DUI Defense Attorney in Indianapolis

Facing DUI Charges in Indianapolis? Get Experienced Legal Representation Now

Have you been arrested for a DUI in Indianapolis? Don’t risk your driving privileges or your future—contact an experienced Indianapolis DUI lawyer today. At Rathburn Law, our Indianapolis DUI attorneys provide aggressive legal defense to help you navigate the legal process and fight back against drunk driving charges. Call us now at 317-517-9002 for a free consultation with a top DUI attorney in Indianapolis.

DUI Lawyer Indianapolis

Why Choose an Experienced Indianapolis DUI Lawyer?

A DUI conviction in Marion County can result in severe criminal penalties, including license suspension, jail time, hefty fines, and even an ignition interlock device requirement. If you’re facing OWI charges, our Indianapolis DUI attorneys will craft a strong defense strategy tailored to your case. Whether it’s your first DUI offense or you have a prior conviction, we are here to protect your rights and minimize the impact on your driving history.

Understanding Indiana DUI Laws and Your Legal Options

In Indiana, the legal limit for blood alcohol concentration (BAC) is 0.08%. A breathalyzer test, chemical test, or field sobriety tests administered by law enforcement officers can be challenged in court. If there was suspicious behavior leading to a traffic stop, or if the breath test results were inaccurate, our DUI lawyers in Indianapolis will scrutinize every detail to build your defense.

DUI Penalties in Indianapolis – What You Need to Know

If convicted, a first-time DUI offense is classified as a Class C misdemeanor, but aggravating factors can elevate charges to felony charges, leading to up to one year or even up to two years in prison. Additional consequences may include:

  • Driver’s license suspension for up to one year
  • Mandatory community service
  • Installation of an ignition interlock device
  • A lasting criminal record impacting employment opportunities

DUI Attorney Indianapolis

How Our Indianapolis DUI Attorneys Can Help

As former prosecutors, we understand how law enforcement officials and the prosecution build DUI cases. We’ll challenge any reasonable suspicion claims, question the accuracy of breathalyzer tests, and negotiate for reduced charges or dismissal. Whether you are facing drunk driving convictions, traffic violations, or harsher penalties, our legal experience gives you the edge you need in court.

Schedule Your Free Consultation Today

Time is critical in a DUI case—the sooner you speak with an Indianapolis DUI attorney, the better your chances of a favorable outcome. If you or a loved one has been charged with driving under the influence, call Rathburn Law at 317-517-9002 for an initial consultation. Our law firm is dedicated to protecting your future and helping you move forward after DUI offenses.

Don’t let a DUI conviction define your future. Contact an experienced DUI lawyer in Indianapolis today at 317-517-9002 and fight for your rights!

What Is The Blood Alcohol Content (BAC) Limit In Indiana?

In Indiana, the following BAC limits are applicable.

  • If you are a non-commercial driver above 21 years old, you will be considered legally drunk if you have a blood alcohol level of at least .08.
  • If you are a commercial vehicle driver, you will be considered legally drunk if you have a BAC level of at least .04.
  • If you are a driver less than 21 years old, you will be considered legally drunk if your blood alcohol level is at least .02.

If you have taken a breathalyzer test and your BAC limits are as outlined above, you may be charged with a DUI. Therefore, you need to call the best DUI lawyer in Indianapolis for the best results.

What Are The Penalties For A DUI In Indiana?

If you have been charged with a DUI in Indianapolis, Indiana, you may receive the following DUI penalties.

