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.

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

How to Win Your DUI Case in Hamilton County Indiana

Posted on August 12, 2020 by admin

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 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!

What is the Indiana Implied Consent Law?

Posted on May 27, 2020 by admin

When a driver is arrested for a drunk driving offense in Indiana, the most important piece of evidence law enforcement can collect at the scene is the driver’s blood alcohol level, or BAC. This simple, numeric figure is vital to the prosecution, as it is their primary tool to prove that a defendant was operating a vehicle under the influence of alcohol, and over the legal limit at the time of their arrest.

The legal BAC limit in Indiana is 0.07%, so a person who operated a vehicle at a BAC higher than this percentage is subject to drunk driving criminal charges and subsequent penalties. Many drivers feel confident that they can simply refuse a chemical breathalyzer test in order to avoid giving BAC evidence to police. However, Indiana has an implied consent law, which places certain legal obligations on licensed drivers.

Continue reading to learn more about the Indiana Implied Consent law, and what you need to know about protecting yourself after being charged with a DUI in Indianapolis or its surrounding areas.

Indianapolis Drunk Driving Attorney 317-636-7514

Indiana Implied Consent Law

The Indiana Implied Consent law is pretty straightforward, and therefore, easy to understand. You see, as a licensed Indiana driver, you automatically agree to a legal obligation called “implied consent.” So, this means that it is against the law to refuse chemical testing by law enforcement when under the suspicion of drunk driving. In addition to breathalyzers, law enforcement might use other types of testing, such as blood testing, urine testing, and field sobriety tests.

If you do refuse to take a chemical breathalyzer test, you are automatically, without adjudication, penalized. Refusal to submit to alcohol testing is an offense that results in an automatic 1 year drivers’ license suspension, effective immediately at the time of arrest, and then will also subject them to SR22 high risk auto insurance for 3 years after the arrest. This happens whether a person is guilty or not of intoxicated driving.

How to Deal With DUI Charges

If you were recently arrested for a DUI in Indianapolis or its surrounding counties, your first priority should be to retain the services of a licensed criminal defense attorney who specializes in drunk and drugged driving cases. From there, your next priority is to continue going to work and obeying the law. If you fail to hire a skilled drunk driving lawyer to protect your rights and preserve your freedoms, you will risk being sentenced to the maximum penalties for your charges.

Get Aggressive and Skilled DUI Criminal Defense in Indianapolis

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

Will I Go to Jail for Underage Drinking?

Posted on February 26, 2020 by admin

After you turn 18 years old in the United States, you are legally an adult. However, even though you are deemed an adult in the eyes of the law, you are still in fact, a minor, which means you are also still restricted from partaking in certain activities, primarily consuming alcohol. Currently, the legal drinking age is 21 years old, which means that anyone under the age of 21 years old is subject to arrest and underage drinking charges if caught by authorities. As a result of being caught intoxicated or in possession of alcohol while under the legal drinking age, many types of penalties can ensue; one of which could be jail time.

Continue reading to learn how Indiana law penalizes underage drinking, and what you can do to ensure you avoid the maximum sentence for your underage drinking charge.

Indiana Underage Drinking Lawyer 317-636-7514

Indiana Underage Drinking Laws

You must be 21 years old to legally consume or purchase alcoholic beverages in Indiana, and virtually all other states. If caught in possession of, under the influence of, or consuming alcoholic beverages as a minor adult, the law has a set schedule on how you are to be penalized.

Although judges have the discretion to modify the ultimate sentence handed down for underage drinking as they see fit, the basic statute for possessing, consuming, or transporting alcohol as an underage adult is a Class C Misdemeanor.

In Indiana, a Class C Misdemeanor is punishable by 0 to 60 days in jail, up to $500 in fines (§ 7.1-5-7-7). Fines do not include court costs, filing fees, nor attorney fees.

Potential Penalties for Underage Drinking:

⚠ Driver’s License Suspension – 0 to 12 Months
⚠ Alcohol Treatment Program
⚠ Community Service

How to Prepare for Underage Drinking Charges

If you were recently arrested for underage drinking, and you are 18 years old or older, you need to retain private legal counsel as soon as possible. Licensed criminal defense attorneys can build you a strong and impactful defense that will protect your rights and preserve your freedoms. Mostly, they can keep you out of jail. Just be sure to choose the right lawyer for your Indiana underage drinking charges, as it takes a motivated and aggressive attorney to fight your case.

