DUI Defense Strategies in Indiana  

Being arrested for a DUI in Indiana can be an overwhelming and stressful experience. The state’s strict laws and severe penalties for driving under the influence underscore the importance of understanding your rights and options. Fortunately, there are a handful of effective DUI defense strategies in Indiana that can be employed to contest the charges and potentially mitigate the consequences.  

This post will explore some of the most successful DUI defense strategies used by the Indiana DUI defense attorneys at Keffer Hirschauer LLP. From challenging the legality of the traffic stop to questioning the accuracy of sobriety tests, these tactics can make a significant difference in the outcome of your case. That said, whether you are facing a first-time DUI offense in Indiana or more serious charges, it is vital that you contact an attorney as soon as possible. This will provide your attorney with ample time to investigate your arrest and the seriousness of the charges, and begin crafting a sound defense strategy.  

To begin working with one of the leading drunk driving defense attorneys in Indiana, contact our firm today at 317-751-7186 or complete our online contact form to schedule a free consultation. Our drunk driving defense team is led by two former Fatal Alcohol Crash (FACT) prosecutors who fully understand Indiana’s DUI laws and leverage past experience to create dynamic and effective defense strategies tailored towards securing the optimal outcome for their clients.   

Indiana’s DUI Laws  

To protect the public and maintain safe roads for Hoosiers, the state of Indiana has implemented very clear DUI laws. For regular, everyday drivers, the legal limit for alcohol in Indiana is 0.08% BAC; and for commercial drivers, it’s 0.04%. On top of that, DUI’s are not just specific to alcohol; it also includes drugs and other substances, consumed without a valid prescription from a medical provider, that can impair your driving. 

When a person is pulled over under the suspicion of driving drunk in Indiana, police may use a few different methods to determine the validity of their suspicions. These methods include field sobriety tests and BAC tests using breathalyzers or blood samples; and while for many years conventional wisdom was to deny a breathalyzer or deny a blood test, that is not always the right decision. Under Indiana’s Implied Consent Law, citizens automatically consent to taking a chemical test, if law enforcement believe they may be under the influence; and those who refuse, can have their driver’s license suspended for a year. 

Potential Penalties for a DUI in Indiana 

For the least severe DUI charge, you could face up to 60 days in jail, a fine of up to $500, and a driver’s license suspension for up to 60 days. However, with a good attorney, many first-time DUI offenders in Indiana see their jail time suspended and are placed on probation with specialized driving privileges. 

Penalties increase for more serious offenses. A Class A misdemeanor DUI can result in up to 1 year in jail, fines up to $5,000, and a year-long Indiana driver’s license suspension.  

Felony DUIs carry the harshest penalties. Beyond the legal consequences, a felony record can affect your job prospects, professional licenses, housing opportunities, financial aid eligibility, and civil rights, including gun ownership. 

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. 

Five Effective DUI Defense Strategies in Indiana 

Drinking and driving in Indiana is a very serious crime, which means the penalties for a DUI can be quite severe. If you find yourself facing DUI charges, it’s crucial to contact a skilled DUI defense lawyer in Indiana right away. They can represent you in court, work to minimize the consequences, and aim to reduce or dismiss the charges against you.  

The criminal defense lawyers at Keffer Hirschauer LLP are led by two former Fatal Alcohol Crash Team Prosecutors, Bradley Keffer and Tom Hirschauer. Their extensive experience has enabled them to develop sound and effective DUI defense strategies aimed at minimizing potential penalties for their clients and securing the best possible outcomes. These strategies include arguing a lack of probable cause, challenging the legality of the search and seizure, questioning the legality of the traffic stop, and scrutinizing the accuracy and handling of blood samples and field sobriety tests. Their deep understanding of both prosecution and defense tactics uniquely positions them to navigate the complexities of DUI cases and vigorously defend their clients’ rights. 

