Use These 3 Tips to Avoid Being Pulled Over By a Cop

Posted on August 11, 2021 by admin

Nobody wants to be pulled over by the police, whether for a routine traffic stop or a drunk driving offense. To avoid being pulled over by police, there are some certain things you can do. Continue reading to learn the top three ways you can prevent yourself from being stopped by a cop, as well as what to do if you were recently pulled over and charged with an offense in Indiana.

Criminal Defense and Appeals Indianapolis IN 317-636-7514 — Criminal Defense Lawyers Indianapolis IN 317-636-7514

Your Rights During a Police Stop

Law enforcement officers are not permitted under law to stop just anyone they want at any time for no reason at all. They must have probable cause to stop and question a person for purposes of determining whether or not a crime is being or was committed. Although law enforcement can stop a person and detain them without arrest, they cannot detain them for an unreasonable amount of time or indefinitely without making an arrest and filing charges.

This violates our constitutional right against unreasonable searches and seizures. To arrest them, they must have probable cause or a warrant. So, although it might seem like a police officer stops someone for no reason, professional training and strategies used by law enforcement can allegedly spot the signs of suspicious or criminal behaviors.

How to Be a Non-Target for Law Enforcement

As for pulling people over, law enforcement’s top priority is to ensure the safety of all drivers and passengers on the road. Mostly, they are looking for intoxicated drivers, drug traffickers, reckless speeders, and similar offenders. Whether you are doing something illegal or not, in order to avoid being arrested or cited for a traffic offense, follow these three important tips:

❶ Stick to Your Car’s Routine Maintenance Schedule

One of the most common reasons for being pulled over unexpectedly is for automotive defects like a dimmed taillight, broken turn signal, or some other type of illumination or equipment defect. In many cases, a minor traffic offense leads to additional officer suspicions, thus resulting in additional charges like DWI’s, drug possessions, suspended license, and more.

So, be sure to stay current on all scheduled car maintenance according to your car’s owners’ manual. This will prevent your vehicle from experiencing any sort of unanticipated equipment malfunctions or automotive defects that can lead police officers to pulling you over. For instance, if your head or taillights are not illuminated brightly enough, law enforcement will be inclined to pull you over insight you.

❷ Stay Compliant With All Local and State Regulations

It is also very common to be pulled over if your plates or driver’s license is expired, or if you have not renewed the license plate stickers. Furthermore, if the cop runs your plates and learns that your vehicle is not properly insured or registered, they will also pull you over. So, to avoid being pulled over for these minor infractions, it is wise to ensure that you are always in compliance with all local and state automotive regulations.

❸ Drive Mostly in the Daytime

If you restrict the majority of your driving during the daytime only, you can avoid being pulled over by police significantly. Not only can you see police officers better, but you can also see the roads better, which can reduce your chances of making any driving errors or traffic mistakes that bring attention to you.

Were you recently pulled over and arrested for a crime in Indiana? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your Indianapolis IN criminal charges. Our legal team specialize in DUI charges, drug possession crimes, drugged driving charges, and similar criminal traffic offenses. Consultations are free so act now and get started on your defense today!

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

How Your Lawyer Might Defend Your DUI Charges

Posted on June 17, 2021 by admin

Being arrested and charged with a drunk driving offense is serious, whether you are guilty or not. A DUI conviction can drastically impact a person’s life, as well as their spouses, kids, and loved ones. For this reason, it is imperative that you seek immediate criminal defense counsel to build the best case against your drunk driving charges. A criminal defense attorney who is well-versed in drunk driving cases will know exactly how to defense your charges, and therefore, provide the best chance at reducing or dismissing them altogether.

How will your attorney defense your drunk driving charges? Continue reading to learn the top 4 most common and reliable defenses against DUI charges.

Indianapolis Indiana Drunk Driving Criminal Defense 317-636-7514

DUI Charges and What They mean

Depending on the county you were arrested and, your charges may be referred to as a DUI (driving under the influence), OWI (operating while intoxicated), OUI (operating under the influence), or DWI (driving while intoxicated). As you can see, these abbreviations are different, but they all represent the meaning of operating a motor vehicle while under the influence of drugs or alcohol, or any type of mind/muscle altering substance, such as prescription medications, sleep medications, cough syrups, and similar legal medicines.