Trust Indianapolis Criminal Attorney, David E. Lewis

Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful criminal defense against your Indiana underage drinking charges so that you have a chance at avoiding the maximum penalties for your suspected underage drinking. Our Indianapolis criminal defense law firm offers free initial consultations, so there are no out-of-pocket obligations to you.

When You Might Go to Jail for a DUI

Posted on December 26, 2019 by admin

Drunk driving and intoxicated driving charges are very serious, and the law uses such cases to set an example. But not all drunk driving convictions result with a jail sentence. In fact, with a good Indiana criminal defense lawyer representing your case, it is more likely that you will be ordered to alternative penalties in lieu of jail time. However, there are still plenty of DUI cases that do end up with a person spending some time in jail, which means it could happen to you if the circumstances are right. If you are ordered to serve time in jail or prison, the length of time served will depend on various factors; the same factors that out you in jail to begin with.

Continue reading to learn what these factors are so that you can better understand when a DUI arrest might send you to jail in Indiana.

Indianapolis DUI Defense Lawyer 317-636-7514

What is a DUI?

DUI Enhancements

The penalties and laws surrounding such charges vary from state to state, as do the possible enhancements that can increase the severity of the charges. Enhancements are factors and circumstances of a DUI that increase the severity of the crime. Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a BAC of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person. These enhancements will lead to a person serving time in jail.

Going to Jail for a DUI

When DUI charges reach the felony level, there is mandatory jail time involved. You might also go to jail or prison for a DUI if you are a repeat offender, and have added enhancements to your case, like the ones mentioned above. This would be known as an aggravated DUI. Aggravated DUI charges are the same thing as Felony DUI charges, which is the term used in Indiana. Additional aggravated DUI offenses include DUI in a school zone, operating a school bus under the influence of drugs or alcohol, driving intoxicated without a valid license, having multiple convictions within a short time frame, and more. An aggravated DUI conviction will result in some jail time in almost all cases.

In Indiana, DUI-related car accidents are labeled as Felony DUI charges, and come with severe penalties. So, if you cause bodily harm to another person, or worse, kill someone as a result of your intoxicated driving, you will spend a lengthy amount of time in jail, and quite possibly, prison. When DUI accidents end with fatalities, the charges increase to DUI manslaughter. Although the fatalities in these cases are unintentional, the charge still come with very severe penalties in Indiana. DUI manslaughter is a Level 5 Felony, which is a very serious charge.

Current Indiana DUI Jail Sentence Schedules for Basic Convictions:

Class C Misdemeanor – Up to 60 Days in Jail
Class A Misdemeanor – Up to One Year in Jail
Level 6 Felony – Six to 30 Months in Prison
Level 5 Felony – One to Six Years in Prison
Level 4 Felony – Two to 12 Years in Prison

Contact an Indianapolis DUI Lawyer Today

Call 317-636-7514 to schedule a consultation with aggressive Indianapolis DUI defense lawyer, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana drunk driving charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Possible Criminal Defense Strategies to Beat a DWI

Posted on November 18, 2019 by admin

Were you or a loved one just arrested and charged with some version of a DWI? If so, it is important to get started on your legal defense as soon as possible, especially if the circumstances of the arrest might get you out of trouble with the law. How do you expect to beat a criminal charge for driving while intoxicated? The answer is by obtaining a skilled and aggressive criminal defense attorney.

Continue reading to learn some of the most common and effective defense strategies a lawyer might use to fighting a drunk or drugged driving charge.

Don’t Fall for Old Wives’ Tales

There are many false assumptions and mentions on how to beat a DUI conviction, but the only real way to get your charges dropped or dismissed is by building a strong and impactful defense. The most common DUI defenses include improper police stops, improper field sobriety test protocol, medical conditions, Miranda right violations, and introduction of evidence at trial.

Improper Police Stops

Unless police had a reasonable suspicion that you were conducting criminal activity, they are not legally allowed to pull you over. A simple instinct or gut feeling is not enough to pass as reasonable suspicion. If police stops or pulls someone over illegally, any evidence gained is inadmissible. Police can legally pull you over for vehicular malfunctions, like a broken tail light.

