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.

You Should Also Read:

Possible DUI Penalties for Commercial Drivers
When You Might Go to Jail for a DUI
Can a DUI Charge Affect My Right to Child Custody?

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

Do I Have to Consent to a K9 Sniff Search?

Posted on July 20, 2020 by admin

In the criminal defense field, defendants always have questions and concerns regarding the legalities of open-air K-9 dog sniff searches. The truth of the matter is, K-9 dog sniff searches do take place, and often enough. Moreover, the facts surrounding these stops and searches are complex and ambiguous. The specifics of every traffic stop and dog sniff case are factually different. For this reason, it is imperative to consult an experienced criminal defense attorney for a better understanding of the law and how it pertains to your case.

Continue reading to learn when and why a cop can perform a K9 dog sniff search, and what you need to do if facing criminal charges as a result.

Indianapolis Criminal Defense Law Firm 317-636-7514

Police K-9 Searches

K-9 dog sniff searches most often take place during a routine traffic stop. The legal standard for an officer’s right to pull a motorist over is vague. Essentially, law enforcement can stop a driver for almost any reason, so long as they have “good faith” or “a strong belief” that a motorist has committed a traffic violation. If later it is discovered that no traffic violation actually occurred, the police officer still had the right to make the stop. However, if it is discovered that the officer stopped the motorist for invalid reasons, anything found in or around the vehicle is suppressed in court and cannot be used against the motorist. This is why a criminal defense lawyer will initially ignore the legitimacy of the dog sniff search, and first determine if the original traffic stop was valid to begin with.

When a defendant wants to prove the unconstitutionality of an open-air dog sniff search during a routine traffic stop, they must prove two facts in a court of law: 1) There was no reasonable suspicion of criminal conduct taking place that would have validated prolonging the primary reason for the stop, and 2) once the original reason for the stop was completed, they were detained for an unreasonable amount of time in order for law enforcement to carry out the open air k-9 search.

If an officer pulls a motorist over for a minor traffic violation, issues a ticket for the infraction, and completes the process for such a stop, they have no further reason to detain the person any longer unless they have reasonable suspicion that other crimes are afoot. For example, if the officer discovers a warrant for their arrest, or a suspended license, they have the right to take more time to investigate further. But if the warrant check comes back clean and everything else is good, and the motorist is already issued a ticket for the original reason for the stop, law enforcement cannot detain the driver any longer. On the other hand, if a warrant-less K-9 sniff is performed during the original stop, and before the officers’ duties of the stop are completed, the search and seizure procedures are NOT in violation of a motorists’ constitutional rights.

Talk to a criminal defense attorney for a complete understanding of your traffic stop and resulting criminal charges. You have a stronger chance at dismissing or reducing your charges with the help of a seasoned legal defense team.

An Indianapolis Criminal Defense Law Firm at Your Service

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a crime in Indiana. Our Indianapolis criminal defense law firm offers free initial consultations for anyone who wishes to discuss their recent criminal 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.

Am I Eligible for a Hardship Drivers License in Indiana?

Posted on April 6, 2020 by admin

After having your driver’s license suspended, life changes quite a bit. You never truly realize how much of a privilege it is to be allowed to drive a car. For that reason, you are likely very motivated to earn your driving privileges back, or at least be approved for an alternative, probationary driver’s license, also known as a hardship license.

Continue below to learn more about Indiana hardship driver’s licenses, how to determine if you qualify, and where to get started if you do.

Indiana Driver's License Lawyer 317-636-7514 — Indiana Driver’s License Lawyer 317-636-7514

Suspended Driver’s Licenses

The Indiana Bureau of Motor Vehicles (BMV) suspends licenses for several reasons. Most often, they suspend driver’s licenses for habitual traffic offenses or being cited for reckless driving, which includes driving on a suspended license, driving without insurance, and leaving the scene of an accident. However, the BMV will also suspend licenses for OWI convictions, drug convictions, not paying child support, failing to appear for court, failing to pay BMV fines, and much more. Generally, driver’s licenses are suspended up to one year, but can be suspended even longer under certain circumstances. For this reason, it is important to retain professional legal counsel to protect your rights and preserve your freedoms.

