Many believe they have no choice but to enter a guilty plea when charged with DUI. But it’s crucial to understand that admitting guilt to any crime, including DUI, is irreversible. A DUI conviction in Indiana will impact all your relationships – personal and professional – and haunt you for the rest of your life, harming your chances of obtaining a job, earning money, and generally lowering your quality of life.
According to the NHTSA, intoxicated drivers are responsible for 17–20% of fatal collisions in Indiana. The statistics might seem insignificant until you cause an accident due to drunk driving. On the brighter side, there is still hope for you.
DUI Lawyer Indianapolis vigorously defends clients such as yourself who are facing OWI/DUI charges in Speedway, IN. Our DUI defense attorney in Speedway put their knowledge, dedication, experience, and skills to work for you to develop a solid defense for your Indiana OWI charges. Let our team be an informative resource to help you understand DUI law and Indiana’s criminal procedures. Call DUI Lawyer Indianapolis at 317-517-9002 for a free and no-judgment consultation.
What Is The Blood Alcohol Content Limit In Indiana?
The legal BAC limit in Indiana is 0.08%. However, those under 21 are only permitted to have a BAC of 0.02%. The threshold for commercial drivers is 0.04 %. You may be prosecuted for drunk driving if your blood alcohol content is at or above the legal limit in Indiana.
What Penalties Can I Face For A DUI In Indiana?
You will require a knowledgeable and experienced Speedway DUI Defense Lawyer to support you throughout the legal process if you are arrested and charged with DUI in Speedway, Indiana. The charge is typically either a misdemeanor or a felony, depending on whether you have a prior DUI conviction or whether you injured someone. Below are the DUI penalties for both first-time and repeat offenders:
First Time
The repercussions for a first DUI conviction in Indiana include a fine of at least $300 and up to $5,000, up to years’ license suspension, up to one year in prison, a court-ordered attendance at a victim impact panel, mandatory alcohol testing, and other sanctions.
You’d be subject to harsher punishments if you were found driving while intoxicated and your blood alcohol content (BAC) was over.15%; you were driving while intoxicated with a least one passenger under 18.
Repeat Offenses
If you are convicted of DUI more than once in Indiana, the penalties increase severely. Penalties only get harsher if you’re convicted of a second or third OWI in Indiana in the last five years, killed a law enforcement animal, or caused serious bodily injury. Sanctions for such a scenario range from 6 months to 6 years in prison and a fine of up to $10,000.
Your license may also be suspended for up to ten years if you receive two DUI offenses within ten years. Your license will be permanently suspended if you violate Indiana’s DWI regulations three or more times or if you have two DUIs that result in a fatality.
Can I Refuse A Breathalyzer Test In Indiana?
While you have the option to refuse a breathalyzer test, doing so will cause issues. You may still be charged with DUI and have your license suspended immediately after refusing the test.
You still be found guilty even if you refuse to take the exam. The court can still convict you of DUI based on what the police observed before and during the arrest. The officer’s assertions that you spoke strangely, had an alcoholic odor, or were wobbly on your feet can all be used as evidence. Some jurisdictions also view refusing to take mandatory tests as evidence of guilt.
Implied Consent Laws In Indiana
Indiana’s law on implied consent is straightforward to comprehend. When you drive in Indiana, you voluntarily accept a legal obligation. It is illegal to decline a chemical test when authorities suspect you are driving while intoxicated. In addition to breathalyzers, police can determine your level of intoxication using blood testing, urine tests, and field sobriety tests.
Refusing to submit to an alcohol test is a violation that results in a one-year license suspension right away and SR22 high-risk auto insurance for the following three years following your arrest. This occurs whether you are guilty of drunk driving or not.
What Is A Felony DUI In Indiana?
A DUI charge in Indiana is often a low-level offense. But when does a charge become a felony? DUI penalties are more severe under Indiana Code 9-30-5-3 if you have previously been convicted of DUI or are driving while intoxicated with a young kid on board. Penalties include increased fines, extended jail terms, felony convictions, and extended probation.
The punishment only gets harsher if you tamper with an interlock ignition, operate a vehicle while on probation or having your license suspended, operating a vehicle while intoxicated or with an open container, and more. If you gravely damage property or kill someone while driving under the influence, you will almost surely be charged with a DUI felony, even if it is your first OWI offense. Repeat DUIs within five years are also treated as felonies.