Five DUI Defense Strategies Used by Our Indiana DUI Lawyers 

• Lack of Probable Cause: One of the most effective defenses is to argue that the officer did not have probable cause to make the traffic stop in the first place. If the stop was made without a valid reason, any evidence collected during the stop may be deemed inadmissible in court. 
• Illegal Search and/or Seizure: Another strategy is to challenge the legality of the search and seizure. If it can be proven that the officer conducted an illegal search or seizure, any evidence obtained as a result may be excluded, potentially weakening the prosecution’s case. 
• Improper Stop of Person or Vehicle: Defense attorneys may argue that the initial stop of the vehicle or person was improper. This can include questioning the validity of the traffic violation that led to the stop or proving that the stop was conducted in an unlawful manner. 
• Poor Maintenance of Blood Samples: Challenging the handling and maintenance of blood samples is another common defense. If there are issues with how the samples were stored, transported, or analyzed, it can cast doubt on the accuracy of the BAC results, potentially leading to a reduction or dismissal of charges. 
• Inaccurate Field Sobriety Test: Standardized Field Sobriety Tests in Indiana are not always accurate indicators of impairment. Defense attorneys can argue that the tests were improperly administered or that the results were affected by factors such as medical conditions, fatigue, or environmental conditions. By questioning the reliability of these tests, it may be possible to weaken the prosecution’s case. 

Limiting Collateral Consequences with the Help of an Attorney 

While a skilled drunk driving defense lawyer can help their client minimize their legal penalties, a truly skilled lawyer can help them limit their collateral consequences, as well.   

One significant area where an attorney can help is in obtaining specialized driving privileges. Losing your license can disrupt your daily life, making it difficult to get to work, school, or important appointments. A knowledgeable DUI lawyer can help you navigate the legal process to apply for specialized driving privileges in Indiana, allowing you to maintain some level of normalcy while your case is pending. 

Professional licensure is another critical area of concern. Many professions require a clean record, and a DUI arrest can jeopardize your standing. An experienced professional license defense attorney in Indiana can work with you to address these concerns, potentially negotiating with licensing boards or presenting your case in a way that minimizes damage to your professional reputation and career prospects. 

Finally, for those who are eligible, the expungement of a DUI criminal record can be a crucial step in moving forward. Expungement in Indiana can clear your record of the DUI arrest, making it easier to secure employment, housing, and other opportunities that require a background check. Your Indiana expungement attorney can guide you through the eligibility requirements and the legal process to pursue expungement, helping you to restore your record and your life. 

In short, the collateral consequences of a DUI arrest can be daunting, but they don’t have to define your future. By working with a top DUI attorney in Indiana, you can take proactive steps to limit these impacts and work towards a more positive outcome. Whether it’s securing a hardship license, addressing professional licensure issues, or pursuing an Indiana expungement, an experienced attorney is your best ally in navigating these challenges. 

Exploring Different DUI Defense Strategies in Indiana?  

When facing a DUI charge in Indiana, you need a defense team with the experience, knowledge, and dedication to protect your rights and future. The DUI defense team at Keffer Hirschauer LLP is uniquely positioned to provide this level of expertise. Led by former deputy prosecutors, our team has a deep understanding of both sides of DUI cases, allowing us to craft effective DUI defense strategies tailored to your specific situation. 

At Keffer Hirschauer LLP, we don’t just handle DUI defenses; we offer comprehensive support for all related matters. Whether you need assistance with professional license defense, are seeking to expunge a criminal record in Indiana, or require help obtaining specialized driving privileges, our team is here to guide you through the process with skill and compassion. Our goal is to minimize the impact of a DUI charge on your life and help you move forward with confidence. 

Choose Keffer Hirschauer LLP for your DUI defense, and let our experienced attorneys work tirelessly to secure the best possible outcome for you. Contact us today at 317-751-7186 or complete our online contact form to schedule a free consultation. We are ready discuss your case and start building your defense strategy.