Challenging DUI Charges

A criminal defense lawyer can use several approaches to defend the clients DUI charges. In most cases, they will challenge different aspects of the arrest, including the chemical and breath testing, the field sobriety testing, Miranda readings, and the lawfulness of the traffic stop.

▷ Your Miranda Rights

The only situation in which law enforcement is required to read a person their Miranda rights is if custodial interrogation is going to take place. This means if police officers intend to interrogate and question a suspect for the purpose of making an arrest, they must read the suspect their Miranda warnings first before questioning them. If your arresting officer failed to read you your Miranda rights before placing you in custody, your criminal defense attorney will very likely use this law enforcement error as part of their defense to reduce or dismiss your DUI charges.

▷ Chemical and Breath Tests

Another, defense used by criminal defense attorneys in a DUI case will be to challenge the chemical testing and breathalyzer testing, whether done at the scene of the arrest or shortly after. Chemical test might include urine testing and blood testing, while breath tests typically refer to breathalyzers, which are devices that measure the blood alcohol content in your body. They might challenge the condition and functionality of the breathalyzer device, while also challenging the process, storage, and testing of any blood work done following the arrest.

▷ Field Sobriety Tests

criminal defense attorneys will likely also challenge the field sobriety testing that took place at the scene of the arrest. They will investigate whether or not the arresting officer was properly trained and sufficiently carried out the sobriety test, including the arresting officer’s justification for administering such testing to begin with.

▷ Validity of Traffic Stop

A criminal defense attorney will work hard to investigate whether or not the arresting officer had a reasonable and justified because to stop a driver in the first place. If the arresting officer is proven to have pulled a driver over without proper legal justification, a criminal defense attorney will use this law enforcement failure to reduce or even dismiss a defendant’s DUI charges.

Are you facing misdemeanor or felony drunk driving charges in Indiana right now? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive DUI defense in Indianapolis at the most economic prices around.

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What to Do if You are Charged With a DUI Felony in Indianapolis

Posted on March 19, 2021 by admin

The Law Office of David E. Lewis provides aggressive criminal defense for felony drunk driving charges in Indianapolis, Indiana. Our reputable criminal defense law firm retains the resources, skills, experience, and determination to reduce or dismiss your Indianapolis DUI charges! Continue below to learn more about the possible penalties for felony DUI convictions in Indiana, and what you can do to ensure your rights are protected and your freedoms are preserved after a serious drunk driving arrest.

Indianapolis Felony DUI Lawyer 317-636-7514

Possible Penalties for a Felony DUI in Indiana

Felony drunk driving charges are very serious offenses in Indiana. Not only does a defendant face time in jail, but they may also lose driving privileges, child custody, student aid benefits, employment, job promotion, rental housing, and much more. For these reasons alone, it is critical to have the leadership and expertise of a skilled criminal lawyer on your team following a DUI felony arrest in order to protect your rights and preserve your freedoms. A skilled criminal defense attorney like David E. Lewis will prevent your constitutional rights from being violated throughout the adjudication of your drunk driving case.

Criminal Defense for Multiple DUI Arrests

Second and third DUI offenses, as well as multiple DUI offenses, are all classified at various Levels of Felonies in Indiana. But with the help of Attorney David E. Lewis, you have a much stronger shot at getting your charges reduced, or entering into an alternative sentencing agreement. Don’t risk your future and quality of life by hiring any felony DUI attorney. Trust only David E. Lewis, Attorney at Law, to fight for your rights and protect you from over-penalization.

Breathalyzers and Field Sobriety Testing

The most important evidence collected by law enforcement at the time of a DUI arrest is a driver’s blood alcohol concentration (BAC). In Indiana, the legal limit for blood alcohol is 0.07 percent. This means anyone caught driving with a 0.08% BAC is subject to DUI charges and subsequent penalties. When you are facing DUI charges in Indiana, David E. Lewis, Attorney at Law, can build you a tough defense to get you the best possible outcome in court. He understands the urgency behind preserving driving privileges, employment, and more.

Are you in need of aggressive and skilled DUI defense in Indianapolis, Indiana? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation and learn more about your DUI felony, today. We represent all types of DUI’s in Indiana.

