Indiana DUI laws are unforgiving when it comes to driving while intoxicated, high on drugs, or using a combination of the two, just like every other state. These laws are strictly implemented and prosecuted in state courts to convey a message to criminal suspects and protect the public.
However, both law enforcement and prosecutors have the potential to err and overstep their bounds, which is against your rights. A Fishers DUI Defense Lawyer may be exactly what you need.
At Rathburn Law, we strongly believe that your legal rights in criminal charges must be vigorously protected, and all our clients are innocent until and unless they are proven guilty. The right to an impartial and just trial is one of these rights. A DUI charge in Indiana is a criminal violation.
Like all criminal charges, it necessitates the assistance of an expert who is familiar with the legal system and knows how to put up strong defenses to reduce the impact on your life.
Our Drunk driving defense attorneys in Fishers have vast experience in state and federal courts. This is particularly useful in DUI cases, which entail a complex mixture of police procedures, technical specifications for how chemical tests function and are administered, and other considerations.
Our DUI lawyers know every aspect of DUI law and practice. With this information, they can analyze your arrest and look for inconsistencies and errors that might support your defense against the prosecution. Contact us at 800-800-8000 for a rigorous representation.
What Is The Blood Alcohol Content Limit In Indiana?
Drunk driving is illegal in Indiana and the rest of the nation. The blood alcohol content, or BAC, indicates the level of intoxication in most states, including Indiana. The standard BAC in Indiana is 0.08%. However, you should know that drinking affects your driving ability even if you are below the legal limit.
You can legally drive, but your judgment is already worse. You are more likely to get in a fatal vehicle accident as a sober driver if your BAC when intoxicated. As a result, there are different regulations for drivers of commercial vehicles and those who are not yet of legal drinking age. Drivers under 21 are only allowed a BAC of 0.02%, while commercial drivers are only allowed a BAC of 0.04%.
What Penalties Can I Face For A DUI/OWI In Indiana?
Every situation is unique, and those who violate the law, whether for the first time or often, suffer various repercussions. People who have been accused of OWI should be aware of their options. Below are the different Indiana DUI penalties:
First Time
After a drunk driving offense in Indiana, you may be subject to the following penalties:
- Probation for up to two years
- Fines ranging from $500 to $5,000
- At least one year of incarceration
- Court expenses and fees totaling over $300
- Driver’s license suspension for up to two years
- Education on drug abuse
- Taking part in a panel discussion about the effects on victims
- Random urine drug and alcohol testing
Repeat Offenses
Here are the consequences in Indiana for a second and consecutive DUI offense:
- Probation for a maximum of 2.5 years
- Fines of up to $10,000
- Up to three years in prison
- Court expenses and fees totaling over $300
- Driver’s license suspension for a minimum of 180 days and two years
- Education on drug abuse
- Taking part in a panel discussion about the effects on victims.
- A court-mandated community service
Are you facing OWI/DUI charges in Indiana? Don’t waste time; you need immediate assistance to prevent things from worsening. You can be confident that things will work out well with the help of knowledgeable Fishers DUI lawyers at Rathburn Law.
Even though this is your third offense, you can still escape paying hefty penalties, spending time in jail, and having your license suspended. Your anxieties will be alleviated, and our drunk driving defense attorneys will thoroughly assess your circumstance and create a strategy to achieve a favorable outcome for your case.
Can I Refuse A Breathalyzer Test In Fishers, IN?
If the cops stop you in Indiana, it’s probably for a good reason. You already know how intoxicated you are if you’ve been drinking. You can refuse to take the breath test if you anticipate that your breathalyzer result will be higher than 0.08. Why provide the police with evidence of your drunk driving? But what are the consequences of refusing?
You might believe you are strengthening your case by refusing to provide the police with new evidence against you. However, if you refuse, the officer can obtain a warrant to draw blood to gather the necessary evidence. Your refusal will suspend your license for at least a year.
In other words, it’s not always a brilliant idea to say no to a drug test after being pulled over. In any case, a skilled drunk driving defense attorney in Fishers can examine these tests for errors and, if necessary, call into question their validity in the future.
