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.

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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.

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

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.

Indianapolis Drunk Driving Attorney 317-636-7514

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.

DUI Criminal Records vs. Driving Records

Posted on January 22, 2019 by admin

If you were charged with a DUI in the last ten years, this blog is for you. Continue reading to learn how your DUI conviction appears on your driving record and your criminal record, and how it affects both.

Criminal Record Expungement 317-636-7514

Driving Records

Every state is different when it comes to how long a DUI conviction remains on a driving record. For instance, states like Arizona have a 5 year period, while states like California have a 10 year period. Unfortunately, if you are a resident of Indiana, a DUI conviction stays on your driving record forever. But Indiana is not alone; additional states that have this same “for life” rule include Alaska, Ohio, Kansas, Oregon, Tennessee, Texas, and Vermont.

In Florida, DUI’s stay on driving records for 75 years, while New Mexico residents will have their DUI on record for 55 years. Those who can access driving records include government officials, law enforcement, and the drivers’ licensed branch. The general public would have a harder time accessing these records, which means you may not have to worry about having a DUI conviction on your driving history.

Criminal Record

A DUI is not just a driving infraction, it is also a crime. This means that a conviction will appear on your driving record, as well as your criminal record. For Indiana residents, a DUI conviction remains on a criminal record much like a driving record: forever. The only way to have a DUI removed or sealed from your criminal record is to have it expunged; however, there are various strict prerequisites for qualifying for criminal record expungement.

The list of those who can access your criminal records is much longer than the DMV list. Anyone can access criminal records because they are public, including employers, landlords, scholastic admissions committees, and even friends and family. For this reason, it is wise to consider expungement in your state.

Talk to a Criminal Record Expungement Lawyer TODAY

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to petition for criminal record expungement in Indiana. Facing a DUI charge? We also provide aggressive DUI criminal defense! Our law firm offers free initial consultations to discuss your case. Whether you are looking to avoid the maximum penalties for your DUI charges, or you want to learn more about expunging them, we can help!

FAQS About DUI Checkpoints

Posted on September 11, 2017 by admin

Catch up on some important sobriety checkpoint facts by reading these frequently asked questions and answers!

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What is a DUI checkpoint?

A DUI checkpoint is more appropriately called a sobriety checkpoint, since that is the umbrella purpose. They are tools intended to check a person’s sobriety to ensure they are not driving under the influence of drugs or alcohol. Sobriety checkpoints are controlled and conducted by law enforcement, and can be set up on any public roadway or intersection in the city.

Where are DUI Checkpoints?

In many cases, there is more than one DUI checkpoint underway at one time, and they can be spread all over different parts of the city. You can never know where they will pop up, as their locations and times are chosen at random under the discretion of local law enforcement agencies. Generally, they are put into action on regular weekends, or during busy events like festivals, parades, races, game days, concerts, and more.

Are DUI Checkpoints Legal?

Many drivers think they do not have to stop at a DUI checkpoint, or that they can refuse to roll down their window and talk to police due to their rights protected by the 4th Amendment. But in 1990, the United States Supreme Court affirmed that sobriety checkpoints do not violate our right against unreasonable search and seizure. This means that DUI checkpoints are legal, and furthermore, mandatory by law for anyone who has a drivers’ license. However, law enforcement is legally obligated to adhere to strict criteria to ensure safety and legality standards are met.

Do I Have to Take a Sobriety Test?

You do not have to take a field sobriety test, as they are not mandatory by law; however, chemical tests are different. Indiana is an implied consent state, which means that by having a drivers’ license you automatically consent to chemical testing (breath, urine, or blood). If you refuse to take a chemical test, you will automatically lose your driving privileges for one year. And you will still go to jail and face criminal charges.

What Rights Do I Have at a Sobriety Stop?

If you pull up to a sobriety checkpoint, your rights are the same as they would be with any other routine traffic stop. You are required to cooperate with law enforcement, and give them your name, drivers’ license, and registration. You do, however, have the right to remain silent. You don’t have to answer additional questions outside of your name, address, and driving documents. You should not offer more information than you need to, and never admit to guilt.

What Do I Do if I Am Facing DUI Charges?

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for aggressive DUI criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor criminal charges by calling David E. Lewis, Attorney at Law, today!

How to Find a Great DUI Lawyer

Posted on October 25, 2016 by admin

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

DUI cases are challenging. It takes a really good lawyer to get you a better outcome than the maximum penalties for your crime. If you were recently arrested and now facing drunk driving charges, don’t trust a public defender to do the job you’re looking for them to do, and don’t trust just any lawyer. You need a criminal defense attorney that retains the qualities and credentials that make them great. Continue reading to learn some helpful tips for finding a great DUI lawyer.

What to Look For:

✤ Experience

Experience says a lot about a lawyer. The more experience they have, the more knowledge they have about the local criminal processes, procedures, laws, ordinances, and all other aspects of the criminal justice system in your town. You want to look for criminal defense attorney that have at least 10 years of experience in your state. This generally indicates they know which arguments are successful in court, and most likely, have long-standing relationships with the local court houses and prosecutors.

✤ Testimonials and Reviews

Look around online for local criminal defense lawyers, and then research their client testimonials and customer reviews. This will give you a good idea of which lawyers are reputable in your area in which are not so popular or experienced quite yet. Aside from online testimonials and customer reviews, you one also ask around. Ask friends, family members, and coworkers if they have any recommendations for a good criminal defense attorney. Only ask people that you trust since DUI charges are a sensitive topic that is usually kept confidential, especially at work.

