Hamilton County DUI Attorneys 

If you’ve recently been arrested for drunk driving in Hamilton County, Indiana, you’re likely feeling overwhelmed and uncertain about what steps to take next. Navigating the complexities of a DUI arrest in Indiana can be daunting, but you don’t have to face it alone. At Keffer Hirschauer LLP, our dedicated team of Hamilton County DUI attorneys is here to help you understand your rights and fight for the best possible outcome. 

Led by two former FACT-team prosecutors, our firm offers a unique perspective that sets us apart. With extensive experience both prosecuting and defending Hoosiers charged with drunk driving, we possess an in-depth understanding of how DUI cases are typically handled in Indiana. This dual experience enables us to anticipate the prosecution’s strategies and craft defense approaches tailored to the specific circumstances of your case. Furthermore, our Indiana DUI lawyers know full well the serious implications a DUI conviction can have on your life, from hefty fines and license suspension to potential jail time. That’s why we’re committed to standing by your side, offering the knowledgeable and compassionate legal support you need during this challenging time. 

To begin addressing your recent DUI in Hamilton County, contact our firm today at 317-857-0160 or complete our online contact form to schedule a free consultation. Your defense is our priority.  

Drunk Driving Laws in Indiana 

In Indiana, driving under the influence (DUI) laws are stringent and comprehensive, designed to address various forms of impaired driving. If you’re caught operating a vehicle with a blood alcohol concentration (BAC) of .08% or higher, you can be charged with a DUI. It’s crucial to note that “operating a vehicle” encompasses not just cars, but also snowmobiles, scooters, bicycles, and even boats. This broad definition means that the laws apply to a wide range of situations beyond traditional vehicular traffic. 

Moreover, DUI charges in Indiana aren’t limited to alcohol impairment. If a person operates a vehicle with a Schedule I or II controlled substance, or its metabolite, in their blood, they can also face DUI charges. However, certain statutory defenses are available. For example, if the accused had a valid prescription for the substance and the person was neither intoxicated nor involved in a traffic accident, those factors may be used as part of a defense. 

The penalties for DUI offenses in Indiana are severe and vary based on the circumstances of the arrest. First-time DUI offenders typically face misdemeanor charges, which can range from Class A to Class C misdemeanors. However, several aggravating factors can elevate these charges to felonies. These factors include a high BAC, the presence of illegal drugs, having underage passengers, or causing serious injury or death to another person. Repeat offenses are treated much more harshly, reflecting the state’s commitment to deterring repeat DUI violations. 

Potential Penalties for a DUI in Hamilton County, Indiana 

In Hamilton County, Indiana, those convicted of drunk driving face a range of penalties, which vary based on the specifics of their arrest. For first-time offenders, the consequences might be relatively lenient. However, habitual traffic violators often encounter the harshest penalties. Understanding the potential outcomes is crucial for anyone charged with operating a vehicle while intoxicated (OWI). 

Indiana DUI Penalties	First-Time Offender	Second-Time Offender	Third-Time Offender
Probation	2-Year Maximum	2.5-Year Maximum	2.5-Year Maximum
Fines	$500-5,000	$10,000 Maximum	$10,000 Maximum
Jail Time	1-Year Maximum	3-Year Maximum	3-Year Maximum; if deemed a habitual vehicular substance offender, additional jail time of up to 8 years (see Indiana Code 9-30-15.5)
Courts Costs and Fees	$300+	$300+	$300+
License Suspension	2-year maximum	180-day minimum, 2-year maximum	If determined to be a habitual traffic violator, 5-year to lifetime license suspension (see Indiana Code 9-30-10)
Other Penalties	Mandatory substance abuse education; attendance at a victim impact panel; and random urine testing for drugs and alcohol	Mandatory substance abuse education; attendance at a victim impact panel; court-ordered community service; random urine testing for drugs and alcohol; felony conviction on your criminal record	Mandatory substance abuse education; attendance at a victim impact panel; court-ordered community service; random urine testing for drugs and alcohol; conviction of a Level 6 Felony on your criminal record

First-time DUI offenders in Indiana typically face lighter penalties, which might include probation, fines, and mandatory substance abuse education. These penalties are designed to deter future offenses while providing an opportunity for rehabilitation. However, as the severity of the offense increases—such as cases involving high blood alcohol concentration (BAC), the presence of minors, or accidents resulting in injury or death—the penalties become more stringent. 

