Operating while intoxicated (OWI) is a serious charge with dire consequences if you are convicted. If you face OWI charges, you must consider all your options and whether they can mitigate the consequences. Your best bet is to hire a reputable DUI lawyer to help you fight these charges.
Choosing the best DUI lawyer in Westfield can be challenging. At DUI lawyer Indianapolis, we are experts at defending individuals charged with a DUI and understand Indianapolis’ DUI laws. We have multiple years of experience handling different DUI cases and helping our clients fight the charges. We know each case is unique and will develop the best possible defense for your case.
The DUI defense attorney in Westfield at DUI Lawyer Indianapolis is dedicated to fighting for our clients and ensuring you get a favorable outcome. Do you need legal representation for your DUI charge? Call us at 317-517-9002 and book a confidential consultation today.
What Is The BAC (Blood Alcohol Content) Limit In Indiana?
Driving while intoxicated is a serious offense and often results in severe or fatal crashes. According to the National Drunk Driving Map statistics, 72.6% of alcohol-impaired fatalities in Indiana involve high BAC drivers (.15%). Under the I.C.§ 9-30-5, it is illegal for people to operate vehicles with a .08% BAC or more.
The BAC limit in Indiana is:
- .08% for adult drivers
- .01% for drivers under 21
- .04% for commercial drivers
What Penalties Can I Face For OWI Charges In Indiana?
Several factors will affect the penalties you face for DUI charges in Indiana. Overall, the allowed range of DUI penalties is heavily influenced by the number of prior convictions you have. Here are the penalties you may face for your DUI charge in Indiana:
First-Time DUI Offense
As a first-time DUI offender, upon conviction, you face a penalty of:
- Up to 30-60 days or a year of jail time if your BAC is .15% or more
- A fine of up to $500 (if your BAC was .15%, you face up to $5,000)
- 90 days- 2 years driver’s license suspension
Second DUI Offense
In Indiana, the penalty for a second conviction includes the following:
- 5 days to 3 years of jail time
- Up to $10,000 fines
- 180days- 2 years driver’s license suspension (an IID probation restricted driving may be availed after 180 days)
- Possible IID restriction for a period that does not exceed the court’s maximum imprisonment term
- Possible drug/alcohol assessment and proper treatment
- 180 hours of mandatory community service
Third DUI Offense
Upon conviction, the potential penalties for a third-time OWI offense in Indiana include the following:
- 10 days to 3 years of jail time
- Up to $10,000 fines
- A minimum of one year to ten years of driver’s license suspension
- Possible IID
- 360 hours of mandatory community service
- Drug/ alcohol abuse assessment and proper treatment
- You may be declared a habitual traffic violator (you may be imprisoned for an additional one to eight years if you are convicted as a habitual substance offender)
- May have to attend a victim impact panel
Can I Refuse A Breathalyzer Test In Indiana?
In Indiana, you give implied consent to submit to chemical testing when you get your driver’s license and drive on any public road. Therefore, refusing to take a breathalyzer test violates the implied consent, which is subject to an arrest. The officer will confiscate your driving license and arrest you when you refuse to take a breathalyzer test.
By refusing to take the test, you risk having your license suspended for a minimum of one year. If you have a prior DUI conviction, you face having your license suspended for two years. If you are facing a DUI charge or have been arrested for refusing to take a breathalyzer test, please do not hesitate to contact our Westfield OWI defense attorneys. Let us protect your interests from start to finish.
Implied Consent Laws In Indiana
Under Indiana law (I.C. 9-30-6), getting your driver’s license means you consent to accept chemical testing if the police have reasonable suspicion to believe that you are driving under the influence.
Under I.C. 9-30-6-1, as a condition of driving a vehicle in Indiana, you impliedly consent to accept the chemical test provisions under this chapter. The test can either be a breath or a blood test. An officer can obtain a search warrant for a chemical test if you refuse to take the test.
What Is A Felony DUI In Indiana?
In Indiana, a DUI can be charged as a felony or misdemeanor, with the felony being the more severe offense. Getting convicted as a felon can have a significant impact on your life. While a first DUI offense is often charged as a misdemeanor, it can be charged as a DUI felony if:
- You have had a DUI/OWI conviction within the last seven years
- You were driving while intoxicated with a minor in the vehicle
- You severely injure someone or kill them when you are driving under the influence
Common Defenses in DUI cases
If you are facing a DUI charge, working with an experienced criminal defense attorney is best for the best possible outcome. While DUI cases are hard to beat, the cases are defensible with the proper legal help. Our Westfield DUI defense attorney will analyze your case and help you develop the best defense possible. Below are the most common successful OWI defenses:
Lack of Probable Cause for Stop
There must be probable cause supporting a DUI stop. We can file a motion to disregard and suppress any evidence and deem it illegally obtained if an officer had no probable cause for stopping you.
Challenging the Accuracy of Tests
We can challenge the accuracy of the tests like the breathalyzer since it does not directly measure one’s BAC. We could argue that factors like physical differences in drivers, margin error of the breathalyzer, or auto-brewery syndrome caused false results.
No Evidence of You Driving
A DUI charge can only apply if there is proof that you were driving the vehicle. If you are involved in an accident, but there is no evidence that you were driving the car, it becomes difficult for the charge to stick.
You Were Not Given a Chance to Call an Attorney During the Investigation
You have the right to consult an attorney after an arrest or undergoing a criminal investigation. Our attorneys can argue this was a violation of your rights, resulting in the dismissal of the charges.
How Can A Westfield DUI Defense Lawyer Help Me?
A DUI charge is serious, and getting convicted will majorly impact your life. You will likely get sentenced if you choose to represent yourself. It is best to work with our reputable criminal defense attorney, who will help you fight your DUI charge and get a favorable outcome. Here is how a Westfield OWI attorney can help you when you are charged with an OWI:
Negotiate on your behalf
The prosecutor will try and cut a deal with you to plead guilty before trial. It can be challenging to negotiate with them, especially since you lack the training and experience. Fortunately, our DUI lawyers in Westfield can handle the negotiations on your behalf and get you a better deal and a lesser charge.
Investigate your arrest
Our expert DUI lawyers will analyze your arrest reports to establish whether or not the officer followed the law. If they do not follow the appropriate procedure, it can result in dismal of your charges or a reduced sentence.
Pursue the best course of action
We have handled different DUI cases over the years, and while each case is different, we can easily establish your chances of being convicted. We have a thorough understanding of the law and know when you have to plead guilty to the charges and when you can seek a plea deal. Therefore, it will be best to contact us so we can help you establish the best course of action for your OWI charges.
Help you get your license back
Most OWI charges will lead to your license being suspended or revoked. However, we can help negotiate for you to get your license back.
Save you money
Most individuals are against hiring a skilled DUI attorney because they do not want to pay for legal services. However, hiring our qualified DUI attorney will save you money in the long run. We are familiar with efficiently navigating the legal system, leading to a shorter trial, which means you will spend less time in court and save plenty of money in the long run.
Contact Our DUI Defense Attorney In Westfield
Operating while intoxicated is a severe offense, and most individuals are convicted as it is hard to beat these charges. However, with the skilled Westfield OWI attorney at DUI Lawyer Indianapolis on your side, you can be sure that you will beat your charges or get a reduced sentence. We have the training, and years of experience working on similar cases, are familiar with Indiana OWI laws and are dedicated to helping our clients fight their DUI charges.
Call us at 317-517-9002 and book a free consultation for legal representation on your DUI charge. We will analyze your case and help you build a strong defense that will ensure you get a favorable outcome. Contact us today!
