If you are facing DUI or OWI charges in Indiana, you may feel overwhelmed, anxious, and uncertain about your future. The legal process moves quickly, and the consequences can be severe. The right Indiana DUI Defense Lawyer can make all the difference. At Rathburn Law, we know what you are going through. We are here to provide clarity and strong legal guidance when you need it most.
Our approach to DUI defense is robust and detail-oriented. We meticulously analyze every piece of evidence, from breathalyzer and sobriety test results to the circumstances of the traffic stop itself, ensuring that no stone is left unturned in your defense. Our objective is not just to challenge the evidence against you but to minimize the consequences of a DUI charge.
Rathburn Law is committed to offering a tailored legal response for those facing DUI charges across Indiana. Based in Indianapolis, we extend our expertise to cities like Fort Wayne, Evansville, South Bend, Lafayette, Gary, Muncie, and Elkhart, as well as many others.
Why Choose Rathburn Law as Your Indiana DUI Lawyer?
Choosing the right Indiana DUI Defense Lawyer can make all the difference when your freedom, career, and reputation are at risk. At Rathburn Law Office P.C., clients benefit from a blend of deep experience and compassion. We know how stressful facing an OWI or DUI charge can be, and we aim to guide you with clarity and resolve during this difficult time.
We explain your legal options and work tirelessly to protect your future, whether that means negotiating a plea deal with the prosecution or representing you in a
25+ Years of Focused DUI Defense Experience in Marion County
With over 25 years dedicated exclusively to DUI and OWI defense, Charles Rathburn brings a level of skill that few Indiana DUI Lawyers can match. He has handled thousands of cases throughout Marion County and the greater Indianapolis area.
This concentrated focus means he knows local courts, prosecutors, and the intricacies of Indiana DUI law inside and out. Rathburn Law’s experience is your advantage, whether you are facing a first-time offense or a complex felony DUI charge.
Compassionate, Client-Centered Approach When You Need It Most
Every client’s situation is different, and we never treat cases as “one size fits all.” We listen to your concerns, answer your questions honestly, and walk you through each step of the process. Our goal is to provide support and guidance, not just legal advice.
Recognized Expertise in Courts Across Indiana and Beyond
Rathburn Law Office P.C. is led by a DWI Attorney whose knowledge is recognized not only in Indiana but across the country. Charles Rathburn is frequently called upon as an expert in breath testing and scientific evidence, with courts in states like California and New York acknowledging his credentials. His background as a certified phlebotomist and lab assistant allows him to challenge blood and urine test results with authority.
This reputation gives clients confidence that their defense is built on a foundation of true expertise and respect in the legal community. When you need an Indiana DUI Lawyer who is trusted by peers and judges alike, Rathburn Law stands apart.
Understanding DUI Charges in Indiana
Driving under the influence (DUI), also known as operating while intoxicated (OWI) in Indiana, is a serious criminal offense. These charges can have lasting effects on your record, finances, and freedom.
What Qualifies as DUI, DWI, and OWI Under Indiana Law?
Indiana law uses several terms for impaired driving, including DUI (Driving Under the Influence), DWI (Driving While Intoxicated), and OWI (Operating a Vehicle While Intoxicated). All refer to operating a motor vehicle while your abilities are impaired by alcohol, drugs, or controlled substances. Even prescription medication can result in an OWI charge if it affects your ability to drive.
An Indiana DUI Lawyer can explain the specifics of your charges and the evidence involved.
Felony vs Misdemeanor DUI Charges
A misdemeanor DUI generally applies when a driver is caught operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, but no one is injured, and the driver has no prior DUI convictions within the last seven years. Penalties for a misdemeanor DUI can include fines, license suspension, probation, community service, and even jail time.
A DUI becomes a felony when more serious factors are involved. This includes situations where the driver has previous DUI convictions, causes an accident resulting in serious injury or death, drives with a suspended license, or has a minor in the vehicle. Felony DUI charges carry significantly harsher consequences, such as longer jail or prison sentences, steeper fines, and extended license suspensions.
What Are the Penalties for DUI in Indiana?
In Indiana, the penalties for driving under the influence (DUI), also referred to as Operating While Intoxicated (OWI), can vary significantly depending on the circumstances of the offense, including the driver’s blood alcohol concentration (BAC), prior convictions, and whether the incident resulted in injury or death.
Indiana law is harsh on DUI offenders, aiming to deter impaired driving and ensure public safety.
First DUI Charge
The penalties for a first DUI conviction can include fines, probation, mandatory alcohol education programs, and a suspended license.
For a first DUI with a BAC between 0.08% and 0.15%, you may face Class C misdemeanor charges. Penalties can include a fine of up to $500 and a jail sentence ranging from a few days to a maximum of 60 days.