  • If you are a first-time offender, your driver’s license may be suspended for a period of 90 days to 2 years.
  • If you are a repeat offender with a previous conviction occurring between 5 to 10 years ago, your driver’s license may be suspended for a period of between 180 days and 2 years.
  • If you have at least one previous DUI conviction, you will receive a prison sentence of at least 5 days or perform 180 hours of community service. You will also be mandated to undergo an alcohol assessment or attend a treatment program.
  • If your previous DUI conviction occurred less than 5 years ago, your driver’s license will be suspended for a period of 1 to 2 years.
  • If you have at least 2 previous DUI convictions you will receive a prison sentence of at least 10 days or perform 360 hours of community service. You will also undergo an alcohol assessment and attend an alcohol treatment program.
  • If you have caused serious bodily injury to another person while driving and have a BAC limit of .08 and above, you may face 6 months to 3 years in prison and a maximum fine of $10,000. If you have a previous DUI conviction within the last 5 years, you may face a prison sentence of 2 to 8 years. Additionally, your driver’s license may be suspended for 2 to 5 years.
  • If you are driving with a BAC limit of between .08 and .15, you may face up to 60 days in prison and an additional fine of $500.
  • If your blood alcohol limit is .15 and higher, you face up to 1 year in prison and are liable to a fine of $5,000.
  • If you have driven the vehicle with a minor (under 18 years) and have a BAC limit of .08 and above as well as a previous DUI conviction that happened within the last 5 years, you face between 6 months to 3 years in prison and a fine of $10,000.
  • If you cause the death of someone else when driving with a BAC limit of .08, you face 2 to 8 years in prison and a fine of $10,000. If you have a previous DUI conviction within the last 5 years, you face a prison sentence of 20 years. Additionally, your driver’s license will be suspended for a period of 2 to 5 years.
  • If you cause the death of another person while driving with a BAC limit of .15 and above, you face a prison sentence of up to 20 years and a maximum fine of $10,000.
  • If your drunk driving charge results in the dispatch of emergency medical service, you will be liable to pay restitution of $1,000.

If you have been charged with driving under the influence, call us immediately. We are experienced DUI lawyers in Indianapolis and are ready to start working on your case immediately.

Indianapolis DUI Lawyer

Can I Refuse A Breathalyzer Test In Indiana?

The state of Indiana works under the implied consent law. Here, you have agreed to a blood or breathalyzer test as part of driving in the state, if an officer suspects that you are driving under the influence. Refusing the field sobriety test doesn’t lead to an automatic suspension of your license but refusing a chemical test will lead to a suspension of your license.

Therefore, if you refuse to take the test, your license will be suspended for a period of one year. If you have received an Operating While Intoxicated (OWI) conviction previously, your license may be revoked for a period of 2 years. If you lose your license, you may not be eligible to receive a hardship license.

Besides having your license suspended, if you refuse the field sobriety test, you will have to do a blood or breath screening. The police officer will apply for a search warrant thereby forcibly testing you. If this happens, you will end up losing your license. Additionally, the court will have evidence of your blood alcohol level.

It’s usually a good idea to agree to the tests. If your blood alcohol level is above the mandated limit, you can always contact the best DUI lawyer in Indianapolis lawyer for assistance. We are here to make sure that you receive the best outcome depending on your charge. We are here to help you.

What Is A Felony DUI In Indiana?

Keep in mind that if you have been charged with a DUI and it’s the first offense, it is categorized as a misdemeanor. However, it’s easy enough for the DUI charge to be categorized as a felony, especially in the following conditions.

  • If you have seriously injured or killed someone when operating a vehicle when intoxicated.
  • If you drive when intoxicated with a minor in the vehicle.
  • If you have had a DUI charge in the last 7 years.

Note that, the penalties for felony DUIs in Indiana are more severe. These include the following.

  • A prison sentence of up to 2.5 years with a level 6 felony.
  • A felony on your record
  • Higher fines and longer probation periods compared to a misdemeanor conviction.
  • Participation in an alcohol/drug rehabilitation program (court-ordered)
  • Suspension of your driving license.

If you have been charged with a felony DUI in Indianapolis, we are here to help you. We have enough experience handling different types of DUI cases and we can take yours without any hesitation. Call us now and let us help you with your DUI case in Indianapolis.

Indianapolis DUI Lawyer

What Are The Common Defenses For A DUI Case?

If you hire our law firm today, we can present the best evidence in your case. Some of the common DUI defenses we can rely on including the following:

No Attorney Was Contacted

Here, we will try to prove that you were not given an opportunity to contact an attorney during the investigation. Remember, you have the right to consult with a DUI attorney during your investigation and before or after your arrest. It’s a very paramount right because DUI cases have very strict deadlines, especially when it comes to making the decision to obtain independent exculpatory evidence.

