What is a DUI or an OWI in Indiana?
Indiana’s standard for what constitutes a DUI is a blood alcohol content of 0.08. This number is a result of government criteria to figure out when an individual is intoxicated. However, people showing a BAC of 0.08 or greater have a lower successful DUI defense in court against an individual’s intoxication unless their OWI lawyers can somehow call into question the method through which law enforcement officers determined the BAC. Hence, the person’s BAC is a conclusive standard determining if an individual is lawfully intoxicated and supersedes any other actions.
Any person operating a motorized vehicle or an automobile with any drive train can obtain a DUI-type crime. This includes the use of:
- Motorized watercraft
- Riding lawnmowers
- Non-motorized bicycles,
- Horses and carriages
People riding skateboards, rollerblades, or Razor scooters would generally not be charged with a DUI if they operate the vehicle while intoxicated on the road or sidewalk. However, an individual may be charged with other offenses, such as public intoxication. Of course, a conviction or an arrest is dependent on the jurisdiction where the alleged crime occurs.
Hire an Indiana DUI Law Firm
How can a lawyer help with DUI charges? In an OWI or DUI case, the risk of getting convicted without proper legal representation is high. A DUI arrest can be traumatic and result in prison time, heavy fines, rehab programs, community service, probation, and a criminal record. The fact is, even a first-offense DUI is a serious issue. Working with a respected DUI lawyer in Indiana will allow you to make the most effective decisions about proceeding with your situation, resulting in a successful DUI defense. It’s very important because life after a DUI conviction can be life altering, to say the least.
Hire a DUI lawyer who understands the complexities of the legal system, and they will spot irregularities and mistakes which help in beating the DUI charge.
Collect Evidence and Find Weak Points in the Charges
The essential step in a DUI defense is knowing what the State can use versus you. Ask for a duplicate of the police report from the stop. Also, demand that any video clip footage, such as video footage from an officer’s dashcam, or body cam, is protected. This video footage is typically consistently removed after a certain period unless you ask for otherwise. Your defense attorney will have one of the most helpful understanding right into what can take apart a drunk driving charge. This includes challenging a blood alcohol test result to challenge a stop for a traffic violation.
Several of the inquiries your DUI defense lawyer will analyze consist of:
- Was the website traffic stop lawful?
- Were there difficulties with the field sobriety tests?
- Are the results of the field soberness tests in question?
- Are the chemical tests (breath, blood, or urine) accurate?
- Was your blood alcohol below 0.08?
- Did law enforcement officers break any rules in your arrest, such as falling short to read your Miranda rights or handling evidence appropriately?
- Can the State confirm you were driving?
Remember, the onus of proving the guilt of a driving while intoxicated arrest is on the prosecution. The prosecutor must prove your guilt without doubt, and there will be several possibilities for an Indiana DUI attorney to combat the charges. So it is essential to obtain a DUI lawyer in Indianapolis, IN, on your side as soon as possible to guarantee you do not give the prosecution even more of a head start than they need to have.
Look for Potential Weaknesses in Your Defense
In some cases, the State’s evidence is strong, and your opportunities of beating the arrest are slim, so finding a successful DUI defense can be a bit difficult. Because situation, it may be best to hope for getting a lighter sentence. Once more, your attorney is the best person to figure out whether your DUI defense has a possibility. A few of the questions you need to ask yourself are:
- What was the reason for the police officer to pull you over?
- Did the arresting policeman witness you driving the vehicle?
- Are the detaining policeman’s observations of their actions constant with others who may have observed your driving?
- When was the Breathalyzer test administered?
- How well were the FST’s administered?
- Was the officer that provided the FST correctly educated to do so?
Regrettably, in some locations, there are high conviction rates for OWI or DUI’s. A high number of drivers plead guilty without really understanding the consequences of a sentence leads to high state DUI conviction rates. A DUI conviction in some circumstances is synonymous with a lifetime mark of guilt that you must carry for the remainder of your life. Being convicted of a DUI can mean:
- High car insurance policy premiums
- Suspended licenses
- Hefty penalties
- Difficulty in obtaining employment
- Difficulty in obtaining certain kinds of financial assistance
- Difficulty in obtaining professional certain professional licenses
How to Provide the Most Successful DUI Defense
There are many different methods used in crafting a successful DUI defense, and hiring the right drunk driving lawyer for an Indianapolis DUI goes far in keeping a conviction from your record. Call the Indiana DUI defense lawyers at Gemma and Karimi at 317-602-5970 or email firstname.lastname@example.org speak with a skilled attorney for a Free DUI consultation as soon as possible.