Hopefully you will never need a DUI defense lawyer, but if you do, contact Rathburn law to come to your defense. Any Indianapolis defense lawyer has experience with DUI and OWI and DWI cases, that can help with your offenses. Regardless of what you call it… DUI, DWI, or OWI, one of the most serious driving offenses is driving under the influence. If you are being charged with a DUI or OWI charge and are in need of a DUI lawyer, contact Rathburn Law today.
These offenses carry serious penalties. (For more on DUI laws click here.) It is expensive and scary. You don’t want to face it without an experienced DUI defense attorney. It can affect your future. It can affect your career. You want to have an experienced DUI defense lawyer by your side.
Every state has its own DUI laws. Because of how dangerous drunk driving is, the laws are strict. This site is going to focus on DUI laws. It will explain the penalties. It will highlight the difference between misdemeanor DUI and felony DUI. Finally, it will discuss the odds of plea bargaining a DUI case. Your DUI defense lawyer can give more detailed information than we do here.
Indiana DUI Laws
Indiana uses BAC level as an indicator of DUI. BAC is your blood alcohol concentration. It tells the police how much alcohol is in your system. However, even without a high BAC, you can be arrested for DUI. If this happens, you may want to consult a DUI defense attorney.
Indiana law states that it is illegal to:
Operate a vehicle with a BAC over .08
Drive with any Schedule II or III drugs in your system
Operate a vehicle while actually intoxicated with prescription drugs, illegal drugs or alcohol
Obviously, there will be times when you can be arrested for OWI (Operating While Intoxicated) despite your BAC. If you are under the influence of drugs, you can be arrested. If you have a lower BAC but are actually intoxicated, you will be arrested. Once out of jail, immediately call your DUI defense attorney.
How can they tell if you are actually intoxicated? They can give you a series of field sobriety tests. They can also deduce from experience that you are under the influence of drugs. They may find drugs on you. They may find them in your car. They can smell the odor of marijuana. They can smell alcohol. There are a number of ways an officer can seek to prove intoxication. Your DUI defense lawyer has seen every sort of situation and their experience and training can help defend you against these allegations.
If you are arrested for DUI, you will be charged. You should immediately call an experienced DUI defense attorney. Don’t try and handle it yourself, rely on an expert DUI defense lawyer.
Indiana DUI Penalties
There are obviously penalties that come with an arrest for DUI. They range from jail time to fines. If you are convicted of DUI, you will lose your license for for a period of time. You will also have to pay fines and court costs. You will have to pay your DUI defense lawyer.
As far as jail is concerned you may have to serve jail time. Depending on your charge, it could be anywhere from a couple days to a number of years. You could also be required to install an ignition interlock device. This is a device you have to blow into before you start your car and continue the operation after it starts. The device measures your BrAC. If there is alcohol in your system above a specified amount, the device locks. The company also notifies the court. If this happens, immediately call your DUI defense attorney.
Misdemeanor and Felony DUI Penalties in Indiana
Most DUIs in Indiana are misdemeanors. A DUI can become a felony depending on specific facts. Those facts include your prior history, who’s in the car, and whether someone was injured or killed.
Indiana OWI Penalties
Indiana refers to drunk driving as OWI. This stands for operating while intoxicated. This is the same as driving while intoxicated (DWI). The law says you can either be impaired, intoxicated or under the influence. If you have a BAC of over the per se limit, have a controlled substance in your system, you will be charged with an OWI. If you are obviously drunk, you are OWI. If you are intoxicated by drugs, you are OWI. You can be DUI if you are under the influence of drugs or alcohol. The officers will attempt to give you a series of voluntary field sobriety tests. Do not take these tests voluntarily, very few people have ever passed them even if they are administered properly. If you fail, you will be charged with either DUI or OWI. Call an expert DUI defense attorney either way.
Depending on the charge, there may be mandatory jail time. In addition, you will receive probation. When you get probation, you will have to follow certain rules.
While on probation, do not drink or do drugs. You will not be allowed to go to bars or liquor stores. You will have to do random drug and alcohol testing. You may have to go to drug and alcohol classes. You may have to pay for treatment. Ask your DUI defense attorney about other possible conditions.
Common OWI Plea Bargains
Some counties give you two options – plead guilty or go to trial. They are unwilling to offer a plea agreement to any other type of offense. Other counties, depending on the facts, may allow a plea to a lesser charge. You need a skilled and experienced DUI Attorney to get you the best possible result.
Hiring an Indianapolis DUI Defense Lawyer
Getting arrested is scary. Being charged with a DUI is serious business. You don’t want to face the police, the prosecutor or judge alone. The prosecutor doesn’t know you. The judge doesn’t know you. All they have is your record and the police report. You want an attorney there by your side. He can help navigate the criminal courts with you. Contact an Indianapolis DUI defense lawyer at Rathburn Law Offices for a free consultation.[/cta]