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How to Reduce Your Super Bowl Sunday DUI Charges in Indianapolis

Posted on February 10, 2021 by admin

Many Hoosiers celebrated Super Bowl Sunday with great food, family, and friends. With such celebratory occasions, alcohol is bound to be an element, as many of us enjoy a few cold ones while we watch the game. But on such days designated for celebrating, over-consumption is a common occurrence, and can lead to drunk driving charges. In fact, the rate of alcohol-related injuries and arrests increase on big game days, and even more so on Super Bowl.

If you or your loved one was part of this statistic, and arrested this past Sunday for drunk driving, continue below to learn exactly what you need to do to avoid the maximum penalties under Indiana law, and how to get started.

Indianapolis Indiana DUI Lawyer 317-636-7514

Protect Your Rights After an Indiana DUI Arrest on Super Bowl Sunday

If you were arrested on Super Bowl Sunday for on DUI charges in Indianapolis, you have likely just recently posted your bail and settled in back at home. This is especially likely if you were arrested after mid-night, in which case your bail wouldn’t have been set until late Monday, Tuesday, or even early this morning. So, at this point in time you probably only interested in taking a shower and getting some sleep.

But once you have time to sort out your thoughts about the challenges you potentially face ahead you in regard to your DUI charges, try not to worry too much. All you have to focus on at this moment in time is hiring an aggressive and experienced Indianapolis criminal defense lawyer who has the ability to get your charges reduced or dismissed so that you may have a better chance at avoiding the maximum penalties for an Indiana drunk driving conviction, such as jail time and excruciating fines.

Standard Penalties for a DUI conviction in Indiana

► FIRST DUI – Class C Misdemeanor:

▻ Up to 1 Year in Jail
▻ Probation Up to 2 Years
▻ License Suspension Up to 2 Years
▻ Fines Up to $5,000

► SECOND DUI – Level 6 Felony:

▻ Up to 2.5 Years in Jail
▻ Probation Up to 2.5 Years
▻ License Suspension 6 Months – 2 Years
▻ Fines Up to $10,000

► THIRD DUI – Level 6 Felony:

▻ Up to 2.5 Years in Jail
▻ Probation Up to 2 Years
▻ License Suspension 1 – 10 Years
▻ Fines Up to $10,000

Additional Penalty Possibilities:

► Ankle Bracelet
► House Arrest
► Community Service
► Victim Impact Panels
► Drug/Alcohol Education
► Rehab
► Ignition Interlock Device (IID)

Keep in mind that OWI, DUI, & DWI are interchangeable terms, so they are all the same offense in Indiana. “DUI” stands for Driving Under the Influence, “DWI” stands for Driving While Intoxicated, and “OWI” stands for Operating While Intoxicated.

A DUI Lawyer in Indiana Who is Ready to Fight Your Drunk Driving Charges

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense for DUI charges. When you need to avoid the maximum DUI penalties for your charges in Indiana, he is simply the best choice for reliable DUI defense! Our law firm offers free initial consultations to discuss your charges and the best strategies for defense. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms. Request a free consultation to discuss your type of DUI, over the phone, via online video conference, or in-person at our Indianapolis office.

How to Avoid Drinking and Driving This Thanksgiving

Posted on November 25, 2020 by admin

According to the National Highway Traffic Safety Administration (NHTSA), this holiday weekend historically has more vehicles on the roadways than any other time of the year. As a result, Thanksgiving weekend also happens to be one of the deadliest times of year, as the number of accidents and fatalities increase in parallel to the increase of cars on the road. Although there are several different reasons why so many more accidents take place around the last week of November, one of the top causes is intoxicated driving. Not only are there more people traveling on the road to reunite with friends and family for the holiday, but more people are also imbibing as a traditional way to celebrate the occasion.

Unfortunately, drinking and driving do not mix, and the seasonal car accident statistics reveal that all too well. If you plan on enjoying a few beers, cocktails, or glasses of wine over the holiday weekend, be sure you have rock solid plans for alternative transportation. In addition to potentially causing a car accident, driving under the influence puts you at a higher risk of being pulled over by police for a DUI.

Continue reading to learn some tips on how to avoid drinking and driving this weekend, and who to call if you are arrested for a DUI on Thanksgiving.

