Keffer Hirschauer Indiana Law Firm Logo
Search
Close this search box.
Keffer Hirschauer Indiana Law Firm Logo
put short code to menu here

Share this Article

Share this Article >

Noblesville DUI Lawyer

If you have been arrested or charged with a DUI in Noblesville, Indiana, it’s vital that you understand what’s at stake. A drunk driving conviction can pose a threat to your rights and your freedoms, and complicate other matters like your driving privileges and, if applicable, your professional license status. Given this, you’ll want to secure legal representation by the best Noblesville DUI lawyer to handle your case; ideally one who is well-versed in the intricacies of Indiana’s drinking and driving laws, and is exhaust all avenues in order to secure the best possible outcome in the case against you.  

The criminal defense team at Keffer Hirschauer LLP is led by two former Fatal Alcohol Crash Team (FACT) prosecutors and has received numerous accolades for our DUI defense services. Furthermore, our managing partners are both members of the National College of DUI Defense. This means they possess the necessary insight and experience to best protect your interests and your freedoms. 

If you’ve been arrested for a DUI in Noblesville, Indiana and would like to place your case in the hands of an experienced and trusted DUI defense attorney in Noblesville, contact Keffer Hirschauer LLP today at 317-751-7186 or complete our online contact form to schedule a free consultation We stand ready to begin working on your case and be your strongest defender during this otherwise difficult time.   

Looking for a Criminal Defense Attorney in Indiana? Call Keffer Hirschauer LLP Today.

The Basics of Indiana’s DUI Laws 

Indiana Code 9-30-5 outlines the basics of Indiana’s DUI laws. This area of the law specifies various drunk driving offenses, ranging in severity, from a Class C misdemeanor to a Level 4 felony, depending on the circumstances. 

According to Indiana Code 9-30-5-1, driving with a blood alcohol concentration (BAC) of 0.08% or higher can lead to a Class C misdemeanor charge. If the driver’s BAC is over 0.15%, the charge can be elevated to a Class A misdemeanor. Additionally, Indiana law also states that operating a vehicle in a way that endangers others can also result in a Class A misdemeanor DUI charge. 

There are several circumstances, under the drunk driving laws in Indiana, that may escalate a DUI charge to the felony level. These circumstances include the following:  

  • Level 6 Felony DUI 
  • Previous DUI conviction within the last 7 years 
  • Driver is over 21 years old and: 
  • Has a BAC over 0.015% with a passenger under 18 years old 
  • Endangers another person with a passenger under 18 years old 
  • Has a BAC over 0.08% and kills a law enforcement animal 
  • Level 5 Felony DUI 
  • Prior DUI conviction that resulted in death or catastrophic injury 
  • Prior DUI conviction that led to serious bodily injury 
  • Level 4 Felony DUI 
  • Driver with a BAC over 0.08% causing serious bodily harm and having a prior DUI conviction within 5 years 
  • Driver with a BAC over 0.08% causing death or catastrophic injury 

Potential Penalties for a DUI Conviction 

As is evident now, the Indiana DUI laws are stringent and impose severe penalties for drinking and driving offenses. Consequently, anyone arrested and charged with operating a vehicle while intoxicated in Indiana should promptly seek the assistance of an experienced DUI defense lawyer in Noblesville. A skilled attorney can represent the individual in criminal proceedings, strive to minimize the consequences, negotiate charge reductions, or even achieve a case dismissal. 

Misdemeanor DUI Penalties 

For the lowest level DUI charge, the potential penalties include a prison sentence ranging from 0 to 60 days; fines up to $500; and an Indiana driver’s license suspension for up to 60 days. That said, with the representation of a proficient attorney, many offenders manage to have their sentences suspended, resulting in Indiana probation and the granting of specialized driving privileges instead. It is important to understand, however, that penalties escalate significantly for those convicted of a Class A misdemeanor DUI, including: 

  • Up to 1 year in prison 
  • Fines up to $5,000 
  • Driver’s license suspension for one year 

Felony DUI Penalties 

Felony DUI charges under Indiana DUI laws come with even harsher penalties. Additionally, having a felony criminal record can have long-lasting repercussions, affecting one’s ability to obtain employment, housing, and financial aid. It may also restrict one’s ability to own and carry a firearm and pose a significant threat to an Indiana professional license.  