You are allowed to consult an attorney if doing so will not unreasonably delay or impede the investigation. If you were denied this right, the prosecutor has a burden to prove that getting a DUI attorney would have interfered with the investigation. If any evidence was obtained by the arresting officer right after denying your right to counsel, it will be dismissed.

Inaccurate Breathalyzer Tests

Note that, a single test is not enough to determine your exact BAC levels. People may have physiology that affects the BAC limit. On the other hand, there are other factors that may determine why your BAC limit is high. For instance, during the administration of the breathalyzer test, variances in body temperature may lead to false readings. The breathalyzer device itself may also have inaccurate readings.

As dedicated DUI attorney in Indianapolis, we will consult a forensic toxicology expert who will help identify any of these issues thereby creating a valid defense for your case.

Illegal Stop Of Vehicle Or Person

An officer must have an articulable and reasonable basis to believe that a law has been violated before stopping a person or vehicle. The prosecutor must prove that any evidence of the DUI investigation was obtained lawfully.

Once you hire us, we will carefully analyze the case to determine if your 4th amendment rights were violated (protection from unreasonable searches and seizures). An arresting officer can’t stop your vehicle due to a hunch.

Inaccurate Field Sobriety Tests

Standardized sobriety tests may be inaccurate because they are not given, performed, or instructed in the same way every time. If you are physically challenged, elderly, or overweight these field sobriety tests may be wildly inaccurate.

Well, as your experienced DUI lawyer in Indianapolis, we can always attack the field sobriety tests with the most effective tactics, especially if there are no reports of bad driving. Additionally, the investigating officer may not be qualified to administer the test or didn’t do it properly.

Indianapolis DUI Attorney

If You Were Not Driving Or In Control Of The Vehicle

Any driver of a motor vehicle is required by law to get out of the road safely if they immediately recognize that they are a danger to people. If you are impaired but not driving the vehicle or not in actual physical control, you are not supposed to be found guilty of a DUI.

In most of these cases, the jury will determine if you were using the vehicle as a shelter before you became sober or if you were a danger to the public. For instance, if you have a key in the ignition and your engine is running, it doesn’t mean that you are in actual physical control.

How Can An Indianapolis DUI Lawyer Help Me?

If you choose us today to represent you after a DUI charge in Indianapolis, we can help you in the following ways.

  • First, we will thoroughly investigate your arrest by looking through the arrest reports. We have to make sure that the law was followed properly.
  • Next, we will look through the chemical tests to identify if there are any flaws that prove that you were not driving under the influence of alcohol or drugs.
  • We will also handle the negotiations on your behalf. The other side may be waiting for a guilty please and you may feel pressured to accept any deal they bring forward. Since we have experience in negotiating these deals, we are here to help.
  • If your case ends up in court, we are also here to help.

Call us now and let us start working on your DUI charge to avoid severe penalties and fines.

DUI Attorney Indianapolis

Indianapolis DUI Lawyer: Frequently Asked Questions

How much does a DUI lawyer cost in Indianapolis?

The cost of hiring a DUI attorney in Indianapolis varies depending on the complexity of your case, prior offenses, and legal representation needs. On average, DUI lawyers charge between $2,500 to $7,500 for a first-time DUI case. More serious charges, such as felony DUI or multiple OWI offenses, can increase costs. An experienced Indianapolis DUI lawyer will provide a case evaluation and outline potential legal fees upfront.

Can a DUI charge be dismissed in Indiana?

Yes, a DUI charge in Indiana can be dismissed under certain circumstances. A skilled DUI attorney in Indianapolis will analyze the arrest details, police procedures, and breathalyzer results to determine if legal errors exist. Common reasons for case dismissal include improper traffic stops, faulty breathalyzer calibration, and violations of constitutional rights. An aggressive DUI lawyer will challenge evidence and fight for reduced or dismissed charges whenever possible.

What happens after a DUI arrest in Indianapolis?