Common Defenses in DUI cases
Your risk your freedom if you are charged with operating a vehicle while intoxicated. The conviction may also result in a year in jail, a $5,000 fine, and a two-year license suspension. Luckily, we can still defend you in various ways. Here are four of the most common but effective OWI defenses:
Lack Of Probable Cause For A Stop
The officer must have probable cause for pulling you over to examine your vehicle. We will contend that there was insufficient evidence to establish your intoxication if the basis for your stop is incorrect. This may be sufficient to get the DUI accusation against you dropped.
Challenging Accuracy Of Tests
Breathalyzers can malfunction, and courts won’t accept inaccurate breathalyzer test findings. At DUI Lawyer Indianapolis, we will investigate the potential causes of an erroneous reading, such as health issues. We will also contest the outcomes of the field sobriety tests since they are quite subjective, and the officer might have administered them otherwise.
Deprivation Of Legal Counsel
You can speak with a lawyer after a DUI arrest in Indiana if doing so won’t impede or end the investigation. We will make a petition to reject or suppress evidence on the grounds of deprivation of counsel and require the State to demonstrate that any restriction of the right to counsel would have hindered the DUI investigation. If the State cannot do so, the court will withdraw the charges and suppress the evidence.
Contesting The Officer’s Alleged Observations
After dismissing the breath test, the prosecutor may still convict you based on other evidence, such as what the police report indicates. Luckily, we will contest the accuracy of any information that indicates you were driving while intoxicated. For instance, we can use your medical records to refute the police report if the officer observed that your eyes were red, yet you have allergies.
How Can A DUI Defense Attorney in Speedway Help Me?
You should immediately retain a skilled Speedway DUI Defense Lawyer from DUI Lawyer Indianapolis if you want to avoid a DUI conviction. When defending a DUI charge, our Speedway OWI/DUI defense lawyers will remain at your side at every stage. We can assist with every aspect of the case, including (but not limited to):
Revoking Your License Suspension
The driver’s license is usually suspended or revoked for DUI convictions. We will fight for you to get your charges dropped and your license reinstated. We will also defend and support your case as you go to the state department of motor vehicles to obtain your confiscated license.
Lessening Your Penalty
A DUI/OWI charge carries a range of penalties depending on the situation. The penalties for breaking the law repeatedly virtually invariably evolve with time. If you find yourself in a DUI conviction, you should seek the assistance of a competent DUI defense attorney in Speedway. Normally, DUI cases are challenging and intricate. For this reason, you ought to deal with a competent Speedway DUI defense attorney who knows what to accomplish and how the legal system functions.
Erasing Your DUI History
Most, if not all, DUI instances are distinct, and so are the results. DUIs can damage your reputation and will always follow you. You, therefore, require the assistance of a DUI defense attorney in Speedway to get the DUI record cleared.
Saving Resources
As professional Speedway DUI defense lawyers, we will figure out a method to navigate the legal procedures in your case. We know what to do in investigating any DUI case to ensure its dismissal. Our extensive experience in DUI cases will ensure you save time and money in court.
Full Case Dismissal
Our DUI defense lawyer in Speedway, IN, will create a strong case representation to challenge your DUI conviction in court. At DUI Lawyer Indianapolis, we have successfully ensured that a significant percentage of the OWI cases we handle result in full dismissal, thanks to our extensive experience in the field.
Need Legal Help? Contact DUI Lawyer Indianapolis Today
A DUI/OWI is a serious offense in Indiana that can harm your finances, reputation, and other aspects of your life. Fighting against OWI charges in Speedway requires considerable skills and experience. Contact us if you are seeking assistance from Indiana’s top OWI/DUI attorneys can help you to learn about applicable laws, potential penalties, and effective defense strategies for your case.
The Speedway OWI defense lawyers at DUI Lawyer Indianapolis are here to ensure you’re never left to fight by yourself. We will assist you in preparing for court, taking care of your obligations before appearing in court, submitting the proper papers to the DMV, and completing any alcohol education or treatment programs Indiana court orders as a requirement for you to regain access to your license.
Contact 317-517-9002 to schedule an initial consultation with a Speedway DUI attorney.