Indiana Hardship Licenses

For standard drivers, losing driving privileges can be incredibly inconvenient and dispiriting. For those who rely on a driver’s license to earn an income, it can pose a very traumatic ripple of effects in both personal and professional life. Regardless of why you rely on your driving privileges, it is in your best interest to get your license back as soon as possible. One such alternative offered in Indiana for those with a suspended driver’s license is known as a hardship license. A hardship license, also known as a probationary driver’s license, is a provisional license that allows you to drive under strict and specific terms and conditions. The primary benefit of a hardship license is that it gives you permission to drive to important places, such as school, work, or medical appointments.

Qualifying for a Probationary License

Not all individuals qualify for a hardship license, as there are several prerequisites that one must meet to be considered eligible. But there is some good news; back in 2015, on January 1, Indiana’s hardship license law went into effect. Since then, many more individuals have become eligible for a hardship license. This means, if you did not qualify for one before, you might qualify now! See our blog, “Indiana’s Specialized Driving Privileges May Be Your Solution to a Suspended License” to learn more. Then contact a skilled Indianapolis criminal defense lawyer for help determining your eligibility and submitting your petition!

Call David E. Lewis, Attorney at Law in Indianapolis

Call 317-636-7514 to discuss your issues with your current legal representation with David E. Lewis, Attorney at Law. He is an aggressive and experienced Indianapolis criminal defense attorney 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 help you through the process of changing lawyers, and then build you a stronger and more impactful defense against your Indiana criminal 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

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.

Do I Need a Lawyer for Traffic Court?

Posted on August 28, 2019 by admin

From the moment you get your drivers’ license, it is only a matter of time before you wind up being pulled over for a minor traffic offense. It is simply a part of the learning curve of operating a motor vehicle under Indiana state and federal laws. From broken taillights and expired plates, to speeding, illegal U-turns, running red lights, and more, there are plenty of minor to moderate traffic offenses that drivers can be cited for on the road. However, there are also quite of few serious traffic offenses, such as reckless driving, unlicensed driving, underage driving, intoxicated driving, and more.

If you were recently cited for a traffic offense, you are likely wondering what to expect from the process, including your personal obligations to resolve or satisfy the citation. One of the most common questions drivers ask regarding traffic offenses is whether or not they will have to go to court; and if so, whether or not they require a traffic court lawyer.

Continue reading to learn what you need to know about hiring a lawyer for traffic court.

Indiana Traffic Court

When you are given a ticket for a minor traffic offense, typically you would simply pay the fine by following all instructions on the documents provided by the issuing officer. But if you pay the fine, it is the equivalent of pleading guilty to the traffic offense. This is where traffic court comes into play; if you want to refute or contest the ticket, you will need to do so in a court of law. The instructions for notifying the proper authorities that you wish to appeal the ticket would also be included in the documents provided to you at the time of the citation.

Why go to court? Well, many traffic offenses, such as speeding, will cause a driver to lose points on their driving record. In turn, loss of driving points can affect automotive insurance coverage, insurance rates, professional driving licenses, rental car eligibility, and more. Ultimately, the loss of too many driving points can result in a suspended or revoked drivers’ license.

When to Hire a Traffic Court Lawyer

If you believe that you were unfairly or falsely cited for a traffic offense, you can choose to represent yourself in traffic court. However, if your driving record is on the brink of serious penalization, and another traffic conviction might mean losing your driving privileges, it is wise to discuss your case with a licensed attorney. They can determine how strong or impactful your case is, and provide the proper legal guidance to avoid a traffic conviction.

Misdemeanor Traffic Lawyer in Indiana

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

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

Category Archives: Traffic Offenses