For habitual traffic violators, the legal system imposes significantly harsher penalties. These can include longer jail sentences, substantial fines, extended probation periods, and more severe license suspensions. The intent is to protect public safety by deterring repeat offenses and ensuring that those with a history of DUI violations face consequences that reflect the seriousness of their actions. 

Regardless of whether you are a first-time offender or a repeat violator, it is essential to be aware of the potential consequences of a DUI charge. Navigating the legal system can be complex, and the stakes are high. This is where the expertise of Hamilton County DUI attorneys becomes invaluable. The DUI defense lawyers at Keffer Hirschauer LLP, with their extensive experience in both prosecuting and defending DUI cases, can provide the guidance and representation needed to achieve the best possible outcome. 

Driver’s License Suspension 

When a person is arrested for a DUI in Hamilton County, Indiana, they will likely have their driver’s license suspended for at least one year or up to ten years. That said, given the specifics of the case at hand, as well as the offender’s criminal and driving record, they may be eligible to apply for specialized driving privileges in Indiana. 

Under  Indiana Code 9-30-16-1, a person may have specialized driving privileges applied to their license suspension if (1) they held a driver’s license at the time of a criminal conviction involving a motor vehicle; (2) they have been convicted of operating a vehicle or boat while intoxicated; or committed an infraction of exceeding the worksite speed limit for the second time in a single year.   

In contrast, however, some individuals are NOT eligible for specialized driving privileges, including non-Indiana residents; a person who committed the offense of operation of a motor vehicle causing death; or a person whose suspension was a result of refusing a certified chemical test despite laws regarding implied consent in Indiana  (unless granted under Indiana Code 9-30-6-8(d)). In addition, specialized driving privileges are not available to individuals who have had their license or driving privileges have been revoked due to being found to be incompetent or unfit to operate a motor vehicle; reckless driving; or failure to stop when a school bus is stopped with its arm is extended. Finally, a person who had previously been granted specialized driving privileges and has more than one conviction for violating a condition of these privileges, and the violation involved serious bodily injury or death, is no longer be eligible for specialized driving privileges.   

When a person is facing a suspended Indiana driver’s license following a DUI arrest, they should elect to work with Hamilton County DUI attorneys that are skilled and experienced in helping clients obtain specialized driving privileges in Indiana. This will help ensure that no small mistakes are made when preparing or filing the petition; and, in the end, increase the petitioner’s chances of having some of their driving privileges restored. 

How to Fight Drunk Driving Charges in Indiana 

Facing a DUI charge in Indiana can have serious consequences. Here are some key defense strategies that our Hamilton County DUI attorneys often deploy when defending clients.  

• Improper Stop by Police: Police need reasonable suspicion to pull you over. Without valid reasons like swerving or driving without headlights, the stop might be considered improper and challengeable in court. 
• Improper Field Sobriety Tests: Officers must strictly follow protocols for field sobriety tests like the horizontal gaze nystagmus, one-leg stand, and walk-and-turn tests. Failure to do so can render the tests unreliable. 
• Blood Sample Issues: Blood samples must be properly collected, analyzed, and stored by trained professionals. Mistakes in this process, such as improper storage or labeling, can lead to the evidence being dismissed. 
• False-Positive Breathalyzer: Breathalyzer results can be affected by medical conditions, food intake, or device misuse. A false-positive result may be excluded from evidence under Indiana’s breathalyzer laws. 
• Lack of Probable Cause for Arrest: Reasonable suspicion alone does not justify a DUI arrest. There must be sufficient evidence from tests like the SFST or breathalyzer. Without probable cause, a DUI case may be dismissed. 
• Unreliable Police Testimony: If a police officer’s court testimony conflicts with the police report, an attorney can challenge the officer’s credibility, potentially leading to the case being dismissed. 

Contact our Hamilton County DUI Attorneys Today 

Given the complexities and serious consequences associated with DUI charges in Hamilton County, securing experienced legal representation is essential and can significantly impact the outcome of your case. The Hamilton County DUI attorneys at Keffer Hirschauer LLP bring a unique advantage to your defense. Our managing partners, Bradley Keffer and Tom Hirschauer, are both former deputy prosecutors who possess a deep understanding of both prosecution and defense strategies. This means they’re able to anticipate and counter the prosecution’s moves, providing you with a robust defense tailored to the specifics of your case. 

To better navigate the intricate legal landscape, contact our firm today at 317-857-0160 or complete our online contact form to schedule a free consultation. Whether you’re in Carmel, Fishers, or Noblesville, our criminal defense lawyers in Hamilton County will use their knowledge and experience to minimize the impact that this arrest has on your life and achieve the best possible resolution to the situation at hand.