✤ Consultations

It is recommended to look around for law firms that offer consultations to discuss their services and your case. It is a good sign if you find a lawyer who is willing to meet face-to-face, and an even better sign that they offer to do so for free. In fact, free consultations is a common service offered by most criminal defense law firms. Ones that don’t offer free consultations may be questionable.

✤ Cases Won

Track records are important to look for when looking for criminal defense representation. Choose an attorney with a good track record, one with multiple DUI cases won. If they don’t have some case history available for clients to see, or they refuse to provide such information, they may be questionable to work with.

✤ Website

Is a criminal defense lawyer is serious about their career, they usually have a website. Look at websites to learn more about lawyers and their practice. Websites generally have information about office locations, contact information, practice areas, case history, testimonials, pictures, and much more. This is helpful when deciding on a criminal defense attorney to represent your drunk driving case.

Indianapolis Criminal Defense Attorney

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you need a DUI lawyer in Indianapolis, Indiana. He has decades of experience representing clients in DUI cases, and works around the clock to ensure your rights are protected in your freedoms are preserved. Regardless if you are criminal charges are misdemeanor or felony DUI offenses, he is eager to help you avoid the maximum penalties for your crime. Call 317-636-7514 to schedule a free initial consultation with a trust in Indianapolis criminal defense attorney, today.

What You Should Do if You are Pulled Over for a DUI

Posted on March 1, 2016 by admin

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If you are ever out on the town and have had at least two alcoholic beverages, you could very well be over the state legal limit for drinking and driving. This of course depends on several variables, including your weight, the type of alcohol imbibed, the amount of alcohol consumed, the time period in which the alcohol was consumed, and more. In Indiana, any driver that has a blood alcohol content (BAC) of 0.08 percent or more is considered legally intoxicated and guilty of drunk driving. The legal limit drops to 0.04% for commercial drivers, and even lower to 0.02% for underage drivers.

If a police officer suspects that a driver is intoxicated, they will proceed to pull them over and investigate. In other instances, a person may be pulled over for something entirely unrelated, but if the officer observes any visual cues that are indicative of intoxication, they will proceed with a spontaneous DUI investigation. Either way, if you are ever pulled over by law enforcement, and you have been drinking, be sure you know what to do and how to behave for the sake of protecting your rights and preserving your freedoms.

When You See the Red and Blue Lights Come On…

Pull Over Appropriately. Do not panic or make any sudden jerking movements. Just signal your light and slowly pull over out of the way of traffic. In Indiana, you must always pull over the right side of the road. If you pull over on the left, law enforcement will immediately suspect you may be impaired.

Stay Inside Your Car. Once you are pulled over to the side of the road, turn your engine off and remain in the car. Put on your blinkers, and if it is dark out, turn on your interior light. Now that you have done all this, place your hands on the steering wheel and keep them there until the officer arrives. This process demonstrates behaviors that are least likely to raise concerns for a cop. It is honest and normal behavior, not suspicious. Only get out of the vehicle if the officer asks.

Avoid Suspicious Behaviors. You are always being observed on a traffic stop, it is part of law enforcement training. Everything you do is being noted mentally or by video surveillance. Do not do anything that looks as though you are attempting to hide or conceal something. For example, a cop can search you and your vehicle if he sees you lean forward after he pulls you over. This indicates you are trying to hide something under the seat. Small behaviors like this can raise suspicion in law enforcement. Do not spray anything to mask smell, insert eye drops, chew gum, eat a mint, or fidget for paperwork and other items. These are all cues that you are perhaps hiding or guilty of something.

Be Respectful and Obedient. Do everything that the officer asks of you and be polite. Remember, they are in complete control. Do not talk back, argue, or ask questions. Use relaxed and non-offensive body language. Any impression of stubbornness or aggression is detrimental to your outcome.

Do Not Volunteer Information. Never over share information to a cop when being pulled over and questioned. Answer their questions without volunteering any additional information and keep a respectful tone. Talking too much can get you into more trouble. Not only can you mix up or contradict your story, you can allow an officer to get a whiff of any alcohol on your breath.

Do Not Say How Much You Have Had to Drink. When an officer asks you, and he will, how much you have had to drink, be careful what you say. Do not offer “underestimations” of how much you drank. This can be detrimental to your defense when it is time for your trial. Instead of saying, “I had one or two drinks” or some other under-estimation (especially if it’s untrue), simply remain silent, or say you don’t recall what you had to drink. You don’t want to blatantly lie to a police officer. And the judge for your hearing will know you lied if your BAC turned out to be higher than that of a person who has had “one or two” drinks.

Do Not Refuse BAC Testing. Indiana is an “implied consent” state. This means if you have a drivers’ license, then you automatically consent to BAC testing anytime. It is the law. If you refuse, your license will be automatically suspended for 12 months, and you will still be arrested. If an officer asks to perform a field sobriety test, politely ask if it is voluntary. If not, ask if you can have a breathalyzer instead. Although you should avoid asking questions, in this case it is okay since it could help you defense later on.

DUI Defense in Indiana

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis Attorney at Law at 317-636-7514 for aggressive and experienced criminal defense for DUI charges in Indiana. He is a licensed DUI defense lawyer that fights for his client’s rights and the preservation of their freedoms. Schedule a free initial consultation to learn the next steps after being arrested for drunk driving in Indiana. Act fast so that Attorney David E. Lewis can begin building a strong and impactful defense for your case to reduce or dismiss criminal charges. Call 317-636-7514 for DUI defense in Indianapolis, IN you can trust.