Indianapolis DUI Attorneys

How Do You Find the Right Indiana DUI Lawyer?

Drunk driving is an offense that carries very serious consequences in Indiana and one of the most common criminal charges to occur statewide. These offenses are officially called “operating a vehicle while intoxicated” but are commonly referred to as OWI or DUI offenses. Those charged and convicted can easily find themselves with restricted driving privileges, significant fines, and even jail time. When you need an experienced Indiana DUI lawyer to fight for you and your best interests, call Keffer Hirschauer LLP to benefit from the experience of former FACT prosecutors.

The Seriousness of Indiana DUI Laws

The charges following an arrest for OWI in Indiana can range from Class A to C misdemeanor to felony levels. Several factors affect the level of offense charged and the related Indiana DUI penalties:

• The blood alcohol concentration (BAC), indicating the amount of alcohol in your system (breath or blood)
• The presence of illegal drugs in your system
• Previous convictions for OWI in Indiana or elsewhere
• The presence of underage passengers in the vehicle at the time of the arrest
• An alcohol-related accident that results in the serious injury or death of another person or a law enforcement animal

Like many other states, Indiana DUI penalties become more severe with repeat offenses. However, even a first-time misdemeanor charge can have consequences that can turn the life of an otherwise law-abiding citizen upside down.

It is important that you contact an experienced Indiana DUI lawyer as soon as possible after your arrest so the process of gathering evidence and preparing a defense for OWI in Indiana can begin.

Defining OWI in Indiana

The offense of operating while intoxicated sounds simple, but it’s not as straightforward as it sounds. The main elements are:

• The operation
• Of a motor vehicle
• While intoxicated

The first element, “operating,” is not clear-cut. Indiana law defines the “operator” of a motor vehicle as someone who operates a motorized vehicle on land or water. But you don’t necessarily have to be operating the vehicle when the police stop you in order to be “operating” the vehicle. Direct or circumstantial evidence that you operated the vehicle, while intoxicated, is enough for a conviction. So, for example, if you’re intoxicated, sitting in the vehicle in a lane of traffic, and the keys are in the ignition, you may be convicted for OWI even if you were asleep.

Your level of intoxication or BAC is also a key element of the offense:

• A BAC of .08 percent but less than .15 percent is a Class C misdemeanor
• A BAC of .15 percent or higher is a Class A misdemeanor

For commercial drivers, the allowable BAC is even lower—a commercial driver cannot operate a commercial vehicle with a BAC of .04 percent or higher.

Refusing a blood alcohol concentration test will not save you from an OWI charge. Under Indiana’s implied consent law, refusal to submit to a BAC test results in an automatic license suspension for one year. And the State can seek a warrant of probable cause to obtain the BAC test anyway.

Other factors that may elevate the offense higher than a Class C misdemeanor include:

• Having a passenger under 18 years old if you are at least 21 years old
• Causing serious bodily injury
• Causing the death
• Killing a law enforcement animal

Because a conviction depends in large part on the facts of each case, you need an Indiana DUI lawyer early in the process to protect your rights.

Each situation is unique, and individuals involved in different circumstances—from first-time offenders to habitual traffic violators —face a variety of different penalties. It is important for those charged with OWI offenses to know the possible consequences. Indiana DUI penalties for an intoxicated driving offense may include the following:

Indiana DUI Penalties for a First-Time Offender

• Probation for up to two years
• Fines between $500 and $5,000
• Jail term up to one year
• Payment of court costs and fees in excess of $300
• License suspension for up to two years
• Mandatory substance abuse education
• Attendance at a victim impact panel
• Random urine testing for drugs and alcohol

Indiana DUI Penalties for a Second-Time Offender

• Probation for up to 2.5 years
• Fines up to $10,000
• Jail term up to three years
• Payment of court costs and fees in excess of $300
• License suspension for a minimum of 180 days up to 2 years
• Mandatory substance abuse education
• Attendance at a victim impact panel
• Court-ordered community service
• Conviction for a felony on your criminal record

Indiana DUI Penalties for a Third-Time Offender

• Probation of 2.5 years
• Fines up to $10,000
• Jail term up to three years
• Payment of court costs and fee in excess of $300s
• License suspension up to ten years (if determined be a habitual traffic violator)
• Mandatory substance abuse education
• Attendance at a victim impact panel
• Adjudication as a habitual traffic violator under Indiana Code chapter 9-30-10, which can result in a license suspension ranging from five years to life
• Charges of habitual substance offenses under Indiana Code chapter 9-30-15.5, which can carry additional jail time of up to eight years
• Conviction for a Class D Felony (or Level 6 Felony) on your record

An Indiana DUI lawyer can also help with the collateral consequences of a DUI conviction. A license suspension is regularly a mandatory part of Indiana DUI penalties. Other consequences, like alcohol or substance abuse education, probation, or even the installation of an ignition interlock device in your vehicle may also be applicable. For more specific information on what penalties your OWI charge could yield, call us to speak with a knowledgeable Indianapolis DUI defense attorney today.

And for commercial drivers, conviction affects your ability to earn a living because you can lose your CDL for one to three years.