Implied Consent Laws In Indiana
According to the Indiana code for DUI implied consent, you must undergo a chemical test before getting a driver’s license if the authorities believe you are operating a vehicle while intoxicated. Anyone who drives a vehicle in Indiana implicitly agrees to submit to the chemical test provision of this chapter as a condition of using a vehicle in the state.
In Indiana, retrieving your driver’s license entails consenting to a chemical test should a police officer suspect you of operating a vehicle while intoxicated or high. If you refuse, you can, among other things, lose your driving privileges. Additionally, an officer must offer you the choice to submit to a chemical test if they believe you were driving while intoxicated.
This test must be completed within three hours of arrest, and the officer may provide many tests. However, they are not compelled to administer it to a person who is not conscious.
If a police officer suspects you of driving while intoxicated and requests that you submit to a blood or breath test, they must first inform you of the implied consent statute. If you agree to take the chemical test, in that case, the officer or other person administering it will follow stringent procedures and explain each step to you.
It is deemed a refusal of the chemical test if you refuse to take the test or the officer is unable to gain a response from you, and there are repercussions. Your refusal to submit to a chemical test can be used as proof against you in court. For the first refusal, your license will be suspended for a year. Your license may be suspended for two years for the second and third refusal.
What Is A Felony DUI In Indiana?
Driving while intoxicated is a crime in Indiana. Although everyone knows that driving while intoxicated is illegal, not everyone knows how serious it may be. A DUI can be classified as a felony or a misdemeanor, with the latter being the more severe offense. But when does a DUI become a felony in Indiana? A first DUI offense is typically referred to as a misdemeanor. However, your first DUI in Indiana may be classified as a felony DUI if you:
- Strike or kill someone while operating a vehicle
- Get caught drunk driving with a child passenger.
- Has seven years’ worth of DUI convictions
The repercussions for a felony DUI in Indiana are more severe. A felony DUI conviction in Indiana carries the following penalties in addition to up to 365 days in jail and a $5,000 fine:
- Up to 2.5 years in prison for a Level 6 crime
- Serious criminal record
- Increased penalty and probationary period for other criminal convictions
- Participation in a drug or alcohol recovery program
- Driving license suspension
You will need the assistance of an experienced OWI defense lawyer in Fishers to safeguard your license, record, and freedom if you are found guilty of a felony DUI. At Rathburn Law, our drunk driving defense attorneys have the experience and resources needed to determine the best course for your DUI case.
Common Defenses In DUI/DWI Cases
In Indiana, if you’ve been charged with an OWI offense, the state has already obtained evidence to use against you in court. The evidence includes field sobriety test results and the officer’s observations of your driving that caused them to believe you were intoxicated.
You might conclude that there is no chance of vacating a conviction after considering this material. However, our prior encounters have convinced us this isn’t always the case. There are several common ways to contest a DUI charge in Indiana, including:
Lack Of Probable Cause To Stop
An officer must have a valid, justifiable reason for probable cause to pull you over. Police need a solid suspicion that someone is improperly acting before they can stop them and invade their privacy. Any evidence acquired during the stop cannot be used against you in court if the court rules that it was unlawful, and the state’s case cannot proceed. At Rathburn Law, this is our most distinctive approach to getting a DUI charge dropped.
Challenging the Accuracy Of Tests
Indiana police frequently use three field sobriety tests: horizontal gaze nystagmus, walk and turn, and one leg stand. However, these tests might be inaccurate because the officer’s subjective assessment of whether or not your eyes moved uncontrollably enough to suggest you were drunk determines the results of these tests.
Additionally, the results may be influenced by various circumstances, such as fatigue, medical conditions, physical limitations, or even weather conditions.
It has also been demonstrated that breathalyzers are inaccurate, with some models having error rates as high as 20%. Additionally, the device can give you a false reading if it isn’t properly maintained and calibrated. The findings may be harmed by acid reflux, weight, breath temperature, and even the mouthwash you use.
Mistakes can happen even with blood testing. The blood sample must also undergo a rigorous test, and human error can affect its accuracy in various ways. Speaking with an experienced DUI attorney if you are pulled over for operating a vehicle while under the influence of alcohol or drugs is essential. Rathburn’s Law OWI defense lawyers in Fishers will challenge the accuracy of the sobriety tests to have your charges dropped.