Improper Sobriety Test Protocol

All police are required to adhere to strict protocols when testing a citizen’s sobriety in the field. These field tests have predetermined procedures that cannot be veered from. If police do not follow these protocols precisely, the evidence gained during a field test would be inadmissible in court.

Medical Conditions

One of the most common and effective defenses against DWI charges is proving a relevant medical condition, such as those that might give off the appearance of intoxication or distort the results of a roadside breathalyzer test. This might include epilepsy, diabetes, anemia, neurological problems, and exhaustion.

Miranda Right Violations

According to our Constitutional rights, police must inform all suspects under arrest that they are officially being arrested and are not free to leave. Furthermore, police are required by law to inform the arrested suspect of their rights, including their right to remain silent, their right to a lawyer, and more. If an officer fails to do this, it is considered a violation of your Miranda Rights.

Civil Procedure Violations

A DUI defense strategy that has worked well for many defendants doesn’t come into play until the day of trial. If evidence or state rules of civil procedure are violated in any way, a case can be dismissed. This might include improper character evidence, hearsay, and unauthenticated documents.

Contact a DUI Criminal Defense Attorney Today

Call 317-636-7514 to discuss your recent DUI arrest with aggressive Indianapolis DUI defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana drunk driving charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Possible DUI Penalties for Commercial Drivers

Posted on November 13, 2019 by admin

Getting charged with a DUI is serious enough in Indiana. But for those who operate a commercial motor vehicle (CMV), especially those arrested on the clock, will likely face a much higher degree of penalties. If you have a CDL, and you were recently charged with drunk or drugged driving, it is important to prepare yourself for the possible consequences if ultimately convicted.

Continue reading to learn how commercial DUI’s are charged and penalized in Indiana, as well as, how to protect your rights, including your drivers’ license and employment status.

Commercial Driver DUI Lawyer 317-636-7514

Commercial Motor Vehicle (CMV) DUI Penalties

A commercial drivers’ license (CDL) is a privileged license only imparted to those who have proven to have adequate knowledge and skill of driving commercial motor vehicles (CVM). If a commercial driver is charged with a DUI, there are additional consequences on top of the standard DUI penalties a person would normally face. Overall, commercial drivers stand to lose their CDL’s temporarily or permanently based on the number of “major” violations they are suspected of committing.

Most Serious CMV Violations:

⇒ Under the Influence of Alcohol or Controlled Substance
⇒ BAC of 0.04% or Higher
⇒ Refusing a Chemical Test
⇒ Using a CMV to Commit a Felony
⇒ Leaving the Scene of an Accident
⇒ Causing Death or Serious Bodily Injury
⇒ Operating a CMV on a Suspended or Revoked CDL from a Prior Offense
⇒ Using a CMV to Transport Controlled Substances (Lifetime CDL Suspension)

Commercial Motor Vehicle DUI Defense

Keep in mind, your Indianapolis criminal defense lawyer only has 10 days to spare your commercial drivers’ license after a drunk driving arrest. So it is vital that you act fast. As soon as you are released from custody, contact your DUI defense lawyer so they can get started on your defense immediately.

Aggressive Commercial Driver DUI Defense in Indiana

Call 317-636-7514 to schedule a consultation with aggressive Indianapolis commercial motor vehicle DUI defense lawyer, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana drunk driving charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Possible Drivers’ License Options Following a DUI Conviction

Posted on September 25, 2019 by admin

A DUI charge, short for driving under the influence, can result from operating a vehicle drunk, high, or otherwise inebriated on a controlled substance or narcotic. Regardless of how your DUI came about, you might want to put your attention towards your driving rights. This is especially important for those who rely on a vehicle for the sake of work, school, or children.

If you are facing DUI charges in Indiana, continue reading to learn what might happen to your drivers’ license status, including upon conviction.

