taking these steps can help you stay safe and avoid the potential consequences of a DUI conviction.

The Takeaway

Drunk driving is a serious issue in Indiana, and it’s essential that everyone understand the consequences of their actions before getting behind the wheel after consuming alcohol. With comprehensive laws and stringent enforcement, Indiana is making strides to reduce DUI incidents across the state, but we all must do our part to ensure that these efforts are successful. It is our duty as responsible citizens to be aware of the risks of driving under the influence and make smart, informed decisions in order to promote safe roads and save lives. If you are arrested for a DUI, then hire a lawyer pronto.

You only have 10 days from the time of DUI arrest to save your driving privileges. Besides that, you need a strong defense to get you the best possible outcome in court. Contact the Law Office of David E. Lewis today at 317-636-7514 to meet with an experienced DUI defense attorney in Indianapolis, Indiana. Our legal team is dedicated to fiercely and intelligently defending criminal appeals, while working to secure a reduction or dismissal of your conviction.

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.

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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!

A Closer Look at Consequences for Drugged Driving in Indiana

Posted on June 14, 2023 by admin

Driving under the influence of drugs (DUID) is a serious offense in Indiana, and those who are caught can face harsh consequences. The penalties for drugged driving vary depending on the type and amount of drug involved. In addition to legal repercussions, there may also be personal costs such as lost wages or higher auto insurance premiums. It’s important to understand the risks associated with operating a vehicle while impaired by drugs so that you can make an informed decision about your safety and that of others on the road.

In this blog post, we’ll take a closer look at DUID laws in Indiana and examine some of the potential consequences for violating them.

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What You Need to Know About Drugged Driving (DUID) in Indiana

In Indiana, it’s illegal to drive with any detectable amount of certain controlled substances in your system. This includes cannabis, opioids, amphetamines, benzodiazepines, and many other commonly abused drugs. If you’re pulled over or involved in an accident while impaired by drugs, the police may give you a field sobriety test to determine whether you are under the influence. If they believe that you are impaired, they can charge you with a DUID offense. The severity of the charge will depend on what type of drug is present and how much is in your system; for example, cocaine possession will usually result in more serious charges than marijuana possession.

DUID Convictions and Penalties

The consequences for drugged driving vary depending on the severity of the drug crime. If convicted, you could face a fine of up to $10,000 and/or up to two years in prison. You may also be required to complete drug treatment programs or community service. Additionally, your license could be suspended for six months or longer. Even if you don’t receive jail time or pay a fine, DUID convictions can remain on your criminal record and have negative impacts on employment opportunities and other areas of your life.

How to Stay Ahead of Your Rights and Your Safety

It’s important to stay informed about drugged driving laws in Indiana so that you can make safe decisions when it comes to getting behind the wheel. In addition to understanding the potential consequences for violating these laws, it’s also essential to know the signs of impairment – including slowed reaction time, difficulty concentrating, and impaired coordination – so that you can recognize when it’s not safe to drive. Making smart choices now can save you from facing serious legal and personal repercussions down the road.

In Summary

Drugged driving is a serious offense in Indiana, and those who are caught violating DUID laws may face harsh consequences including fines, prison time, license suspension, and more. It’s important to stay informed about these laws in order to make safe decisions when it comes to getting behind the wheel. Remembering the potential costs associated with drugged driving can help you avoid facing serious legal or personal repercussions in the future.

What to Do After a DUID Arrest in Indianapolis

If you have been arrested for drugged driving, also known as driving under the influence of drugs (DUID), it is important to seek the counsel of an experienced Indianapolis criminal defense lawyer. A conviction for drugged driving can have serious consequences, including fines, license suspension, and even imprisonment. A qualified criminal defense attorney can review the evidence against you and develop a strategy to protect your rights and minimize the potential repercussions. They can also help you understand the complex legal issues involved in a DUID case, such as the validity of drug tests and how they may be challenged in court. With the guidance of a skilled criminal defense lawyer, you can potentially achieve a more favorable outcome in a drugged driving case.

Were you or your loved one recently arrested for drugged driving in or around Indy? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free consultation with a licensed DUID lawyer in Indianapolis , Indiana. We can start working on your case TODAY.

What You Need to Know About Felony DUI Arrests in Indiana

Posted on June 5, 2023 by admin

Drinking and driving, or driving under the influence (DUI), is a serious offense in the state of Indiana, and if you are arrested for it, you could face hefty fines or even jail time. But if your DUI charge is upgraded to a felony, then the consequences can be much more severe. A felony DUI conviction can have long-lasting effects on your life, including job loss, difficulty finding housing or loans, and even prison time. It’s important to understand what makes a DUI charge become a felony so that you know how to protect yourself from these harsh penalties.

In this blog, we will discuss the circumstances under which an individual may face felony charges for driving under the influence in Indiana and what steps to take after being charged with such an offense.

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

What a Felony DUI Arrest in Indiana Might Mean for Offenders

Indiana considers a drunk driving offense to be a felony if the accused has three or more prior convictions within the past 10 years. If this is your first offense, you will likely face misdemeanor charges and not have to worry about felony repercussions. However, it’s important to note that any subsequent conviction could result in harsher penalties. Furthermore, if you are convicted of a DUI crime while operating a commercial vehicle, you may also be charged with a felony.

