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 Plainfield 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 Plainfield 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 317.671.8965 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 cars 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 Plainfield 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 Plainfield, 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 Plainfield 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 a chemical test can be used as proof against you in court. For the first refusal, your license will be suspended for a year and 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 Plainfield 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 almost 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 popular 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 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 Plainfield will challenge the accuracy of the sobriety tests to have your charges dropped.
How Can A Plainfield DUI Defense Lawyer Help Me?
One of the finest things you can do to safeguard your future if you are charged with a crime in Indiana is to hire a skilled drunk driving defense attorney. Anyone accused of a DUI crime in Indiana, whether a misdemeanor or felony, can benefit from hiring an OWI defense lawyer in Plainfield. The expert can defend your interests in civil court and inform you of your legal rights.
People charged with a DUI crime can acquire advice from Plainfield DUI lawyers on obtaining bail and handling their case as it moves through the legal system. So, how can drunk driving defense attorneys at Rathburn Law assist you?
Offering Legal Advice
We can offer advice on how to approach your situation and demonstrate the functioning of the criminal justice system. We may also assist you with any defense strategies you may have. We endeavor to ensure that our client’s legal rights are upheld because we are aware of such rights.
Preparing For Defense
Our main task as DUI attorneys is putting the defense together. If you are charged with DUI in Indiana, we will develop defense strategies for you by examining the prosecution’s case for weaknesses. In addition, we will advise you on the best way forward.
Filing Motions
We also submit motions to the court to influence decisions that could benefit your case, such as whether to exclude specific evidence from the trial or whether a different judge can hear the case after you’ve taken a break for personal reasons. All these are crucial in making your case easy.
Getting Ready For Court Proceedings And Other Actions
We will also assist you in preparing for additional court appearances and hearings where the judge could question you regarding the prosecution’s case. We will organize everything for you as you visit a psychologist, psychiatrist, doctor, or probation officer.
Representing You In Court
We criminal defense lawyers must represent you in court or before the trial judge. We will speak on your behalf and present all the necessary evidence to persuade the court to withdraw your DUI charges or reduce the implications of a guilty verdict.
Turn To Rathburn Law For The Competent, Compassionate, And Non-Judgmental Help You Need
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 Plainfield, 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 Plainfield to defend your interests. We will exhibit professionalism and expertise from beginning to 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 317.671.8965 to schedule a free case review.