After a DUI arrest in Indianapolis, you will be booked and likely face a court hearing within days. Your driver’s license may be suspended immediately, and the Indiana Bureau of Motor Vehicles (BMV) will notify you of potential penalties. Hiring an experienced DUI lawyer in Indianapolis as soon as possible is crucial. Your attorney will help navigate the legal process, challenge evidence, and work toward minimizing penalties such as license suspension, fines, or jail time.

Will I lose my license after a DUI in Indianapolis?

A DUI conviction in Indiana typically results in a driver’s license suspension. For a first-time DUI offense, your license could be suspended for 180 days or longer. Refusing a breathalyzer test can trigger an automatic suspension under Indiana’s implied consent law. A dedicated DUI attorney in Indianapolis may be able to secure a hardship license or challenge the suspension during a BMV hearing, helping you regain limited driving privileges.

How can an Indianapolis DUI attorney help reduce charges?

A knowledgeable DUI lawyer in Indianapolis can negotiate plea deals, challenge the accuracy of breathalyzer tests, and scrutinize field sobriety test procedures. By identifying weaknesses in the prosecution’s case, your attorney may be able to have charges reduced to reckless driving or another lesser offense, preventing a permanent DUI conviction. Strong legal representation can help you avoid severe penalties and protect your criminal record.

What are the penalties for a DUI conviction in Indiana?

Indiana imposes strict DUI penalties, including jail time, license suspension, and heavy fines. A first-time DUI offense can result in up to one year in jail, a $5,000 fine, and a suspended license for up to two years. Multiple DUI offenses lead to harsher consequences, including mandatory ignition interlock devices and felony charges. Consulting with a top-rated Indianapolis DUI attorney can improve your chances of minimizing penalties.

Is a DUI in Indianapolis a misdemeanor or a felony?

A first-time DUI in Indianapolis is usually classified as a misdemeanor. However, if your DUI involves serious bodily injury, multiple prior offenses, or a high blood alcohol concentration (BAC), you may face felony charges. A felony DUI conviction carries severe consequences, including long-term license suspension, increased fines, and possible prison time. An experienced DUI lawyer in Indianapolis will build a strong defense to protect your future.

How long does a DUI stay on your record in Indiana?

A DUI conviction in Indiana remains on your criminal record permanently. However, Indiana law allows DUI expungement under certain conditions. For a first-time DUI, you may be eligible to have your record expunged after five years. Felony DUI convictions typically require a longer waiting period. Working with a skilled DUI lawyer in Indianapolis can help determine your eligibility for record expungement.

Can I refuse a breathalyzer test in Indianapolis?

Under Indiana’s implied consent law, refusing a breathalyzer test leads to automatic penalties, including a one-year driver’s license suspension for first-time offenders and two years for repeat offenses. While refusing a test may limit evidence against you in a DUI case, it also carries severe consequences. An experienced Indianapolis DUI attorney can assess your case and develop a strategic legal approach to mitigate the impact.

How soon should I contact a DUI lawyer after an arrest in Indianapolis?

You should contact an Indianapolis DUI attorney immediately after an arrest. The sooner you hire a DUI lawyer, the better your chances of fighting the charges and protecting your driving privileges. Early intervention allows your attorney to collect evidence, challenge the prosecution’s case, and potentially prevent a license suspension or harsh penalties. An immediate legal consultation can make a significant difference in your DUI defense.

Indianapolis DUI Lawyer

Call Our DUI Attorney In Indianapolis Today!

A DUI charge can be detrimental. If it is a misdemeanor, you may face hefty fines or prison sentences depending on the type of charge. On the other hand, if it is categorized as a felony DUI, you may even face harsher fines. Whatever you do, make sure you work with DUI Lawyer Indianapolis for the best outcome. You don’t have to accept a guilty plea if you are not guilty of driving while intoxicated. Let Rathburn Law help you prove the truth of the matter.

Remember, DUI investigations are very time sensitive. Therefore, it’s most likely that the arresting officers rush into it and may skip a few necessary steps during your arrest. We are here to go through the evidence and make sure that you receive the best outcome for your case. With our unrivaled experience and knowledge of DUI laws in Indiana, your case is in the best hands.

Call us now at 317-517-9002 and let us start working on your DUI case in Indianapolis.

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