You Don’t Have to Drink and Drive on Thanksgiving

There is really no reason to drink and drive on Thanksgiving considering the fact that there are plenty of alternatives you can choose from, all of which are very affordable. As mentioned, driving under the influence, whether drugs, alcohol, or prescription medication, puts you at risk of causing serious car accident and hung yourself or worse, somebody else. Even if you feel like you’re perfectly fine to drive, or you only had a few, you still may be over the legal 0.08% BAC limit, and you may happen to pass by a DUI checkpoint.

If you are pulled over by law enforcement breathalyzer reads higher than the legal limit, you can be arrested and charged with DUI, which subsequently results in attorney fees, court fees, fines, community service, probation, and several other core over penalties, including possible jail time. Basically, drinking and driving is never worth it. Any alternative available to driving drunk is much cheaper than a DUI, and delivers a much better outcome than causing yourself or anyone else harm.

Tips to Avoid Getting Behind the Wheel This Thanksgiving Weekend:

?? Designate a Driver. If you know you’re going to be drinking at the place you are going to be eating and celebrating Thanksgiving dinner, simply plan ahead for a safe ride. Ask a friend or family member who will be attending to take you home after the celebration is over if they are someone does not drink alcohol. Or simply designate yourself as the sober driver by not drinking at all. You can also designate a ride-share driver for the job.

?? Use a Ride-Share App. Ride-sharing apps are all the rage these days, mostly because they are so affordable and convenient, but also because they save lives by offering a fast and inexpensive alternative to driving drunk. If you cannot arrange a ride ahead of time for your Thanksgiving celebrations, simply download a popular ride-sharing app, such as Uber or Lyft, to catch a cheap ride home. Compared to taxis, they are a fraction of the cost and only minutes away on demand.

?? Stay the Night. If you are celebrating Thanksgiving somewhere you are very comfortable or familiar with, such as a close relative’s home or friend’s house, plan to simply stay the night instead of driving home. Not only does this give you more quality time to spend with your loved ones this holiday, but it also takes away any pressure of waking up from that post-turkey nap! So long as you have a good 8 hours of sleep, plus a good breakfast, you should be safe to drive home in the morning.

Thanksgiving DUI Arrests Can Happen to the Best of Us

If you or a loved one is arrested on Thanksgiving for driving under the influence in Indianapolis, contact a criminal defense lawyer as soon as you are released from jail. The sooner you arrange legal representation, the more time your attorney has to save your driving privileges, as well as build you a strong case to avoid the maximum penalties for your charges.

An Aggressive Indianapolis DUI Lawyer You Can Trust

Call Attorney David E. Lewis at 317-636-7514 for aggressive DUI defense in Indianapolis, Indiana that doesn’t back down. 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!

Common Arrests That Happen on Halloween and How to Avoid Them

Posted on October 28, 2020 by admin

Halloween is a fun and festive seasonal holiday that brings about all sorts of innocent mischief. But sometimes, after too much celebrating, adults can find themselves in a not-so-innocent position with the law. In fact, a much higher number of arrests happen on this night compared to most other nights of the year. So, if you are planning to hit the streets this weekend to celebrate Halloween with your friends and loved ones, be sure you are behaving safely, and within the law. The police will be out policing, doing their job to protect us and the community from danger, which means you have a higher chance at being caught in the middle of mischievous conduct. Perhaps learning which types of arrests are more frequent on Halloween can give yourself a good reminder on which situations to avoid.

Continue reading to do just that, as well as what to do if you or a loved one is taken to jail on Halloween.

Indianapolis Criminal Defense Law Firm 317-636-7514

The Most Common Types of Halloween Arrests

► Drunk Driving Arrests

Between parties and bar crawls, many people on Halloween are drinking alcohol. Since a larger number of people are drinking, more people are drinking and driving, which is why there are a lot of DUI arrests that take place on Halloween. Do not drive after having more than 1 drink to be safe. There will be DUI checkpoints out this weekend, so do not set yourself up for failure. A Lyft or Uber is much cheaper than all the court costs, fines, and probation fees you’ll have to pay if charged with a DUI.

