If you’ve been arrested for a DUI, you need to speak with an experienced defense lawyer as soon as possible. A DUI conviction often comes with serious consequences that can impact your life for years to come. You could lose your driver’s license, pay a hefty penalty, and even go to jail. Rathburn Law is here to help. Our experienced Zionsville DUI Defense Lawyer has years of experience defending clients against DUI charges in Zionsville, and we know how to get the best results possible in each case. Contact us today at 317.671.8965 for a free consultation.
What Is the BAC (Blood Alcohol Content) Limit in Zionsville?
The BAC limit in Zionsville is divided into three categories:
- Non-commercial drivers who are 21 or older = BAC limit is 0.08% or more
- Commercial vehicle drivers = BAC limit is 0.04% or more
- Drivers below 21 years = BAC limit is 0.02% or more
What Penalties Can I Face for a DUI in Zionsville?
Here are some of the penalties that you can face for a DUI offense in Zionsville:
- In Zionsville, first-time DUI offenders face a suspension of their driver’s license suspension for 90 days to two years. This mandatory suspension is in addition to any other penalties that may be imposed, such as fines, community service, or jail time, depending on the severity of the crime.
- If you have a previous DUI conviction that occurred five years ago but less than 10 years, you may face a suspension of your driver’s license suspension period of 180 days to two years. You may petition the court for a restricted license after the first 30 days of the suspension if you complete an alcohol and drug abuse assessment and any recommended treatment program.
- Those who have been convicted of driving under the influence will be subject to stricter penalties if they are caught driving drunk again. According to the new law, those with at least one previous conviction will be imprisoned for a minimum of five days or may be required to perform 180 hours or more of community service.
- A person who has been convicted of driving under the influence of alcohol or drugs on two or more occasions will be imprisoned for a minimum of 10 days. Additionally, the convict may have to perform at least 360 hours of community service, as per the latest DUI law in Zionsville, IN. A repeat offender can also lose his driver’s license, as well as face increased insurance rates and other financial penalties. He may also be required to install an ignition interlock device (IID) in his vehicle.
- As already mentioned, it is illegal to operate a vehicle with a blood alcohol content (BAC) of .08 or above in Zionsville, IN. If a person is convicted of a DUI offense and causes serious bodily injury to another person, they face six months to three years in prison. The convict would also have to pay a fine of up to $10,000. In addition, the offender’s driver’s license will be suspended for a period of one year. If the offender is a repeat offender, or if the DUI resulted in a death, the penalties are even more severe. If the accident happens within five years of the previous conviction, then the offender may face jail time of two to eight years.
- If the offender has a BAC level between 0.08 and 0.15, then the jail time is 60 days and also a fine of $500. However, if the BAC level is more than 0.15, then the prison term is one year and the fine amount is $5000.
- If any person convicted of DUI causes the death of another person while driving with a BAC level of at least 0.08, then he may have to face a prison term of two to eight years and pay a fine of $10,000. On the other hand, if the person is a repeat offender, then the prison term is six to twenty years.
- If the convict has a BAC level of 0.15 or more and causes the death of another person, he will face a jail time of six to twenty years and a fine of $10,0000.
Can I Refuse a Breathalyzer Test in Zionsville?
No, you cannot refuse a breathalyzer test in Zionsville. Although it may be tempting to refuse the breathalyzer test, it is important to remember that the consequences are very serious. If you are pulled over upon being suspected of drunk driving, a breathalyzer test may be demanded by the officer. If you refuse, the officer will confiscate your driver’s license immediately. He will also arrest you on charges of DUI since you refused to take the breathalyzer test. Your license may be automatically suspended for at least a year or more if you refuse the breathalyzer. This is true even if you have not been drinking. If you already have a DUI conviction, the officer will have the right to suspend your license for two years. So, it is generally in your best interest to take the breathalyzer test if you are asked to do so. Your professional licenses may be at risk too after a DUI.
Refusing a breathalyzer is considered a violation of the implied consent law in Zionsville. This means that you are automatically assumed to be guilty of DUI and subject to arrest. Additionally, refusing a breathalyzer test will not only result in the suspension of your driver’s license but it will also become difficult to obtain a hardship license. However, this is typically only available to those who submit to the breathalyzer and are found to be over the legal limit.