Indianapolis Drunk Driving Lawyer 317-636-7514

Indiana Drivers’ License Penalties for DUI’s

Here in Indiana, it is important to know that OWI, DUI, and DWI are used interchangeably. This means they are refer to the same offense. With that being said, what happens to a defendant’s drivers’ licensed following a DUI conviction will vary depending the factors surrounding their arrest. Such factors may include the type of DUI, criminal enhancements (which amplify offense to higher charges), criminal record, and driving history. Common penalties often include jail time, probation, and fines. But all DUI convictions come with a drivers’ license suspension.

DUI Drivers’ License Suspensions in Indiana:
1^st Offense – License Suspended 3 Months to 2 Years
2^nd Offense – License Suspended 6 Months to 2 Years
3^rd Offense – License Suspended 12 Months – 10 Years

POSSIBLE DUI ENHANCEMENTS:
↳ DUI w/a Passenger Under 18 Years Old
↳ DUI Causing a Person Bodily Injury
↳ DUI Causing a Person’s Death
↳ BAC of 0.15% or More

Hardship License

When a person is convicted of a DUI, their license is suspended for at least 3 months, and up to 3 years. However, after 3 months, they may have the option to file for a “hardship license”, or probationary license, which allows them to only drive to and from work and school. A skilled DUI attorney can get you a hardship license without fail.

SR22 Auto Insurance

Another consequence of a DUI conviction is almost always the need for SR22 auto insurance. This is high risk auto insurance policies that convicted drivers must have for 3 years following an arrest. It is expensive and hard to find, but a skilled DUI lawyer can help you get the insurance you need.

Driving Record Points

A first-time DUI conviction will land a person 8 points on their driving record. More serious DUI convictions will add even more points to a person’s driving record. After so many points, driving privileges become restricted, suspended, or revoked. In other cases, too many points on a driving record will result in mandatory drivers’ education classes to reinstate licensed or return it to good-standing.

Contact a DUI Criminal Defense Lawyer Today

Can a DUI Charge Affect My Right to Child Custody?

Posted on June 12, 2019 by admin

Drunk driving charges and convictions can have all sorts of impacts on a person’ life. But what many do not recognize until much later is, such circumstances also affect family and loved ones. In fact, many defendants ask whether or not they can lose full or partial custodial rights if they are arrested, charged, or convicted of an intoxicated driving offense. Both mothers and fathers ask, “Will my kids be taken away?” “Will I lose visitation?” “Will my ability to regain custody be affected?”

If you are asking these same types of questions, whether for yourself or on behalf of a loved one, continue reading to learn what you need to know about DUI charges and child custody in Indiana.

DUI Penalties

If a person is arrested for a DUI, their impending charges will vary depending on the details of the offense and arrest. For instance, if a person has an unregistered gun or drugs in their possession at the time of the arrest, they will face more severe penalties than a standard 0.08BAC drunk driving arrest with no priors.

Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a BAC of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person.

Indiana Penalties for DUI Convictions:

FIRST DUI – Class C Misdemeanor

⇾ 60 Days 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

⇾ 5 Days to 2 ½ Years in Jail
⇾ Probation Up to 2 ½ Years
⇾ License Suspension 6 Months – 2 Years
⇾ Fines Up to $10,000

THIRD DUI – Level 6 Felony

⇾ 10 Days to 2 ½ Years in Jail
⇾ Probation Up to 2 Years
⇾ License Suspension 1 – 10 Years
⇾ Fines Up to $10,000

DUI Crimes and Child Custody

When you are contesting, requesting, or negotiating for child custody in court, you must demonstrate to the judge that giving you rights to child custody, in any aspect, is in the best interest of the child. Therefore, if you have multiple arrests and DUI convictions, it is possible that a judge would not be willing to grant full or partial custody, but rather, supervised visitation or similar setup. On the other hand, if you were convicted of your first DUI, and you have no criminal priors, a judge may be willing to overlook it if you can further demonstrate that you are living a healthy and responsible lifestyle.

Hire an Aggressive DUI Lawyer for Help

The best way to ensure your custodial rights are protected and preserved after being arrested for a drunk driving offense is to retain professional criminal defense representation. But not just any lawyer will do; you need an aggressive attorney who is well-versed and seasoned with DUI cases, and knows exactly how to build a defense to avoid the maximum penalties for your charges.

Call David E. Lewis, Attorney at Law, Today

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana DUI defense attorney, David E. Lewis, who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.