► Public Intoxication Arrests

We’ve covered that people drink a lot more on holidays like Halloween. There are parties outdoors, in neighborhoods, and on the strips of popular city areas. This combination leads to a larger number of public intoxication charges. Just because you choose to not drive does not mean that you can’t still be arrested for being drunk. So long as you are not a public nuisance and disturbing the peace, you should be fine hopping from bar to bar, or walking home. If you are passed out, getting sick in public, being aggressive with others, making threats, or simply being too loud, you could be putting yourself at risk for a PI or disorderly conduct arrest.

► Assault and Battery Arrests

As mentioned, alcohol consumption plays a large role in Halloween festivities. And when people drink, their emotions can tend to heighten. For this reason, a high number of altercations take place in bars, at house parties, and on the streets. If you make threats, attempt to harm, or actually assault another person, you could be at risk of being arrested for assault. Claiming to kill someone or hurt them can be charged as assault, while physical contact is battery.

► Theft Arrests

On Halloween, a lot of theft happens. On any holiday where people tend to be out of their houses attending other parties or festivities, home burglaries and car thefts are more common. Since people are also masked at night on this holiday, it is easier for thieves to conceal their identity, or evade looking suspicious to others in the community.

What to Do After Being Arrested on Halloween

If by some flash of bad luck, or simply being in the wrong place at the wrong time, you or a loved one is arrested this Halloween, immediately contact an Indianapolis criminal lawyer so they can begin building an impactful, rock-solid defense against your charges. The longer you wait to retain legal counsel, the more time you waste protecting your rights and preserving your freedoms. In fact, after an arrest, your next few moves will greatly influence the outcome of your case. So, having a skilled and experienced defense attorney on the job is a monumental advantage. In the case that you are arrested this weekend, it is vital to remain calm and make good decisions. Here’s how to do that.

An Indianapolis Criminal Defense Lawyer That Won’t Back Down

Call Attorney David E. Lewis at 317-636-7514 if you are arrested on Halloween in Indianapolis, Indiana. Our criminal defense law firm works around the clock to protect your rights and preserve your freedoms. David E. Lewis, Attorney at Law, has decades of trial and litigation experience, and will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.

Possible Sentences for a Second OWI Charge in Indiana

Posted on October 23, 2020 by admin

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.

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 3^rd 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.

Advice for Parents Whose Kids Drive Drunk

Posted on October 5, 2020 by admin

Teens are known to experiment with alcohol, but some wind up making some brash and dangerous decisions that can end in devastating consequences. We are talking about drunk driving. If you are the parent of a teen or minor adult who has a history of alcohol usage, and you know they have operated a vehicle under the influence in the past, you should know what to do in the case of a DUI arrest since you will likely be the first call they make from jail.

Continue reading to learn which steps to take after your teenager is pulled over drunk, and arrested for a DUI in Indiana.

Underage Drinking DUI Lawyer 317-636-7514 — Underage Drinking DUI Lawyer Indianapolis Indiana 317-636-7514

Get to Know the Zero Tolerance Law in Indiana

In all states, any minor that is caught operating a motorized vehicle, including motorcycles and ATV’s, with a blood alcohol content (BAC) of 0.02% or higher, will immediately be subjected to drivers’ license suspension. Furthermore, all states have adopted the Zero Tolerance Law, which means it is strictly illegal for minors to drive a vehicle after drinking alcohol, no matter how little the quantity imbibed. Although adults can legally operate a vehicle with a bold alcohol content of 0.07% or lower, there is simply no tolerance for those under the legal drinking age.

Even if your minor was not driving, they can still be arrested for a DUI if they are in the front seat of a vehicle and the keys are in the ignition. The car does not have to be on for a drunk driving arrest to be made. If your minor refuses a breathalyzer, they will be arrested and penalized, even if they are not exhibiting any signs of intoxication.

Common Penalties for Minor DUI Convictions

Minors, including those 18 years old to 20 years old, will be penalized according to state judicial schedule if caught operating a vehicle with alcohol in their systems. One penalty that is guaranteed: immediate suspension of drivers’ license. Additional penalties that are common and possible include restitution for any property damages caused by drunk driving, fines, jail, probation, house arrest, ignition lock system on steering wheel of car, community service, victim impact panels, substance abuse treatment programs, alcohol education courses, school orders, and counseling.