Implied consent laws in Zionsville
Under Indiana law, all drivers are considered to have given their consent to submit to chemical testing if the police have enough cause to believe that they are driving a vehicle under the influence of alcohol or any other drug. This means that if you get pulled over because of drunk driving, a breathalyzer test should be expected. If you refuse to take the test, you will automatically face penalties, including the suspension of your driver’s license. In addition, if you take the test and it shows that you are above the legal limit for blood alcohol content, you will also be subject to penalties. These can include fines, jail time, and the suspension of your driver’s license. As a result, it is important to be aware of Indiana’s laws regarding drunk driving before getting behind the wheel.
What Is a Felony DUI in Zionsville?
In Zionsville, a DUI is typically a misdemeanor offense. However, there are certain circumstances in which a first DUI offense can be considered a felony. For instance, if someone seriously injures or kills another person while driving under the influence, they will be charged with a felony DUI. Additionally, if somebody drives while under the influence of alcohol or drugs with a minor in the vehicle, they will also be facing felony charges. Finally, if an individual has had a DUI conviction within the last seven years, their first offense will again be considered a felony. These enhanced penalties reflect the serious nature of these offenses and serve as a deterrent to would-be offenders.
Common Defenses in DUI cases
Some of the common defense strategies that we use in DUI cases to save our clients are as follows:
Lack of probable cause for a stop
In many DUI cases, one of the common defenses is the lack of probable cause for the stop. Probable cause is defined as a reasonable belief that a crime has been, is being, or is about to be committed. In order for an officer to make a traffic stop, they must have probable cause to believe that a driver is violating the law. This can be based on observations made by the officer, such as erratic driving, or on information received from dispatch. If the officer does not have probable cause for the stop, then any evidence obtained during the stop may be suppressed.
Challenging the accuracy of tests
In any DUI case, the accuracy of the breathalyzer test is crucial. If the test results are incorrect, it could mean the difference between a conviction and an acquittal. There are a number of ways to challenge the accuracy of a breathalyzer test, including questioning the calibration of the machine and the training of the operator. Additionally, certain medical conditions can cause false positive results on breathalyzer tests. In fact, breathalyzer tests are not always able to distinguish between different types of alcohol, which can lead to inaccurate results if the person being tested has consumed a non-alcoholic beverage prior to taking the test. If any of these factors are present, it may be possible to get the charges reduced or dismissed altogether.
Convict not given a chance to contact a lawyer
Another defense tactic that works wonders is if the suspect is not given the opportunity to contact an attorney. The police are required to read suspects their Miranda rights, which include the right to remain silent and the right to an attorney. If the police do not read the suspect their Miranda rights, then anything that the suspect says after that point can be used against them in court. As a result, if the suspect was not given the opportunity to contact an attorney, then it is likely that any evidence obtained after that point will be excluded from the case. This can often be enough to get the charges against the suspect dropped.
How Can a Zionsville DUI Defense Lawyer Help Me?
Here are a few ways how we can help you as your DUI defense lawyer in Zionsville:
Handle the DUI charges
If you have been charged with DUI, you will need an experienced DUI defense lawyer to handle the charges on your behalf. A DUI conviction can result in severe penalties, including jail time, loss of driving privileges, and hefty fines. Our experienced DUI defense lawyers know how to challenge the evidence against you and build a strong defense to protect your rights. They will also be able to negotiate with prosecutors to get the charges against you reduced or dismissed. Don’t try to handle a DUI charge on your own, contact our DUI defense lawyer today for help.
Negotiate the charges
A DUI charge in Zionsville means facing a number of penalties, including jail time, fines, and the loss of your driver’s license. Fortunately, our DUI defense lawyers can help you to avoid the most severe penalties by negotiating with prosecutors on your behalf. In many cases, our lawyers can get the charges against you reduced or dismissed altogether. Additionally, they can work to ensure that you keep your driver’s license and avoid having to serve time in jail.
Find evidence to defend your case
Our DUI defense lawyer will look for any and all evidence to help you win your case in court. This includes evidence that may be favorable to you, as well as evidence that may be unfavorable to the prosecution. For instance, the lawyer will look at the police report to see if there are any inaccuracies or inconsistencies. He will also interview witnesses to get their side of the story. In addition, the lawyer will review any video footage of the incident. By thoroughly investigating the case, our DUI defense lawyer can build a strong defense and give you the best chance of winning your case in court.
Contact A Zionsville DUI Defense Lawyer
If you have been arrested for a DUI in Zionsville, it is important to contact an experienced DUI defense lawyer as soon as possible. The attorneys at Rathburn Law are dedicated to defending the rights of those accused of DUI and will work tirelessly to get the best possible outcome for your case. We will make sure that you don’t face a severe penalty or charge against your case and that you get your license back quickly. Call us today at 317.671.8965 for a free consultation.