How Can A Fishers DUI Defense Lawyer Help Me?
One of the most important steps you can take to protect your future if you’re charged with a DUI in Indiana is to hire an experienced drunk driving defense attorney. Whether you’re facing a misdemeanor or felony charge, an OWI defense lawyer in Fishers can help safeguard your rights and guide you through every stage of the legal process. A skilled attorney not only represents your interests in court but also helps you understand your options and the potential outcomes of your case.
A Fishers DUI defense lawyer can advise you on securing bail, preparing your case, and navigating Indiana’s criminal justice system. So, how can the drunk driving defense attorneys at The Rathburn Law Office P.C. P.C. help you?
Offering Legal Advice
We provide clear, practical advice on how to approach your case and navigate the criminal justice system. Our team explains your rights, explores possible defense strategies, and ensures that your constitutional protections are upheld at every step.
Preparing For Defense
Our primary focus is building a strong defense on your behalf. If you’ve been charged with DUI in Indiana, we carefully review the prosecution’s case to identify weaknesses and inconsistencies. We then develop tailored strategies designed to achieve the best possible outcome—whether that means pursuing a reduction or dismissal of charges, or engaging in plea bargaining for a lighter sentence.
Filing Legal Motions
We prepare and file motions that can significantly impact your case—such as requesting to exclude unreliable evidence from a trial or challenging procedural errors. These motions are often critical to strengthening your defense and shaping how your case proceeds in court.
Preparing for Court And Related Proceedings
Our DUI attorneys ensure you’re fully prepared for court hearings, evaluations, and meetings with professionals such as probation officers or treatment providers. We organize all necessary documentation and help you present yourself confidently and effectively.
Representing You In Court
As experienced criminal defense attorneys, we advocate for you in court, presenting evidence and arguments aimed at reducing or dismissing your charges. Our goal is to protect your rights, minimize penalties, and help you move forward with your life.
Why Choose The Rathburn Law Office P.C. P.C.?
When you’re facing a DUI charge in Fishers, experience and expertise make all the difference. At The Rathburn Law Office P.C. P.C., clients benefit from Charles Rathburn’s more than 25 years of dedicated DUI defense practice. His deep understanding of Indiana’s DUI laws, coupled with his hands-on experience in courtroom defense and scientific testing, allows him to build strategic, evidence-based cases that protect clients’ rights and driving privileges.
Mr. Rathburn’s credentials set him apart as more than just a Fishers DUI attorney. He’s a recognized authority in the field. Courts in multiple states have accepted him as an expert witness in breath testing and standardized Field Sobriety Tests, giving his testimony and legal arguments added credibility. As a certified phlebotomist, he brings a unique scientific perspective to blood-alcohol testing, enabling him to identify flaws and inaccuracies in the state’s evidence that other lawyers might overlook.
Key reasons clients choose The Rathburn Law Office P.C. P.C.:
- Over 25 years of experience in DUI defense
- Recognized expert in Breath and Field Sobriety Testing
- Certified phlebotomist with deep insight into blood-alcohol analysis
- Personalized legal strategies tailored to each client’s situation
Contact a Trusted Fishers DUI Lawyer Today
In Indiana, driving under the influence can result in license suspension, community service requirements, or possibly jail time. If your blood alcohol content (BAC) is 0.08% or above, you are deemed to be driving while intoxicated. Driving while high on illegal drugs, nonprescription drugs, or over-the-counter drugs that impair one’s ability to drive safely constitutes an impaired driving conviction.
You should take your OWI accusation seriously because a conviction will negatively impact your driving privileges, future, personal freedom, and employment.
If you’ve been charged with DUI or OWI in Fishers, Indiana, you can’t afford to waste time putting together your defense. Given the severe consequences, you must hire Rathburn Law’s OWI defense lawyers in Fishers to defend your interests.
We will exhibit professionalism and expertise from the beginning to the end of your case. We can examine the facts of your situation and develop the best strategy to achieve the most incredible outcome. Contact us at 800-800-8000 to schedule a free case review.
