If you are facing DUI charges in Carmel, you need to take the situation very seriously. A DUI conviction in the state of Indiana carries severe penalties, which are amped up in the presence of certain factors. You need to ensure that you take all the right steps to minimize the chances of a conviction and avoid any damaging penalties. Hiring the services of an experienced Carmel DUI defense attorney should be your first and most important step.
In addition to facing severe legal penalties such as lengthy jail time, hefty fines, driver’s license suspension, community service, and mandatory drug treatment programs, you can suffer other negative long-term consequences affecting your personal and professional life. A skilled DUI defense attorney in Carmel can help you avoid all these.
At DUI Lawyer Indianapolis, we have a team of aggressive and dedicated DUI defense attorneys. Through our experience, connections, and in-depth understanding of the law, we can help deliver the best outcome for your case. This can include proving your complete innocence, getting your case dismissed, reducing the number and severity of charges, or ensuring that you don’t lose your driving privileges. Reach out to our team today at 317-517-9002 to schedule a free case evaluation and begin the journey of protecting your freedom and future.
What Is the BAC (Blood Alcohol Content) Limit in Indiana
As with most other states, it is illegal for drivers 21 years or older to drive with a BAC of 0.08 or above in the state of Indiana. Drivers below the age of 21 years are subject to a legal limit of 0.02. Drivers operating commercial vehicles are not permitted to drive with a BAC of 0.04 or above.
The police use a range of certified chemical tests to determine your blood alcohol concentration including breath, urine, and blood tests.
It is also important to note that you can still be charged with DUI if you have a BAC below 0.08 if it compromises your ability to drive safely.
What Penalties Can I Face for a DUI in Indiana?
In the event of a conviction, the DUI penalties handed down will depend on the presence of previous convictions and other compounding factors.
First Offense
A first-time offense, in the absence of any compounding factors, is classified as a Class C misdemeanor. This carries a maximum jail term of 60 days and a maximum fine of $500. You also face a license suspension of between 90 days and 2 years.
If your BAC was above 0.15, you will be charged with a Class A misdemeanor. This carries a maximum jail term of 12 months and a maximum fine of $5,000. You can also be ordered to do community service.
Second Offense
A second DUI offense within 5 years of your previous conviction is classified as a Level 6 felony. This carries a jail term ranging from six months to two and a half years and a fine of up to $10,000. You may also face a license suspension of between 180 days and 2 years. You may also have to complete 180 hours of community service.
Third Offense
A third DUI is classified as a level 6 felony. This carries a jail term of up to two and a half years and a maximum fine of $10,000. Your license may be suspended for a period between 1 and 10 years. You may also have to do 360 hours of community service.
Can I Refuse a Breathalyzer Test in Indiana?
In the state of Indiana, you can face legal consequences for refusing to submit to a certified chemical test. A certified chemical test includes a blood, urine, or breath test conducted at a police station or hospital by someone certified to administer the test.
A certified breath test is different from the one administered at the stop using a portable handheld breathalyzer. The results of the portable handheld breathalyzer test are not admissible in court. They are primarily used to establish probable cause for an arrest. Refusing to take a roadside breathalyzer test doesn’t carry any legal consequences.
However, refusing to submit to a certified breath test can lead to an automatic license suspension of one year. If you have a prior DUI conviction, your license will be suspended for two years.
Implied consent laws in Indiana
Under Indiana’s implied consent law, any driver operating a vehicle on a public road automatically consents to chemical testing including a certified breath, urine, or blood test. Refusing to submit to such a test when requested is a violation of this law and carries legal penalties.
If it is your first DUI, refusing to submit to a chemical test results in the automatic suspension of your license for one year. If you have a prior conviction, your license may be suspended for two years.
What Is a Felony DUI in Indiana?
A regular first-time DUI is classified as a misdemeanor. However, in the presence of certain compounding factors, it may be bumped up to a felony. This includes instances such as
- Drunk driving while with a minor in the car
- Causing the injury or death of another while drunk driving
A felony DUI conviction results in automatic jail time.
