Indianapolis DUI injury Lawyer

First, ensure medical attention is sought for all injured parties. Remain at the scene but do not admit fault or apologize to the other driver or police. Exercise your right to remain silent and politely refuse field sobriety tests.

Under Indiana Code § 9-30-5-4, causing “serious bodily injury” while operating a vehicle while intoxicated is a Level 5 Felony. If you have a prior OWI conviction within the last 5 years, this charge can be elevated to a Level 4 Felony, carrying significantly harsher prison sentences.

After arrest, you will likely face an initial hearing where bail is set. The prosecutor will file formal felony charges. The court may impose conditions like an ignition interlock device or travel restrictions. Your attorney will then begin the “discovery” phase to obtain evidence (blood tests, police reports) and file motions to suppress evidence if your rights were violated.

Unlike a standard misdemeanor OWI which may resolve in months, an OWI involving injury is a felony case that typically takes 6 to 18 months to resolve. This timeline allows your Gemma & Karimi attorney to thoroughly investigate accident reconstruction reports, medical records, and blood draw protocols.

A Level 5 Felony conviction carries a sentence of 1 to 6 years in prison and fines up to $10,000. You also face a mandatory driver’s license suspension (often 1–5 years), potential vehicle forfeiture, and a permanent felony record that impacts employment and housing.

Yes. Jail time is a very real possibility for felony OWI charges, especially if the injury was severe. However, experienced counsel can often negotiate for alternative sentencing, such as house arrest, work release, or community corrections, particularly for first-time felony offenders.

We challenge the case on multiple fronts: 1) The Stop: Was the traffic stop constitutional? 2) The Accident: Did your intoxication actually cause the accident, or was it the other driver’s fault? 3) The Science: Was the blood draw mishandled or the equipment faulty? As former prosecutors, we know exactly how the state builds these cases and where they are weak.

“Serious bodily injury” involves extreme pain, permanent disfigurement, unconsciousness, or substantial risk of death. Standard “bodily injury” (scrapes or bruises) may result in a Level 6 Felony, whereas “serious bodily injury” triggers the more severe Level 5 Felony charges.

You have the right to remain silent—use it. You have the right to refuse field sobriety tests (walking a line, standing on one leg) without legal penalty. You have the right to an attorney. You generally must submit to a chemical test (breath or blood) if a warrant is obtained or under implied consent, otherwise, you face automatic license suspension.

Look for a firm with specific experience in felony traffic litigation, not just general practice. You need an attorney who understands accident reconstruction and toxicology. Gemma & Karimi offers 24/7 direct access to attorneys and brings “former prosecutor” experience to your defense, ensuring we know the opposition’s playbook.

Yes. A criminal conviction can be used as evidence of negligence in a civil personal injury lawsuit against you. This makes fighting the criminal charge vital not just for your freedom, but for your financial future. We work to prevent your criminal case from becoming an automatic liability in civil court.

It is difficult but possible. While license suspensions for injury cases are strict, Indiana law allows for “Specialized Driving Privileges” (SDP) in some cases, permitting you to drive to work or court. We can petition the court for an SDP to help you maintain your employment while the case is pending.

Causation is a critical defense. If the other driver ran a red light and hit you, strict liability may not apply solely because you were intoxicated. We aggressively investigate the crash scene to prove that your intoxication was not the “proximate cause” of the injury, which can lead to reduced charges.

A former prosecutor, like those at Gemma & Karimi, understands how the state evaluates “serious bodily injury” and how they negotiate plea deals. We can often predict the state’s moves and identify procedural errors in the police investigation that other attorneys might miss.

Yes, usually through plea negotiations. If the “serious bodily injury” designation is questionable, or if the evidence of intoxication is weak, we may be able to negotiate a plea to a misdemeanor OWI or even a reckless driving charge, avoiding a felony conviction and prison time.