Sentencing Guidelines for Felony DUIs 

  • Level 6 Felony Penalties: 6 months to 2.5 years in prison; fines up to $10,000 
  • Level 5 Felony Penalties: 1 to 6 years in prison; fines up to $10,000 
  • Level 4 Felony Penalties: 2 to 12 years in prison; fines up to $10,000 

The DUI Process in Noblesville 

If you’re arrested for a DUI in Noblesville, Indiana, understanding the process can help you navigate the legal landscape more effectively. Here’s an overview of the key steps involved in a typical DUI case: 

  1. Traffic Stop and Arrest: The process usually begins with a traffic stop if an officer suspects you are driving under the influence. The officer may conduct field sobriety tests and request a breathalyzer test. If the results indicate impairment or operating above the legal limit, you will be arrested and taken into custody. 
  1. Booking and Initial Hearing: After your arrest, you will be booked at the local police station. This involves fingerprinting, photographing, and recording personal details. You’ll remain in custody until your initial hearing, typically held within 48 hours. You may, however, bond out of jail earlier depending on the circumstances of your case. During this hearing, the judge will read the charges against you and set additional bail conditions
  1. Hiring a DUI Defense Lawyer: It’s crucial to contact a Noblesville DUI lawyer as soon as possible. An experienced attorney can help you understand your rights, the charges against you, and the potential consequences. They will also begin crafting a defense strategy to minimize the impact on your life. 
  1. Pre-Trial Procedures: Your lawyer will represent you in pre-trial hearings, where they may file motions to suppress evidence, challenge the legality of the traffic stop, or negotiate plea deals. These hearings are critical in determining the strength of the prosecution’s case and can significantly influence the outcome. 
  1. Discovery Phase: During this phase, both the defense and prosecution exchange evidence. Your lawyer will review police reports, breathalyzer calibration records, and any video footage of the arrest. This thorough investigation helps identify weaknesses in the prosecution’s case. 
  1. Plea Bargaining: Depending on the evidence, your lawyer may negotiate a plea bargain with the prosecution. This could result in reduced charges or lighter sentencing. An Indiana DUI defense lawyer will work to achieve the best possible outcome, whether it’s a plea deal or preparing for trial. 
  1. Trial: If your case goes to trial, your attorney will present your defense, cross-examine witnesses, and challenge the prosecution’s evidence. The trial’s outcome will depend on the strength of both sides’ arguments and the jury’s or judge’s decision. 
  1. Sentencing: If convicted, sentencing will follow. The penalties vary based on the severity of the offense, prior convictions, and other factors. Sentences can include fines, jail time, community service, and mandatory alcohol education programs. 
  1. Post-Conviction Options: After sentencing, there may be opportunities for appeal or sentence modification. Your lawyer can advise you on the best course of action if you believe there were errors in your trial or new evidence has come to light. 

Navigating the DUI process can be complex and stressful, but with a knowledgeable DUI defense lawyer attorney by your side, you can effectively manage the legal challenges and work towards a favorable resolution. 

Strategies Deployed by a DUI Defense Lawyer in Noblesville, Indiana

When facing a DUI charge in Noblesville, it’s crucial to have a skilled drunk driving defense lawyer who can explore various defense strategies to protect your rights and aim for the best possible outcome. Here are some high-level strategies that a competent defense lawyer might employ: 