Felony DUIs are classified into three categories:
Level 6 Felony
A Level 6 Felony DUI arises when you:
- Have a prior DUI conviction within the past 5 years
- Engage in drunk driving while with a minor in the car
- Cause the injury of another person while drunk driving
The penalties for a Level 6 Felony include a prison sentence ranging from six months to two and a half years.
Level 5 Felony
A Level 5 Felony DUI arises when you have a prior DUI conviction within the past 5 years and your current DUI involves the death or injury of another.
The penalties for a Level 5 Felony include a maximum jail term of six years and a maximum fine of $10,000.
Level 4 Felony
A Level 4 Felony DUI arises when you cause the death of another while drunk driving and:
- Have a suspended driver’s license
- Have a prior DUI conviction within the past 10 years
- Have an exceedingly high BAC
The penalties for a Level 4 Felony DUI conviction include a prison sentence ranging from two to twelve years and a maximum fine of $10,000.
If you cause the injury or death of multiple individuals in a single drunk driving incident, each individual case may be treated as a separate felony.
Common Defenses in DUI cases
DUI charges don’t always translate to convictions. With the assistance of a skilled and keen DUI defense attorney, you can get off the hook on a technicality, even if you are guilty of the crime. Here are some effective DUI defense strategies that may apply in your case:
Lack of Probable Cause for Stop
The law requires that a police officer needs reasonable suspicion to conduct a traffic stop and needs probable cause to arrest you. This means that a police officer cannot just randomly stop you and arrest you on mere suspicion that you are drunk driving
Reasonable suspicion can arise if the police officer notices a traffic violation, you swerving between lanes, driving abnormally slow, and other suspicious behavior.
Probable cause for an arrest can arise if you fail a field sobriety test, intense smell of alcohol, slurred speech, and so on.
If an attorney can prove that the police officer did not have reasonable suspicion to stop you in the first place and didn’t have probable cause for an arrest, they can have your case dismissed.
Challenging Accuracy of Tests (breathalyzer Etc.)
In Indiana, there are strict rules and procedures surrounding the administering and use of chemical test samples. For instance, they should be conducted by certified personnel and should be carried out within three hours of establishing probable cause. The prosecution has to prove that these tests were conducted as per the Indiana Department of Toxicology guidelines.
However, issues may arise when the police and staff make mistakes or fail to follow the stipulated procedures. The condition of the equipment used as well as the handling of the samples may lead to inaccuracies. Also, factors such as medications may lead to false results. Delays in the administration of blood tests may show a higher BAC than when the arrest happened.
An attorney will investigate all these issues to determine the accuracy of the results.
How Can an Indiana DUI Defense Lawyer Help Me?
Your smartest move when facing a DUI charge is to hire an experienced criminal defense lawyer. Here’s how an Indiana DUI defense attorney can help you:
Protecting Your Constitutional Rights
One of the main reasons why many people get wrongly convicted of DUIs is having their rights infringed upon by the state. An attorney will help to defend your constitutional rights throughout the entire process and give you a fair playing ground.
Plea Bargain Negotiation
If the evidence against you is overwhelming, your best option may be to enter a plea bargain. The initial deal presented by the prosecutor is rarely favorable to the defendant. An attorney will negotiate with the prosecutor to work out a more favorable deal.
Trial Representation
If your attorney is unable to reach a favorable plea deal or if they believe they can prove your innocence in court, they will prepare to fight your case in trial. Our attorneys have extensive court experience and know what it takes to twist the verdict in your favor.
An Experienced DUI Defense Attorney In Carmel Can Help!
A DUI conviction has the potential to permanently alter your life, especially if it is a repeat offense. The likelihood of serving lengthy jail time, paying hefty fines and fees, losing your driving privileges, and suffering long-lasting life consequences is very much real. Keep in mind that there are many innocent people wrongly convicted of DUI offenses and others who would have gotten off easy or on a technicality had they had an attorney. Contact us today for your free consultation.
At DUI Lawyer Indianapolis, we are committed to helping clients faced with DUI charges secure their freedom and future. We can do the same for you. Give us a call today at 317-517-9002 to schedule a free consultation.
