Are you facing OVWI/DUI charges? Even if it is your first time, these charges are often accompanied by serious consequences. The lawyers at DUI Lawyer Indianapolis in Plainfield, IN, fully understand the seriousness of these charges and any possible consequences relating to a conviction. We communicate and explore every possible option that may be available to you and work hard on finding the best possible outcome.
Our DUI Defense Attorney In Plainfield at DUI Lawyer Indianapolis understands what you are facing with OWI charges and every consequence that could follow. Our team of lawyers is not prepared to settle for a second-best outcome when it comes to every criminal defense case that we work on. We work extremely hard for each client while exploring every available option on how to overcome their charges.
What Is The Blood Alcohol Content (BAC) Limit In Indiana?
In Indiana, similar to many of the other states, the “legal level” relating to alcohol consumption has been set at 0.08%. Blood Alcohol Concentration or BAC measures the ethanol (alcohol) weight in grams per 100 milliliters of blood. BAC is also an abbreviation for “breath alcohol concentration”. This is a concentration that is typically measured in “grams per 210 liters of breath”, which is analyzed by the so-called breathalyzer tests.
BAC is usually referred to as a more accurate method to test or measure intoxication, rather than how many drinks a person has had. There is such as significant range when it comes to alcoholic beverage sizes and the way alcohol will affect each person, which is why the size of the drinks alone is not regarded as one of the best assessments.
What Penalties Can I Face For A DUI In The State Of Indiana?
Since there are often several circumstances that can lead to a DUI charge in Indiana, the penalties will also vary and are mainly dependent on the seriousness of the OWI/DUI committed.
If you have been convicted of a DUI or OWI in Indiana, your case will go on record and will be regarded as “a prior perpetually”. If you are facing an Indiana OWI charge, it is crucial to obtain the best possible defense so that you can avoid a serious conviction. In some cases, drivers that have been charged with a DUI are under the impression that their case is helpless and they make the mistake of pleading guilty.
Experienced Plainfield DUI Attorneys in Indiana are there to argue against this mentality since several factors are taken into account before a conviction is made criminal. OWIs or DUIs are not hopeless. Talk to DUI Lawyer Indianapolis to assist you with building a rock-solid defense.
Indiana DUI Penalties
Most OWIs or DUIs in Indiana are considered a Class C misdemeanor. This means that the driver has registered a BAC that exceeds .08% (but under .15%). Possible DUI penalties associated with these charges include:
For A First Offense
This could translate into jail time (up to 60 days) along with a maximum fine of $500. Your license may also be suspended (for less or more than 180 days) and the installation of a device known as an ignition interlock in your vehicle (for a maximum of 60 days).
For A Second And Third Offense
For a repeat offense, you could face jail time (up to 60 days) and a maximum fine of $500. Your license may also be revoked for up to a year. You will also have to agree to a “mandatory” IID (ignition interlock device) installation in your car (for up to 60 days).
In most cases, offenders will also have to attend “mandatory” community service. You might be mandated with participating in random or frequent drug or alcohol tests, engaging in alcohol education or a substance abuse program, or joining a victim impact discussion.
If you are facing a more serious OWI/DUI charge, your jail time might be increased to a year, and your fines could reach up to $5,000, along with a mandatory IID installation for up to a year.
Can I Refuse A Breathalyzer Test In Indiana?
In the state of Indiana, as you obtain your driver’s license and you start driving a vehicle. You have already provided implied consent when it comes to submitting to chemical testing. When you refuse a breathalyzer test, this means you have violated this “implied consent” which means you could be subjected to arrest. This will also make you ineligible when it comes to obtaining a “hardship license“.
If you are arrested after you have refused a breathalyzer test, it is crucial to contact the experienced criminal defense lawyers at DUI Lawyer Indianapolis immediately.
Implied Consent Laws In Indiana
According to the laws in Indiana, every driver is required to “consent to” chemical tests. DUI (driving under the influence) of alcohol or drugs is prohibited in Indiana. The law known as “implied consent” is focused on discouraging that, while encouraging every driver to willingly submit to such testing. Implied consent is also aimed at assisting police officers to obtain the required evidence to punish any driver that has broken the law.
What Is A Felony DUI In The State Of Indiana?
Many people want to know “When is a DUI a felony in Indiana?”. In most cases, a DUI first offense is regarded as a misdemeanor. However, first-offense DUIs can be considered felony DUI in the state of Indiana when the driver:
- Kills or seriously injures another person while DUI (driving under the influence)
- Was driving intoxicated with an underage minor in the car
- Has a prior DUI (operating a vehicle OWI or while intoxicated) conviction within the past seven years
Penalties relating to a felony DUI in the state of Indiana are regarded as more severe. While a misdemeanor DUI conviction could mean that you are facing jail time for a maximum of 365 days or a fine of $5,000, convictions for felony DUI in Indiana could come with these consequences:
- For a Level 6 felony, a prison sentence of up to 2.5 years
- Longer probation and higher fines when compared to misdemeanor convictions
- A felony will appear on your record
- Suspension of your driver’s license in Indiana
- Court-ordered participation in alcohol or drug rehabilitation programs
Dealing with a felony DUI conviction will most certainly require the experience and skills of the best Plainfield DUI Defense Attorney to safeguard your freedom, record, and driver’s license. Contacting a lawyer as soon as you can will help with building a strong case and assist you with achieving the best possible results.
Common Defenses In DUI Cases
There are multiple defense tactics that you can use in Indiana. One of these is to plead guilty to a lesser charge. The laws in the state of Indiana do not prohibit a person from pleading guilty when it comes to a “lesser charge” in their drunk driving case. This might mean pleading guilty to a “reckless driving” charge, rather than a charge for drunk driving.
Other common defenses may include questioning the testing that was used and if any discrepancies have been found disputing why the person was stopped when applicable. Fighting against a drunk-driving charge in the state of Indiana will require extensive experience. Hiring the services of an experienced Indiana law firm can assist you when it comes to facing such charges and finding out about the potential consequences, applicable laws, and a possible defense strategy to support your case.
How Can A DUI Defense Attorney in Plainfield Help Me?
If you were arrested or charged for DUI of drugs or alcohol in Plainfield Indiana, you will need someone on your side who understands these laws. DWAI and DUI charges in Plainfield are very serious, and can sometimes be brought against upstanding people that may not deserve these charges or who have made an honest mistake.
If you were arrested on DUI charges, your future, liberty, and even the rest of your life might be at stake. Even when you are wrongfully accused of DUI, trying to handle this charge by yourself could turn into a very grave mistake. Innocent people have been convicted wrongfully when they tried to represent themselves. If you have ever wondered about hiring a DUI defense attorney that specializes in Plainfield DUI cases, the time is now!
Call A Plainfield DUI Attorney Today For Help
If you were arrested or charged for DUI in or around Plainfield, IN, it is important to consider your options with great care before you make any decisions. The prosecutor may be tempting you into taking the plea deal in order to make the issue disappear quickly. Contact us today to explore your options.
However, then you feel like the evidence that is against you happens to be compelling, chat with DUI Lawyer Indianapolis, before you decide to proceed. Our law firm understands the importance of your situation and we are here to help you defend your freedom and future. Call us at 317-517-9002, or contact us directly online to find out more.
