Are you wrongly convicted of a DUI offense? A DUI attorney might be your first stop afterward. Driving under influence has been a serious problem in the U.S. Be it in Indianapolis or any other state, DUI cases are on the rise despite best efforts to reduce them.
Some of the initiatives have worked wonders compared to the recent past, but still, much needs to be done. If you think you are wrongly charged with DUI, you have the right to recall the charge. There are various instances where a police officer can wrongly identify you as driving under influence.
If you are stopped for DUI and have been charged with multiple penalties and charges, a DUI defense attorney in Indianapolis can help you out.
How Will a DUI Attorney Help in Indianapolis?
Here is how a DUI attorney can help you in Indianapolis. A DUI attorney does a lot more than you expect. It is a key role that involves several responsibilities.
1. Reduce Imprisonment Time
Depending on the count of your offense, in Indianapolis, a DUI offender has to serve jail time for up to 3 years. A DUI attorney can not only challenge the DUI charge but also help in reducing your jail time.
Many experienced attorneys help their clients get their jail time substituted with more voluntary work. If the attorney sees the potential, they can also help get the jail time eliminated. This purely differs from case to case and depends on various factors.
2. Fights for Diversion
A DUI attorney may also present your case to make it look feasible for diversion. A diversion or deferral is a way to get your case diverts. The decision is taken by the Prosecuting Attorney. Many factors come into play to divert a case. It is only applied in certain circumstances like fulfilling conditions like first-time offense, any difficulties to an offender, strong evidence is present, and if the defendant will benefit from the deferral big time.
A DUI defense attorney in Indianapolis knows such ways of deferring your case and helps you get away from the trouble.
3. Challenges the Evidence
When an individual is stopped for DUI, various tests are done to prove the existence of alcohol in the body. Some of these tests include using a Breathalyzer, performing field sobriety tests like walk and turn test, one-leg stand test, blood tests, and others.
A DUI attorney can help in challenging these tests. There are various limitations to each of these tests. These tests cannot be the sole evidence to prove that the driver was under influence. A Breathalyzer machine could show high alcohol content if the driver took a medicine not too long ago before driving.
There are other stances that attorneys use to challenge the field sobriety tests and so. The major criticism against the walk and turn test is that individuals who weigh over 50 pounds may be unable to walk in a straight line. Later the straight visible line was changed to an imaginary line, but still, this test receives a lot of criticism.
Were Miranda Rights read to you before arresting you? Did they use a Breathalyzer on you? Were you asked to perform field sobriety tests? Did the police officer prepare a report? These are some of the questions that an attorney would ask you.
Answers to these questions can form the basis of challenging evidence. A DUI attorney has a right to access the police report and the result of other tests. Based on the results, the attorney can challenge the test results.
4. Special Driving Privileges
There are various rights given to each individual when their driving license is suspended. Not everyone is aware of these rights or privileges. A DUI attorney thus is a person that makes you aware of all these possibilities. Getting a special driving privilege like a hardship license is one of them.
It is rather difficult to get your license reinstated once it’s suspended. A special driving privilege or a hardship license can be issued for a specific period. Such a license allows the convict to drive for certain urgent reasons like driving to a job, getting your kids from school, etc.
A DUI attorney helps in getting one issued. He may further also help in getting the suspended driving license reinstated.
5. Plea Bargains
If nothing works, a DUI attorney, at the very least, can help with plea bargains. They have experience in bargaining the imprisonment term, penalties, and fees. An attorney can help reduce the charge by providing valid reasons like difficulty in finances, career, and other related reasons. They are well versed in negotiating the terms with the prosecutors and the police officers.
What Is the BAC Limit in Indianapolis?
When can you be potentially stopped for driving under influence in Indianapolis? In Indianapolis, if your BAC is found to be 0.08 or above, you can be charged with a DUI offense. If you are under 21 years of age, BAC under 0.02 will land you in trouble.
You cannot say no to blood sample tests and urine tests if you are driving on the roads of Indiana. Failure to perform the tests will mean getting your driving license suspended.
Penalties for a First-Time Offense in Indianapolis
If you are caught for DUI for the first time, it will be termed a Class C misdemeanor. For this, you can be punished with up to 2 months of jail time + up to $500 in fines depending on the severity of the case. You may also get your driving license suspended for 90 days to up to 2 years.
A second-time DUI offense in Indianapolis means a Class D felony. A felony is different from a misdemeanor. A felony is a criminal charge that can result in fines of up to $10,000 and 3 years imprisonment.
Your driving license may also be suspended for 180 days to 2 years. You may also have to complete 180 hours of community service mandatorily. Failing to complete this means you won’t be allowed to get your driving license reinstated.
A third-time DUI offense means a Class D felony as well. The imprisonment period is the same as a second DUI offense. However, your driving license can be suspended for one year to 10 years. You may also have to complete 360 hours of community service.
Furthermore, if it’s your fourth DUI offense, you will face more severe charges.
You can contact an Indianapolis, IN, criminal defense lawyer if you are in trouble related to DUI.