If the BAC is above 0.15% or the driver operates the vehicle in a manner that endangers a person, the offense escalates to a Class A misdemeanor, potentially leading to jail time of up to 1 year and fines of up to $5,000.
Repeat Drunk Driving Conviction
Repeated DUI offenses within 5 years increase penalties significantly. A second DUI offense can lead to a Level 6 felony charge, with harsher fines, longer jail time, and the possibility of a suspended license for a period ranging from 180 days to 2 years.
For individuals with two or more DUI convictions within the past 10 years, the offense may be charged as a Level 5 felony, which carries a prison sentence of 1 to 6 years and up to $10,000 in fines.
Driver’s License Suspension for Refusing a Chemical Test
Refusing to submit to a breath or blood test can trigger immediate license suspension under Indiana’s implied consent laws. This administrative penalty is separate from any criminal charges. Losing your license can disrupt your work and daily life. An experienced DUI Attorney can challenge the suspension and seek to restore your driving privileges.
Can I Refuse a Breath Test (Breathalyzer) in Indiana?
Indiana’s implied consent law means that refusing a breath, blood, or urine test can have immediate consequences. Refusal often results in automatic license suspension, even before your case goes to court. This administrative penalty is separate from any criminal charges you may face.
A knowledgeable Indiana DUI Defense Lawyer can challenge the procedures used during your arrest and the validity of the license suspension. With the right legal guidance, you have a stronger chance of keeping your driving privileges and protecting your future.
If you find yourself facing an OWI charge or license suspension, it’s critical to seek help from an experienced DUI Attorney who understands Indiana law and can fight for your rights from the very beginning.
How a DUI Attorney Can Challenge Evidence
In every DUI case we tackle, a comprehensive review of the prosecution’s evidence is paramount. Our legal team meticulously examines the data, focusing on breathalyzer and field sobriety test procedures, to identify any potential flaws or inconsistencies. This detailed scrutiny allows us to challenge the credibility of the evidence presented against you, aiming to fortify your defense with precision.
Expert Breath Test Defense from a Nationally Recognized Specialist
Charles Rathburn, founder of Rathburn Law, is not just any Indiana DUI Defense Lawyer. He is a recognized authority on breath testing devices, including the Alco-Sensor III and DataMaster. His technical knowledge allows him to challenge the accuracy and reliability of breath test results.
Police officers must ensure that the breathalyzer equipment is properly calibrated and maintained. A DWI attorney can challenge the results if the breath test machine was not used properly or the police officer was not adequately trained.
Certified Phlebotomist to Challenge Blood Test Evidence
Blood and urine tests are often central to DUI cases. Charles Rathburn is certified in phlebotomy and laboratory procedures. This unique skillset allows him to scrutinize lab results and expose mistakes in the collection, storage, or analysis of your samples. Not every DUI Attorney can offer this level of scientific review.
Field Sobriety Testing
A DUI attorney can challenge field sobriety test evidence by questioning how the tests were conducted and whether the police officer followed proper procedures.
Field sobriety tests, such as walking in a straight line, standing on one leg, or following a pen with the eyes, depend heavily on the officer’s judgment. An attorney may point out that poor lighting, uneven ground, bad weather, medical conditions, or nervousness could have caused the driver to appear impaired even when they were not.
The attorney may also examine the officer’s training and experience to show that the test results are unreliable. If the police officer failed to give clear instructions, didn’t account for the driver’s health issues, or deviated from standard testing guidelines, the evidence can be challenged or even thrown out. By exposing these weaknesses, a DUI lawyer can raise reasonable doubt about whether the test results accurately reflected impairment.
Protecting Your Professional License or CDL After a DUI
For professionals and commercial drivers, a DUI conviction can do more than disrupt your daily life—it can threaten your career and livelihood. Rathburn Law provides focused defense for those holding professional licenses and CDL privileges. As an experienced DWI Attorney, Charles Rathburn knows the unique circumstances these drivers face. He works to protect your license, minimize the impact on your employment, and pursue every available legal avenue to safeguard your future.
Selecting the right Indiana DUI Defense Lawyer is about more than legal knowledge. It’s about having someone who genuinely cares about your outcome, understands the stress you’re under, and uses every resource and skill to protect your rights.
Contact Rathburn Law Firm for a DUI Defense Lawyer in Indiana
Facing a DUI charge in Indiana can be overwhelming, but you don’t have to handle it alone. The consequences can have lasting effects on your life. At Rathburn Law Office P.C., we understand how much is at stake, and we are dedicated to protecting your rights, your reputation, and your future. Our firm brings years of experience and in-depth knowledge of Indiana DUI laws to every case, helping clients navigate the legal process with confidence.
If you’ve been arrested for a DUI, it’s important to act quickly. Call today at 800-800-8000 to get help from a trusted DUI defense lawyer in Indiana.
