DUI Rights in Indiana – Indiana OWI Help
Being stopped and arrested for DUI or DWI in Indianapolis, Fort Wayne, Bloomington, Evansville, or anywhere in Indiana can have serious consequences that come along with being convicted. Even first time DUI offenders can expect harsh penalties including fees and court costs of $300 or higher, an additional monetary fine of up to $5,000, jail time up to one year and a minimum license suspension of 30 days. With these punishments on the line, it is important to have your case evaluated right away.
DUIRights.com will evaluate the specifics of your unique case and evaluate all of the evidence to help build a strong defense. Studies show that an individual’s rights are violated during a DUI arrest more often than not. Although this does not mean the individual is innocent of the crime, it does mean their legal team will have some additional leverage to use against the prosecutor when the case goes to trial. This is why it is so important to have proper representation during a DUI conviction case.
Knowing If Your Rights Were Violated
Do you know what your rights are? Would you be able to tell your attorney exactly how the arresting officer violated these rights? Chances are, many people cannot do this. In order to know if your rights were violated to use this evidence for your case your legal counsel will likely ask you a series of question in order to get a better picture of what happened during the arrest. Some of these questions include:
- Was there probable cause for the officer to conduct a traffic stop? Did you violate any driving laws or exhibit drunk driving behavior behind the wheel?
- Did the officer witness you driving the vehicle? Was the vehicle moving when the officer conducted their traffic stop?
- Were you offered the chance to do a field sobriety test? How was this test administered? Did inclement weather, such as rain or snow, affect the outcome of the test?
- Were you given a Breathalyzer test? How soon after your last alcoholic beverage was the test administered? Did the officer know how to properly administer the test?
- Were the arresting officer’s observations during the traffic stop and arrest the same as any witnesses who were present?
- Were your Miranda Rights recited?
These answers will let your attorney know right away if any of your rights were violated.
The DUI laws in the Hoosier state have become extremely strict and unfair in some circumstances. Indianapolis police have used strict crackdowns on zero tolerance while driving under the influence. Sometimes these inaccurate judgments are used against you even if you were safely driving and showing no signs of impairment. This is a hefty price to pay for a flawed system of determining someone’s driving ability. Whether it be from an inaccurate breathalyzer or a field sobriety test conducted in bad weather; you can prove these technicalities in an Indiana courtroom.
Protect your rights and learn how to get your Indiana OWI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation form to get the answers you need.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed.
If you rely solely on a DUI public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. With our help, we will show you the easy to understand steps needed to get your Indiana OWI charges dismissed effectively and take back the control of your situation by being equipped with the information and representation to win your case.
DUI Laws in Indiana
While not requiring an ignition interlock device (IID) installation until the third offense, all other penalties and fines for convictions are among the toughest in the country. Also referred to as an OWI in this state, DUI first time offenders can expect to have the book thrown at them.
Consequences for Refusing to Take Chemical Tests in Indiana
Indiana has an implied consent rule in place so while you can refuse to take a requested chemical test, you will face fines and suspensions:
- First offense – one-year license suspension
- Second offense – two-year license suspension
- Third offense – two-year license suspension
BAC Levels in Indiana
Indiana BAC levels are consistent with most other levels in the United States.
- Drivers that are 21 years or older, .08 percent
- Drivers under the age of 21, .02 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI or OWI in Indiana?
Indiana has mandatory laws in place that require jail sentences to be issued for all offenders:
- First time offenders – sentences ranging from 60 days to one year
- Second time offenders – sentences ranging from five days to three years
- Third time offenders – sentences ranging from ten days to three years
Indiana does have a lookback period, but manages it a bit differently than other states. It uses a two-period system looking back both five and ten year periods.
Monetary Fines and Penalties for DUI or OWI in Indiana
Maximum fines for all violations are among the highest in the country:
- First offense – fines ranging from $500 to $5,000
- Second offense – mandatory $10,000 fine
- Third offense – fines up to $10,000
License Suspension for DUI or OWI in Indiana
Once again, Indiana offers a significant suspension to first time offenders and a possibility of up to ten years for a repeat offenders:
- First offense – may have license suspended for a period up to two years
- Second offense – suspension from 180 days to two years
- Third offense – minimum suspension of one year and a maximum of ten years
IID installation is not mandatory until the third offense.
Reasons to Hire an Indiana DUI Attorney
Being charged with DUI is embarrassing, frustrating, and expensive. Most people are not skilled enough to defend themselves against a DUI charge in court so they must hire attorneys. If a DUI offender is indigent, the court will appoint a public defender, a lawyer who tends to do a mediocre job defending a DUI case. If this leads to a conviction, the defendant must pay hundreds to thousands of dollars in fines, temporarily give up driving, and may even have to spend time behind bars.
There is a better way to deal with a DUI charge without spending too much money. It involves hiring a DUI attorney and working together to uncover errors made during the car stop, field sobriety test, or chemical testing. The lawyer exposes these mistakes when presenting the case in court, forcing the judge to acknowledge that some doubt exists regarding the defendant’s guilt.
Ultimately, the judge may reduce the charges, exchange some harsh penalties for more lenient ones, or throw out the case. If there is no doubt that the defendant was driving under the influence of alcohol, the DUI lawyer may still be able to get penalties reduced through a plea-bargain. In either situation, the defendant is in a much better position with this special legal representation than without it.
Finding a DUI or OWI Attorney in Indiana
DUI lawyers are not assigned by the courts but must be sought out by DUI offenders. They work in private practices but some of them collaborate with DUIRights.com, making it easier for potential clients to find them. All it takes is a visit to DUIRights.com and submission of a brief online form. Our experts will locate the best Indiana DUI lawyer who will reach out to discuss the situation.
Being arrested for DUI is stressful but finding the best lawyer does not have to be. DUIRights.com reduces the time and effort it takes to locate a DUI attorney. Best of all, the DUI lawyers working with us offer free case evaluations at no charge. This helps drivers charged with DUI in Indiana learn about their options without spending a penny.
As we have been alluding today throughout, Indiana treats all DUI or OWI convictions harshly, but is extremely hard on first time offenders. With a plea of wet reckless a possibility, you may want to hire an attorney to see if he or she can help you plead to lesser charges so you do not face these penalties and fines. If you are arrested and charged with a DUI or OWI in Indiana, you can submit your case for a free evaluation and find a licensed, local attorney by visiting DUIRights.com