Indiana DUI Attorney

Understanding Indiana DUI Law

Drunk driving in Indiana is referred to in the law as Operating a Vehicle While Intoxicated (OWI). OWI laws are intended to penalize and deter people from driving under the influence of drugs and alcohol. Essential aspects of Indiana DUI laws to know are:

Legal Limits

• Blood Alcohol Concentration (BAC): The legal BAC limit is 0.08% for drivers aged 21 and over. It’s 0.04% for commercial drivers, and for those under 21, it’s 0.02%.
• Drugs: Operating a vehicle with any amount of a controlled substance or its metabolites in your system is illegal, unless you have a valid prescription for the substance and are not impaired.

Implied Consent

By driving in the state, you consent automatically to a breath, blood, or urine test if the police officer suspects you are under the influence. Refusing a chemical test triggers an automatic license suspension, typically 1 year for a first refusal, 2 years if prior refusals exist, and can be used as evidence against you in court.

Penalties

• First Offense – Misdemeanor
  • BAC 0.08% – <0.15%: Up to 60 days in jail, fines up to $500, and license suspension of 90 days to 2 years.
  • BAC ≥0.15% or with drugs: Up to 1 year in jail, fines up to $5,000, and similar suspension periods.
• Second Offense: Becomes a Level 6 felony if within 7 years of the first. Penalties include 5 days to 2.5 years in prison, fines up to $10,000, and longer suspensions.
• Third Offense (within 7 years): A Level 5 felony, with 1-6 years in prison, fines up to $10,000, and potential habitual offender status adding more time.
• Aggravating Factors: Causing injury or death while intoxicated elevates charges to Level 4 or Level 3 felonies, with prison terms up to 12 or 16 years.

An experienced Indianapolis DUI lawyer may negotiate with the prosecutor to potentially get your charged reduced. For instance, if it is your first DUI offense, your lawyer may try to get the charged reduced to reckless driving. Or, they may negotiate to get a felony offense without serious injury reduced to a misdemeanor. The criminal defense lawyer will always devise the best legal defense possible.

Underage OWI

Drivers under 21 with a BAC of 0.02%-0.08% may be fined, face a license suspension up to a year, and be required to attend mandatory alcohol education programs, but not felony charges unless other factors apply.

Challenging DUI Charges

Challenging DUI charges in Indiana involves a strategic approach to damage the prosecution’s case. An OWI can be contested in several ways depending on the circumstances of your arrest and the evidence against you. Here are several strategies your Indianapolis DUI attorneys may attempt:

Traffic Stop Legality

One key angle is questioning the legality of the traffic stop. Indiana law requires officers to have reasonable suspicion to pull you over. say, swerving or speeding. If they lacked a valid reason, your attorney could argue the stop was unconstitutional, potentially getting all evidence (like breathalyzer results) thrown out under the Fourth Amendment. No evidence, no case.

Sobriety Test Accuracy

Next, the field sobriety tests can be scrutinized. These include the horizontal gaze nystagmus (eye movement), walk-and-turn, and one-leg stand. They’re subjective and prone to error. Were you on uneven ground? Nervous? Have a medical condition like an inner ear issue or bad knees? If the officer didn’t account for these, or didn’t administer the tests per National Highway Traffic Safety Administration standards, they might not hold up as proof of intoxication. Our Indianapolis dui defense lawyer may motion to suppress this evidence in court.

Chemical Test Reliability

Chemical tests are another battleground. Breathalyzers must be calibrated regularly, and operators need certification. If maintenance logs show the device was overdue for a check, or if it gave inconsistent readings, your attorney could challenge its reliability. Chain of custody matters for blood tests, any break, such as improper storage or unlabeled samples, could render results inadmissible. Timing’s critical too: Indiana has a three-hour window from driving to testing for BAC to be legally tied to the offense. If they tested you too late, rising alcohol levels might not reflect your BAC while driving.

Probable Cause

You can also attack the probable cause for the arrest. After the stop, the officer needed specific signs of impairment, such as slurred speech, alcohol smell, failed tests, to justify cuffing you. The arrest itself could be invalid if their observations were vague or contradicted by dashcam footage.

Procedural Errors With Arrest

Procedural errors can seal the deal. Missed deadlines like the 10-day window to request a license suspension hearing, incomplete Miranda warnings, or lost paperwork can all undermine the state’s position. Your attorney digs into these details, often through discovery, to spot cracks.

The process starts with a not-guilty plea at arraignment, followed by motions to suppress evidence or dismiss charges. If those fail, you’re prepping for trial, such as where your attorney cross-examines witnesses, challenges test validity, and presents your defense. Outcomes vary: a dismissal if evidence collapses, a reduced charge via plea deal, or a not-guilty verdict if the state can’t prove you were intoxicated and driving beyond a reasonable doubt.

Every OWI case depends on the details, such as arrest reports, test records, video evidence, witness testimony, and more. Your Indianapolis DUI attorney is highly skilled in reviewing complex DUI evidence and determining the best way to attack the prosecutor’s case.