Have you ever faced arrest for drinking under the influence of alcohol (DUI) in Greenwood, Indiana? Drunk driving is a prosecuted crime in the state, particularly for repeat offenders. However, even a first offense of drunk driving can lead to license suspension and jail time.
Operating while intoxicated (OWI) or driving while intoxicated (DWI), commonly referred to as DUI, carries significant consequences. If you find yourself charged with a DUI offense, it’s crucial to seek representation from a skilled Greenwood DUI Defense Lawyer.
At Rathburn Law, we are well-versed in Greenwood’s DUI laws and the circumstances surrounding DUI arrests that may violate your rights. When confronting a DUI charge, you require a seasoned drunk driving defense attorney who can guide you through the legal process and ensure your rights are protected. We are dedicated to providing our clients with a fair opportunity to contest their DUI charges.
Contact Rathburn Law at 317.671.8965 to speak with our Greenwood OWI defense lawyers and let us assist you in fighting your DUI charge.
What Is The BAC (Blood Alcohol Content) Limit In Indiana?
Driving under the influence is both illegal and perilous. Similar to most states, Indiana stipulates a legal limit for alcohol consumption.
Blood alcohol content (BAC) is regarded as an accurate measure of intoxication. In Indiana, a BAC of .08% is considered the legal threshold for alcohol consumption. However, individual responses to alcohol vary, and one may feel intoxicated even with a lower BAC. Here’s how intoxication is legally defined in Indiana:
- Drivers under 21 years old are deemed legally intoxicated when their BAC measures .02% or higher.
- Commercial vehicle operators are considered intoxicated when their blood alcohol level is .04% or more.
- Non-commercial drivers aged 21 or older are considered intoxicated when their BAC reaches .08% or higher.
What Penalties Can I Face For A DWI/DUI In Indiana?
The penalties for Indiana DUI convictions are significantly influenced by the nature of the charge, your blood alcohol concentration (BAC), and whether you have prior DUI charges in Indiana. DUI offenses in Indiana can be categorized as misdemeanor or felony DUIs based on the circumstances of your case. Here are the potential penalties you may encounter in Indiana for DUI:
- Restitution
- Community service
- House arrest
- Probation
- Completion of drug and alcohol classes
- Installation of an ignition interlock device
- Court costs
- Attendance at AA meetings
For a first offense:
If it is your initial OWI offense, you will face a driver’s license suspension ranging from 90 days to two years and a fine of up to $5,000.
For repeat offenses:
If a subsequent offense occurs within five years of your first offense, it may result in jail time ranging from at least five days to three years, a maximum of up to two years of license suspension, and fines of up to $10,000.
A third offense may lead to up to 2.5 years of license suspension, fines of up to $10,000, and jail or prison time ranging from 10 days to three years. If found guilty, you may also be required to complete 360 hours of community service.
A DUI can have long-lasting consequences that impact your life for years to come, with subsequent offenses often resulting in heightened penalties. Have you been charged with a DUI in Indiana? Contact us at 317.671.8965, and let our Greenwood DUI lawyers work to ensure your rights are fully protected at every stage of your case.
Can I Refuse A Breathalyzer Test In Greenwood, Indiana?
When obtaining your driver’s license, part of your agreement with the state is to comply with any chemical testing required by law enforcement. Refusing to take a breathalyzer test automatically triggers a one-year license suspension by the BMV.
Failing the test carries penalties of license suspension, ranging from up to 60 days for a class C misdemeanor, up to a year for a class A misdemeanor, and six months to two and a half years for a level 6 felony.
A DUI charge in Indiana should not be taken lightly. If you’re facing a DUI charge, contact our Greenwood DUI lawyers, who will thoroughly investigate your case and help determine potential defenses. Once established, we will devise a legal strategy in your best interest. For optimal results when facing a drunk driving charge, call 317.671.8965 our drunk driving defense attorney as soon as possible.
Implied Consent Laws In Indiana
Indiana enforces an implied consent law that mandates you to submit to chemical intoxication tests if a law enforcement officer has probable cause to believe you are driving while intoxicated. These tests may include blood or breath tests.
By driving on public roads in Indiana, you implicitly consent to undergo these tests. Although you have the right to refuse the test, an officer can obtain a search warrant for a chemical test if you do so.
According to Indiana law I.C.9-30-6, “an individual operating a vehicle consents to submit to the chemical test provision of this chapter as a condition of operating a vehicle in Indiana.”
What Is A Felony DWI/DUI In Indiana?
You’ll require the expertise of our accomplished Greenwood DUI lawyers if you’re accused of OWI or DUI as a level 6 felony in Indiana. Such a charge entails potential consequences such as house arrest, jail time, probation, or an extended license suspension. Our OWI defense attorneys in Greenwood are dedicated to defending your rights and identifying defenses to mitigate potential penalties. Contact us at 317.671.8965 for further details.
A felony DWI/DUI in Indiana encompasses:
Driving under the influence with a prior conviction
Depending on the facts and circumstances of your case, a DUI charge is usually filed as a misdemeanor. However, if you have a prior misdemeanor DUI conviction within the first seven years preceding your new charges, your offense is elevated to a level 6 felony.
