The number of fatal car accidents caused by drunk drivers is on the rise in Brownsburg, Indiana. In the state of Indiana, alcohol-related accidents accounted for over 6,000 deaths in 2016 alone. People are being arrested for drunk driving almost on a daily basis.
If you or your loved one has been arrested for driving under the influence of alcohol (DUI) or driving while intoxicated (DWI) in Brownsburg, it can have devastating consequences on your future. You may lose your driving license, spend time in jail, and not be able to find a job or get a promotion as a result of a DUI or DWI charge. It’s important to know that you can only be punished if the prosecution can convict you. An experienced DUI defense attorney in Brownsburg, IN, can make the prosecutor’s job as hard as possible and save your reputation in the process.
DUI Lawyer Indianapolis is your trusted criminal defense law firm in Brownsburg, IN. Our reputable and experienced DUI defense lawyers can help minimize or neutralize the impact of a DUI or DWI on your future. Our team will evaluate your case and let you know of the options you have. We have experience in handling any type of DUI or DWI charge and could recommend the best course of action for your situation. Call the expert team of DUI defense lawyers at DUI Lawyer Indianapolis today at 317-517-9002 to learn more about how we can help you.
What Is The Blood Alcohol Content (BAC) Limit In Indiana?
As per Indiana law, a driver is considered to be intoxicated if his/her blood alcohol concentration (BAC) levels are equal to 0.08 or above. For example, 0.08% of the individual’s bloodstream is composed of alcohol. Commercial drivers should maintain a BAC under 0.04 and drivers under 21 years of age should maintain a BAC under 0.02 as per state laws. Penalties for drivers with a BAC of 0.15% or above can be serious. Their trial will include witness testimonies based on the individual driver’s reckless driving.
The police will ask you to take a breathalyzer test to determine whether you are driving under the influence of alcohol. If there are signs of intoxication after the test, the officer will ask you to take another chemical test to prove the results. When you decide to drive on a public road in the state of Indiana, you already give your consent for blood or urine tests to be performed on you. Hence, refusing a breathalyzer test can have negative consequences in the long run.
What Penalties Can I Face For A DUI In Indiana?
The penalties for a DUI or DWI in the state of Indiana may depend on several factors including the amount of alcohol in your system, your age, and the number of previous convictions you have. If you are under 21 years of age, a DUI or DWI conviction can have serious repercussions for your future. Why do you want to suffer all the stress and agony of a DUI charge by yourself when you have the option of working with an experienced DUI defense lawyer?
DUI penalties in Indiana are based on the circumstances of your specific case. It will also depend on your past record. In fact, repeat offenses are seriously dealt with under Indiana law. Here is what the potential sentences generally look like for a first, second, and third misdemeanor DUI:
First offense
Your first DUI will be classified as a Class C misdemeanor in the state. Expect a jail term between 60 days and one year if your BAC levels are 0.15% or more. The fine will be between $500 and $5,000 with a typical license suspension of 180 days.
Second offense
The second offense is classified as a level 6 felony in Indiana. You should expect a jail term of up to 2 1/2 years and a fine of up to $10,000. Your license can be suspended for up to two years for a second DUI or DWI offense.
Third offense
The third DUI offense in Indiana is classified as a Class D felony. The penalties will result in a minimum sentence in jail of 10 days up to 3 years. Fines may reach up to $10,000, and you will have your license suspended for a minimum of 1 year and possibly as long as 10 years.
Subsequent DUI offenses
Penalties for multiple DUIs may include:
- Up to 3 years in jail
- Fines of up to $10,000
- License suspension can go up to 10 years depending on the seriousness of your charges.
Can I Refuse A Breathalyzer Test In Indiana?
As soon as you obtain a driver’s license in Indiana, you have given your implied consent to submit to chemical testing. If you refuse a breathalyzer test, you will be violating the implied consent and subject to arrest.
Implied Consent Laws In Indiana
When you obtain your driver’s license, you give your consent to submit to chemical testing if the police have probable cause to believe you are operating a vehicle under the influence of alcohol (I.C. 9-30-6). Refusing to submit to a chemical test can have negative consequences on your driving privileges. If a police officer has probable cause to believe that you are operating a vehicle under the influence of alcohol, he or she will offer you the opportunity to submit to a chemical test, which should be performed within 3 hours of suspected intoxicated driving (I.C. 9-30-5). The officer is allowed more than one test as per the requirement. But they can’t offer the test to an unconscious person (I.C. 9-30-6-2).
What Is A Felony DUI In Indiana?
The first DUI offense is classified as a misdemeanor in the state of Indiana. But the first offense can be a felony DUI when the driver:
- Drives the vehicle while intoxicated with a minor in it
- Seriously injures or kills a person while driving under the influence of alcohol
- Has been charged with a DUI/DWI within the last seven years
The charges for a felony DUI are more serious compared to a misdemeanor DUI. A felony DUI in Indiana would have the following consequences:
- A felony on your record
- A jail term of up to 2 1/2 years for a level 6 felony
- Suspension of your driver’s license
- Higher fines and longer probations compared to a misdemeanor DUI
- Court-ordered participation in a rehabilitation program
Common Defenses In DUI Cases
A reliable and experienced DUI defense lawyer at DUI Lawyer Indianapolis can help reduce or drop your charges altogether. They will use one of the following DUI/DWI defense strategies to prove your innocence and reduce or altogether drop your charges:
The Breath Alcohol Testing Was Inaccurate
A breathalyzer determines the particles of breath alcohol in your lungs in order to give a measurement of the BAC level in your blood. The reading can be inaccurate at times and a single test alone isn’t sufficient to determine the levels of alcohol in your system. Variances in your body temperature during the administration of the test can result in a false high reading.
Illegal Stop of The Vehicle
A driver can’t be stopped unless the police officer believes that a traffic law or other law has been violated. The Fourth Amendment of the U.S. Constitution helps protect all its citizens from unreasonable searches and seizures.
The Suspect Wasn’t Given the Opportunity to Contact an Attorney During the Dui Investigation
Any person has the right to consult with a lawyer during any criminal investigation before or after being arrested. If the suspect wasn’t given the opportunity to contact an attorney within the specific time frame, an experienced DUI defense lawyer can use it as a defense strategy.
Medical Conditions
If the victim had a medical condition such as diabetes, the breathalyzer test can show inaccurate results.
How Can A DUI Defense Attorney in Brownsburg Help Me?
Our top priority is defending you to get your charges dismissed altogether. If it’s not possible to get your charges dismissed, our experienced lawyers will try to pursue a lighter penalty for your DUI offense. We have the necessary expertise, skills, and resources to point out the inconsistencies in the evidence to weaken the prosecution’s case. Our team will then negotiate a plea deal with the prosecutor on your behalf.
If you are charged with a felony DUI, our experienced lawyers can argue your charge to bring it down to a misdemeanor DUI. We will file an appeal on your behalf and pursue a more favorable outcome. Contact us today!
If you or a family member has been charged with a DUI in Brownsburg, IN, you are entitled to defend your side of the case. The experienced DUI defense lawyers at DUI Lawyer Indianapolis can help you by arguing your case for less severe penalties or the dismissal of the charges. Call the expert team of DUI defense lawyers at DUI Lawyer Indianapolis today at 317-517-9002 to learn more about how we can help you.