Criminal Record Expungement for Minors

If your minor driver is arrested on drunk driving charges in Indiana, you will need a criminal defense lawyer who can protect them from the maximum penalties for their charges, and petition for criminal record expungement. Upon eligibility, your teenager might be able to have their DUI arrest and conviction sealed or expunged from their criminal record. A skilled Indiana DUI defense lawyer can build your loved one an impactful defense to dismiss or reduce their charges and penalties, and move forward with petitioning for expungement or record sealing.

Indianapolis Indiana Drunk Driving Criminal Defense for Minors

Call the Law Office of David E. Lewis at 317-636-7514 to learn how your teen can beat their Indiana DUI charges with aggressive criminal defense. Attorney David E. Lewis is your solution to reducing or dismissing their sentence, and thus, protecting their future freedoms. If you want them to avoid the maximum penalties for a drunk driving conviction, it is important to let our skilled legal teams build an impactful defense that will sway the decision of the courts. We provide free initial consultations, so you do not have to pay anything to simply talk to a lawyer for trusted advice. Schedule an online, over-the-phone, or in-office appointment, today.

Will My Criminal Charges Effect My Indiana Drivers’ License?

Posted on September 30, 2020 by admin

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 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.

Do Not Fall for These OWI Arrest Myths

Posted on September 21, 2020 by admin

There are many acronyms to describe driving a motorized vehicle under the influence of alcohol or controlled substance. These acronyms include “DUI”, which stands for “driving under the influence”, “DWI”, which means driving while intoxicated”, and “OWI”, which means “operating while intoxicated.” The important thing to know about these three acronyms is that they all represent the same criminal charge: operating a motor vehicle while under the influence of drugs or alcohol. This includes wine, beer, liquor, street drugs, and controlled drugs like prescription medication.

If you are currently facing criminal charges for drunk or intoxicated driving, it is critical to hire a private defense attorney who can protect your rights and preserve your freedoms. In the meantime, it is also wise to educate yourself about OWI’s and subsequent charges to better understand the penalties you may face.

So, continue reading to learn the top 3 misconceptions about OWI’s and subsequent charges.

Common OWI Misconceptions

#3 Fifty Percent of Road Fatalities are a Result of Drunk Driving

This statistic is well and wide-spread, but it is simply inaccurate. In fact, it is a bit embellished. The reality is that 40 to 50% of highway fatalities are “alcohol-related”, but this does not mean that all 40-50% are drunk-driving related. This statistic also includes pedestrians and passengers who may have had alcohol in their system. It is also inaccurate because these statistics include those with nominal amounts of alcohol in their systems, meaning only a drink or two, which does not necessarily make every person intoxicated. A more accurate representation of drunk driving fatalities lies more around ten percent.

#2 Lowering the Legal BAC Level Will Abate Drunk Driving Arrests

Humans have imbibed on fermented, alcoholic libations for centuries. And lowering the BAC levels will not thwart people from drinking. Accordingly, it is not likely it will change the rate of drunk driving either. You see, the average DUI BAC level is between 0.15 and 0.17 percent, so lowering the legal limit will not make an impact on those who are a serious threat.

#1 Breathalyzers Accurately Measure BAC Levels

This is a common myth about DUI’s and roadside chemical breath testing. Unfortunately, these devices are not always accurate at measuring the exact alcohol content in a person’s system. This is because breathalyzers only measure the amount of alcohol content on a person’s exhaled air. This is not always an accurate (nor reliable) indication of a person’s toxicity or impairment levels, especially since there are so many variables that can influence the number derived from such devices. This include body temperature, stomach fluid, rate of respiration, and more. Talk to a criminal attorney for help defending an inaccurate breathalyzer test.

The Truth About OWI’s

Being charged with an OWI can come with steep penalties and fines. This may include jail time, community service, restricted or suspended drivers’ license, ignition interlock device, ankle monitoring, house arrest, and more. It is encouraged to retain private counsel from an experience criminal defense attorney for the best chance at avoiding the maximum penalties for your OWI charges.

An Indiana Criminal Defense Law Firm That Will Fight Your OWI Charges

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a DUI or OWI in Indianapolis, Indiana. Our Indianapolis DUI defense team offers free initial consultations for anyone who wishes to discuss their recent OWI charges. If you have past convictions, we are also well-versed in Indiana expungement laws and provides criminal record expungement services starting at $850. Call 317-636-7514 to make an appointment today, and get started building an impactful defense against your Indiana criminal charges.