Being convicted of a level 6 felony with a previous DUI conviction entails a mandatory minimum jail term of five days. If you have two or more convictions on your record, the minimum jail term increases to ten days. Additionally, the court must suspend your driving privileges for a minimum of one year if you have a prior DUI conviction.
Driving while intoxicated with a minor in the vehicle
Your charge can be elevated to a level 6 felony if you are alleged to have been driving under the influence with a minor in your car. According to Indiana Code 9-30-5 3(a)(2), you commit a level 6 felony if:
- You are at least 21 years old.
- You violate section 1(b) or 2(b) of this chapter.
- You operated a vehicle in which at least one passenger was below 18 years old.
- License suspension after conviction:
Under Indiana law, the court has the authority to suspend your driver’s license for a duration that may coincide with possible incarceration in the event of a DUI conviction. For example, if convicted of DUI as a level 6 felony, your license suspension can last up to 910 days, which is the maximum sentence for individuals with a level 6 felony.
If you have a DWI conviction, the court is required to suspend your license for a minimum of 365 days. Multiple DUI convictions may result in an extended suspension. However, if your license was suspended at the outset of your case, you may receive credit for the suspension time, unless there was a refusal. If you meet the criteria, the court may grant you specialized driving privileges.
Common Defenses In DUI Cases
Facing a DUI charge in Indiana can significantly impact your life, making it crucial to contest the charge, even if law enforcement officers have evidence that your BAC exceeded the legal limit. With a skilled lawyer, there are multiple effective defense strategies that can be employed in DUI cases. Here are common defense strategies our lawyers at Rathburn Law might use:
Challenge the arrest
Police officers may make errors or deviate from protocol during an arrest for suspected intoxication. Fighting against the arrest itself can be a key strategy. Any mistakes made by the arresting officer can be advantageous in court, potentially leading to the dismissal of DUI charges by demonstrating that the arresting officer erred.
No proof of driving
Prosecutors must establish that you were driving the vehicle for a DUI charge to be applicable. If there were no witnesses to you driving the vehicle, such as in the case of an accident, it can be challenging for prosecutors to prove drunk driving.
Fight the ‘evidence’
Challenging the validity of the evidence presented is another common defense in DUI cases. Failing a chemical test does not automatically result in conviction. Our DUI defense lawyers at Rathburn Law can help establish that errors were made during the test procedure or that the test did not adhere to updated chemical testing laws, potentially leading to avoidance of a DUI conviction.
The disconnect between your actual impairment and BAC
You may show no signs of impairment, yet the chemical tests indicate a high BAC level. This disconnect can be utilized to effectively challenge the presented evidence
Lack of probable cause for the stop
DUI stops must be supported by probable cause. If law enforcement officers lacked probable cause or reasonable suspicion to stop you, our DUI defense lawyers can file a motion to suppress the evidence obtained illegally. Suppressing crucial evidence increases the likelihood of the DUI being dismissed.
Challenging the accuracy of the tests
The most common BAC test is conducted with a breathalyzer, which indirectly measures BAC by assessing breath alcohol levels and applying a partition ratio. However, issues such as auto-brewery syndrome, the breathalyzer’s margin of error, and individual variations in drivers can impact the accuracy of these tests. Your DUI lawyer can challenge the test’s accuracy based on these factors.
How Can A Greenwood DUI Defense Lawyer Help Me?
At Rathburn Law, we are dedicated to serving clients throughout Indiana, understanding that each case is unique. We take the time to evaluate and comprehend the specific demands of your case, considering both your present and future objectives. Our goal is to develop a tailored legal solution that addresses your individual needs. Contact us at 317.671.8965 today to discover how we can assist you.
Here are the various ways our Greenwood DUI defense lawyers can support you:
Evaluate your case
With years of experience handling diverse DUI cases, we understand that not all arrests adhere to protocol. We meticulously examine your arrest and scrutinize all available evidence to determine if your rights were infringed upon. We strive to provide superior representation, seeking to secure a reduced sentence or dismissal of criminal charges if any misconduct occurred during your DUI arrest.
We know the law
Rathburn Law specializes in DUI cases, and our attorneys possess extensive knowledge of DUI law, ensuring we pursue the best possible outcome for your case.
Prevent you from pleading too fast
Many individuals hastily plead guilty, especially when lacking legal representation. With our comprehensive understanding of DUI law, we guide you through the legal process, advising against premature pleas and advocating for your best interests.
Negotiate on your behalf
Our seasoned DUI attorneys skillfully negotiate on your behalf, striving to secure the most favorable outcome and a reduced sentence.
Help you determine the best plea
The plea you enter significantly influences the sentence you receive. Beyond pleading guilty or not guilty, you have alternative options, such as a no-contest plea, expediting case resolution. Our proficient team helps you assess the best plea strategy tailored to your circumstances.
Start Your Defense Today – Contact A Greenwood DUI Lawyer To Schedule A Free Consultation
Facing a DUI charge can lead to incarceration, hefty fines, or license suspension. When you or a loved one confront a DUI/OWI charge, it’s imperative to enlist the support of an experienced local DUI attorney to contest the charge. Our Rathburn Law DUI lawyers possess comprehensive knowledge of the law in Greenwood, Indiana, and provide exceptional legal representation. Contact us at 317.671.8965 to discuss your case.