Hire a Drunk Driving Lawyer

If you are facing felony drunk driving charges in Indiana, it’s essential that you get an experienced criminal defense lawyer as soon as possible. An Indianapolis DUI lawyer can help you understand your rights and ensure that you receive the best possible outcome for your case. Your attorney can also provide guidance on how to proceed with mitigating factors that could help reduce your sentence, such as participating in rehab or taking a defensive driving course.

How the Law Views Repeat Offenses for DUI in Indiana

DUI laws in Indiana take repeat offenses seriously, with harsher penalties for those who have been arrested for multiple drunk driving crimes. Habitual offenders may face high fines, lengthy jail sentences, and suspension or revocation of their driver’s license. In addition, any prior DUI arrests can be used to increase a person’s sentence if they are found guilty of another intoxicated driving offense.

In Indiana, drivers may receive enhanced punishment based on the number of prior DUI convictions on their record. For example, someone convicted of a second drunk driving offense within 5 years must serve at least 5 days in jail and may be fined up to $10,000. A third or subsequent conviction in the same time period carries even tougher penalties, such as 10-30 days in jail and fines up to $10,000. The court also has the option to order additional sanctions that can include longer probation periods and mandatory alcohol education courses.

Furthermore, some counties may have local ordinances which carry their own separate punishments for repeat DUI offenders which can include fines ranging from $500 to $2,500, additional community service hours beyond what is required by the state laws and/or installation of an ignition interlock device. Ignition interlock devices (IID) require drivers to blow into a breathalyzer before starting the vehicle; if the device detects alcohol above a predetermined level, then it will prevent the car from being started. Indiana state law also requires IID installation for certain repeat offenders as part of any probation agreement following a conviction for driving under the influence (DUI).

In short, it is important to understand that the consequences associated with multiple drunk driving arrests in Indiana can be severe. It is recommended that anyone charged with driving under the influence seek legal counsel from an experienced criminal defense attorney to ensure they are aware of all possible penalties and available options for defending against these charges.

In Summary

Overall, it’s important to understand what constitutes a felony drunk driving charge in Indiana so that you can be prepared if you are ever charged with one. A felony conviction can have serious implications for your future, so make sure to contact a qualified DUI lawyer right away if you find yourself facing felony charges. With the right representation and understanding of the law, there is hope for a favorable outcome and protection from life-altering penalties.

After being arrested for drunk driving, it’s crucial to work with an experienced DUI lawyer right away. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned DUI defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your drunk driving case!

How to Minimize Penalties Following a DUI Arrest

Posted on April 26, 2023 by admin

Getting arrested for drunk driving can be a life-changing experience. Not only do you have to deal with the legal consequences, but also the social stigma that comes along with it. However, even if you’ve been charged with a DUI offense, there are still ways to minimize penalties and avoid long-term consequences. With the help of an experienced DUI lawyer who understands your case and knows all of your options, you may be able to reduce or dismiss your charges altogether.

In this blog post, we will discuss how hiring an attorney can help minimize penalties following a DUI arrest and how they can build a strong defense on your behalf.

Call 317-636-7514 to Speak With a DUI Defense Attorney in Indianapolis IN

Hire a DUI Lawyer to Avoid the Maximum Penalties for Drunk Driving

The first step you should take after a DUI arrest is to hire an experienced drunk driving lawyer. Your attorney will be able to review your case and advise you on the best course of action for your particular situation. A knowledgeable DUI attorney has specific knowledge about drunk driving laws and can challenge elements of the prosecution’s argument from both legal and technical perspectives. In some cases, they may even be able to contest scientific evidence or witness testimony in order to reduce charges or dismiss them completely.

Your attorney will also have insight into how prosecutors approach DUI cases, which can help them negotiate with the court in order to obtain lesser sentences or reduced fines when possible. In addition, they can work with you to create a compelling defense strategy that includes mitigation evidence, such as a prior history of good deeds or extenuating circumstances that may have contributed to the offense.

Furthermore, your drunk driving lawyer can provide guidance on how to best prepare for court and any other administrative proceedings related to your case. This includes helping you understand the specific laws of your state and advising you on how to speak respectfully during appearances and hearings. They will also assist in developing an effective sentencing plan with authorities and work with you to craft a clear message that shows remorse if necessary.

Indiana Penalties for DUI Conviction

Drunk driving is a serious offense that comes with severe consequences in Indiana. If you are caught driving with a blood alcohol concentration (BAC) of 0.08% or more, you will be charged with operating while intoxicated (OWI). The penalties for a first-time conviction can include license suspension for up to two years, fines of up to $5,000, and up to one year in jail.

For subsequent convictions, the penalties can become even more severe, including longer jail sentences and higher fines. In addition to legal consequences, drunk driving can also have personal and social repercussions, including higher insurance rates, strained relationships, and even loss of employment. It’s important to remember that one poor decision can potentially affect the rest of your life, and the lives of those around you.

Conclusion

By hiring an experienced DUI defense attorney, you are taking action towards minimizing DUI penalties that come with a drunk driving arrest. A knowledgeable OWI lawyer can help build a strong defense on your behalf by challenging evidence presented by prosecutors at each step in the process. They can also provide guidance and advice to ensure that you are fully prepared for court proceedings and sentencing hearings. With the right legal representation, you may be able to reduce or dismiss your charges altogether, avoiding long-term consequences associated with a DUI conviction.

It is essential to work with an experienced DUI lawyer directly after your drunk driving arrest. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned DUI defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your drunk driving case!

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.