Have you been charged with driving under the influence in Butler, Indiana? Are you wondering whether or not you can contest your DUI charge? Well, by working with the best DUI defense attorney in Butler, you can either overturn your charge or receive a less severe outcome. Well, we at DUI Lawyer Indianapolis are here to help you with any legal representation you may require after a DUI charge in Butler, Indiana. Call us today at 317-517-9002 for a free consultation.
What Is The Blood Alcohol Content (BAC) Limit In Indiana?
Alcohol has a different effect on people based on their height, gender, weight, and metabolism among other factors. This is why the blood alcohol content is used to measure your level of inebriation. The BAC limit in Indiana is .08. Remember, alcohol may affect your ability to drive, even if you are under the legal BAC limit.
By the time you reach the .04 BAC limit, you are likely to get into a fatal car crash. As such, the state of Indiana has set up separate legal BAC limits for drivers under the legal drinking age and those who drive commercial vehicles. The legal BAC limit for commercial vehicle drivers is .04 while for drivers who are under the legal drinking age is 0.02.
What Penalties Can I Face For A DUI In Indiana?
If you are charged with a DUI, you may face the following penalties in Indiana.
- If you have a BAC limit of between .08 and .149, you will face 60 days in jail, a fine of $500, and suspension of your driving license for one year.
- If you have a BAC limit of .15 and above, you will face 1 year in jail and $5,000 in fines.
Note that, the same penalties are applicable if you are charged with operating a motor vehicle while under the influence and endangering other people. If you have a prior DUI conviction, you will face higher penalties than a first offender. For instance, if you have a prior DUI charge in Indiana or from another state in the last 7 years, you will be charged with a level 6 felony DUI and may face 30 months in jail and a $10,000 fine.
In some cases, there may be aggravating circumstances that will increase the severity of the charges. For instance, you will be charged with a level 5 or 6 felony if you were driving under influence with a minor in the car. Additionally, if you cause an accident, fatality, or injuries while driving under the influence, your penalties will be harsher.
Can I Refuse A Breathalyzer Test In Indiana?
The state of Indiana operates under the implied consent law when it comes to DUIs. Yes, you are allowed to refuse the standard field sobriety tests without having your license immediately suspended. However, if you refuse to undergo a chemical test, your license will be immediately suspended.
Note that, under the implied consent law, once you have acquired a driving license, you have agreed to have a breathalyzer or blood test, if you are suspected of driving under the influence. Therefore, if you refuse to have a breathalyzer test, your license will be suspended for 1 year.
If you have a previous DUI conviction, your license will be suspended for 2 years. Even after refusing the breathalyzer test, the arresting officer may apply for a search warrant and have you forcibly tested. If this happens, you will end up losing your license and the court will now have proper evidence of your blood alcohol level.
What Is A Felony DUI In Indiana?
In most cases, a DUI charge in Indiana will be treated as a misdemeanor. However, there are cases when it immediately graduates to a felony. You will be charged with a felony DUI in Indiana if;
- You have killed or seriously injured someone while driving under the influence of alcohol and drugs.
- If you have been driving while under the influence of drugs or alcohol with a minor in the vehicle
- If you were previously convicted of a DUI in the last 5 years.
Note that, the penalties for a felony DUI in Indiana are severe. These include;
Level 6 Felony DUI Penalties
A DUI charge in Indiana will be categorized as a level 6 felony under the following conditions.
- If you were driving under the influence of alcohol and drugs with a minor in the vehicle.
- If you have a prior DUI conviction within the last 5 years.
- If you have caused someone serious injury while driving drunk.
- If you have caused the death of a law enforcement animal while driving under the influence.
If you have been charged with a level 6 felony DUI, your penalties include 6 months to 2.5 years in jail and a fine of $10,000.
Level 5 Felony DUI Penalties
A DUI charge in Indiana will be categorized as a level 5 felony if;
- You have caused the death of another individual while driving under the influence.
- If you have a prior DUI conviction within the last 5 years that caused serious injuries or death to another party.
- If you have been charged with a DUI within the last 5 years and your current DUI charge has resulted in serious injury to another person.
The penalties for a level 5 felony DUI charge in Indiana are 1 to 6 years in prison and a fine of $10,000.
Level 4 Felony DUI Charge
Your DUI charge in Indiana will be categorized as a level 4 felony if you cause the death of another person and you had the following incidences;
- Have another DUI conviction within the last 10 years.
- If your license was suspended for a DUI or for being a habitual traffic offender.
- If you have a BAC limit of .15 and higher.
The penalties for a level 4 felony DUI charge in Indiana are 2 to 12 years in prison and a fine of $10,000. Note that, every person killed or injured while driving under the influence will be treated as a separate offense. As such, if you have injured or killed more than one person while driving under the influence, you may face multiple felony charges just for one incident.
What Are The Common Defenses In A DUI Case?
If you want to contest the DUI charge, you may use one of the following defenses.
Prohibited From Contacting An Attorney
You have the right to consult with a lawyer before and after you have been arrested or during a criminal investigation. If the arresting officer denies this right, the entire case may be thrown out on this technicality.
Inaccurate Tests
Breathalyzer test results may be inaccurate depending on numerous factors such as any variances in your body temperature, defective instrument, or differences in human physiology. Here, a forensic expert will be hired to determine whether or not the BAC limit indicated in the breathalyzer was wrong.
Illegal Arrest
A police officer is not allowed to stop your vehicle unless they have reasonable evidence to prove that a traffic law was violated. You are protected from unreasonable search and seizure by the 4th amendment. A police officer can’t stop your vehicle because they guessed something was wrong. On the other hand, they can’t arrest you for getting into a vehicle after leaving the bar.
Inaccurate Or Invalid Field Sobriety Tests
For any field sobriety test to be considered accurate, it must be given, instructed, and done the same way every single time. additionally, they may be inaccurate when performed on people who are overweight, elderly, or disabled.
Not Being In Control Of The Vehicle
If there is no evidence that you were in physical control of the vehicle or were driving it, you can use this as a defense for your DUI charge. For instance, if you choose to sleep in your car to get sober before heading out, you should not be arrested for a DUI charge.
How Can A Butler, Indiana DUI Defense Lawyer Help Me?
At DUI Lawyer Indianapolis, we are ready to work on your DUI charge in Butler, Indiana. If you choose to hire us today, you can enjoy the following benefits.
- We will properly investigate your case to make sure that you receive a fair trial. We have a team of dedicated lawyers ready to comb through all evidence to find the right defense for your case.
- We will handle the legal paperwork to avoid any harmful mistakes such as improper documentation.
- We are ready to negotiate with the prosecutor on your case to make sure you receive a good plea bargain.
- We are ready to present your case in front of the judge and jury as experienced litigators.
Call us now and let us help you with your DUI charge in Butler, Indiana.
Call DUI Defense Attorney in Butler
If you are drunk or under the influence of drugs, you are not supposed to drive a vehicle. If you are charged with a DUI, you need to get the best legal representation by your side. Call us now at 317-517-9002 and let us start working on your DUI charge immediately. We are here to help you legally through this sticky situation. Contact us today!