  • Questioning the Accuracy of Sobriety Tests: Field sobriety tests and breathalyzer tests are standard procedures in DUI cases, but they are not without flaws. Mistakes in administering these tests or malfunctioning equipment can lead to false positives. An experienced attorney can challenge the reliability of these tests by: 
    • Examining Test Administration: The defense lawyer will scrutinize how the sobriety tests were conducted. Law enforcement officers must follow specific protocols when administering these tests. Any deviation from the standard procedures can be grounds for questioning the results. 
    • Assessing Equipment Accuracy: Breathalyzer devices must be regularly maintained and calibrated to ensure accuracy. Your lawyer can request maintenance records and calibration logs to verify that the device used was functioning correctly. Any irregularities can cast doubt on the test results. 
    • Highlighting External Factors: Factors such as medical conditions, medications, and even environmental conditions can affect test outcomes. Your lawyer can present evidence of these external factors to question the test’s accuracy. 
  • Proving No Probable Cause for the Traffic Stop: For a DUI arrest to be lawful, the initial traffic stop must be based on probable cause or, in certain circumstances, reasonable suspicion. This means that the officer must have a valid reason to believe that a traffic violation or crime was being committed. If the stop was unjustified, any evidence gathered during the stop could be inadmissible in court. A Noblesville DUI Lawyer can: 
    • Review Dashcam Footage: Many police vehicles are equipped with dashcams that record traffic stops. Reviewing this footage can provide insights into whether the officer had a legitimate reason for the stop. 
    • Analyze Police Reports: The defense lawyer will carefully examine the police reports for inconsistencies or lack of evidence supporting probable cause. 
    • Challenge Illegitimate Stops: If it can be demonstrated that the officer had no reasonable grounds for the stop, the lawyer can file a motion to suppress any evidence obtained as a result, significantly weakening the prosecution’s case. 
  • Arguing for Lesser Penalties: In situations where a conviction seems likely, negotiating for reduced penalties can be a crucial strategy. A skilled defense lawyer can: 
    • Negotiate Plea Deals: The lawyer can work with the prosecution to reach a plea agreement that reduces the charges or penalties. This might involve pleading guilty to a lesser offense in exchange for lighter sentencing. 
    • Propose Alternative Sentencing: Instead of jail time, your lawyer might advocate for alternative misdemeanor sentencing options such as community service, probation, or participation in rehabilitation programs. These alternatives can help mitigate the long-term impact of a DUI conviction. 
    • Present Mitigating Factors: The defense can present evidence of mitigating circumstances, such as lack of prior offenses, good character, or efforts at rehabilitation, to persuade the court to impose a more lenient sentence. 

By employing these strategies, a Noblesville DUI Lawyer can effectively challenge the prosecution’s case, potentially leading to a reduction in charges or penalties, or even a dismissal of the case. Navigating the complexities of DUI defense requires a knowledgeable and proactive approach, and having a competent lawyer by your side can make a significant difference in the outcome of your case. 

Need to Speak with a Noblesville DUI Lawyer Today? 

If you’ve been arrested for drunk driving in Indiana, you likely feel quite overwhelmed right now. That’s to be understood, as this type of criminal offense can significantly impact your ability to drive and manage daily responsibilities. It’s essential to understand your rights and the potential defense strategies available to navigate this challenging situation effectively. With professional legal guidance, you can confidently approach your DUI case. 

The support of a proficient Noblesville DUI lawyer is crucial when facing DUI accusations. Choosing a lawyer who specializes in DUI matters ensures you avoid common pitfalls, such as misinterpreting the complexities of DUI laws or presenting your case inaccurately in court. This strategic approach significantly enhances your chances of achieving a favorable outcome. 

If you’re facing DUI charges in Noblesville, Indiana and need expert legal advice, contact the Indiana drunk driving lawyers at Keffer Hirschauer LLP today at 317-857-0160 or complete our online contact form to schedule a free consultation. Our firm is dedicated to helping you understand your options and defending your rights diligently. Let us help you navigate your DUI defense with professionalism and care, allowing you to focus on moving forward. 

Facing DUI Charges in Hamilton County? Learn more about how Keffer Hirschauer LLP Can Help Below:

Summary
Article Name
Looking for a DUI Defense Lawyer in Noblesville, Indiana?  
Description
This article breaks down the importance of hiring a DUI defense lawyer in Noblesville, Indiana.
Publisher Name
Keffer Hirschauer LLP

Topic Categories

More Topics