INDIANAPOLIS DUI LAWYER


Charged with OWI/OVWI/DUI?

Take Action Now To:

  • Avoid Jail Time – Depending on the nature of the charges and your criminal background, you may be not be required to serve any additional days in jail.

  • Determine Diversion / Dismissal Eligibility – Depending on the county, crime, and your criminal background, you may be eligible for a Pre-Trial Diversion, which would result in a dismissal of the criminal charges filed against you.

  • Determine License Suspension / Hardship License / Specialized Driving Privileges Eligibility– Find out if and how long your license may be suspended.  Also, determine if you are eligible to receive Specialized Driving Privileges (Hardship License), which may allow you to drive to work, school, church, medical appointments, and court hearings.

  • Evidence Issues ​- If law enforcement improperly stopped you, failed to comply with the many requirements to conduct a proper DUI investigation, or improperly obtained your breath or blood sample, you may be able to challenge and exclude all or part of the evidence being used against you at trial.

  • Plea Bargain Options – Contact a skilled negotiator to learn about potential plea bargains and how you can minimize the impact of a DUI on your life, career, and finances.

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The Support You Need

Being charged with a crime can feel overwhelming. With Avnet Law as your representative, we will fight with you for the best possible outcome in any case.  We will evaluate all potential defenses, including dismissals, diversions, and challenging the evidence.

The Defense You Deserve

Our firm can be an invaluable partner that will work for your best interests in this difficult time. A conviction can mean disastrous consequences for your future. Avnet Law was built on the commitment to providing legal excellence, frequent communication with clients, and aggressive representation.

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We take pride in our commitment to providing excellent service to our clients.  Our high-ratings on Google and other sites reflect our commitment to making frequent communication with our clients a priority, quickly responding to client questions about the status of their case, the law, and court procedure.

Knowledgeable Indianapolis DUI Lawyer in Central Indiana

Avnet Law understands that an OWI/DUI involving drugs or alcohol is a serious offense. The fines, costs, and penalties that are associated with an OWI/DUI are serious, but not as severe as second and third OWI/DUI convictions. In fact, if you are convicted of more than one DUI, your chances of serving jail time increase significantly. You need to call an experienced Indianapolis DUI Lawyer today at 877-772-8638!

What are the penalties for a DUI/OWI/OVWI in Indiana?

The charges for a DUI in Indiana range from a Class C Misdemeanor to a Level 4 Felony. There are fact-specific situations that will determine what level of offense you can be charged with for DUI.  You should speak to an Indianapolis DUI Lawyer to determine the charges that may be applicable to your case.  Some of the factors that determine the level of the charges are:

  • The amount of alcohol in your blood or your system. You know this as the blood alcohol concentration (BAC). This can be in either your breath or your blood.

  • The presence of any illegal drugs or their metabolites in your system. We discussed this in greater detail in a previous article.
  • Prior convictions for a OWI/DUI within the last 7 years (this was changed from 5 years to 7 years in 2019).

  • If there are underage passengers in your vehicle when you are arrested.
  • If you are involved in an accident that caused death, catastrophic injury, or serious bodily injury.
Indianapolis DUI Lawyer

Sentencing Guidelines for OWI/DUI convictions in Indiana:

Level Sentence Range (Min. – Max.) Advisory Sentence Potential Fine
Level 4 Felony 2 years – 12 years 6 years $0 – $10,000
Level 5 Felony 1 years – 6 years 3 years $0 – $10,000
Level 6 Felony 6 months – 2.5 years 3 years $0 – $10,000
Class Sentence Range Potential Fine
Class A Misdemeanor 0 Days – 1 year $0 – $5,000
Class C Misdemeanor 0 Days – 60 Days $0 – $500

Probation & Community Corrections

If convicted of an OWI/DUI in Indiana, you may be required to undergo one or more of the following in addition to jail time OR instead of jail time.  Every criminal case is different and it may depend on the county or court in which your criminal case is pending.  Speak to an experienced Indianapolis DUI Lawyer to determine which of the following may be applicable to your case.

  • Probation, to include random urine screens for alcohol or drugs
  • Substance abuse evaluation and treatment, if it’s required
  • Community service
  • Required attendance at a victim impact panel
  • Payment of court costs and fees
  • Driver’s License Suspension
  • Negative effects on your immigration status

An experienced Indianapolis DUI lawyer can help you navigate these difficult issues. For a more detailed and specific analysis of your OWI/DUI case, call us today. It’s extremely important that you get a skilled Indianapolis DUI lawyer involved in your case as soon as possible.

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(877) 772-8638

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FIRST TIME DUIs & SUBSEQUENT DUIs

Each DUI case is different and has its own unique circumstances. Also, each county in Indiana may handle OWI/DUI cases differently. Some counties allow OWIs/DUIs to be through a diversion program or a Title 12 deferral while other counties will not. A pre-trial diversion program (also called a diversion) includes paying a fee and completing specific requirements of the program. These can include mandatory classes and community service. The benefit of a diversion is once you successfully complete the program, your OWI/DUI case is dismissed. You should contact an Indianapolis DUI lawyer to find out if you are eligible for a diversion or a Title 12 deferral.

In addition, the severity of the penalties increase with prior convictions for OWI/DUIs.  Below is an example of some of the differences in penalties depending on the number of prior OWI/DUI Convictions.

FIRST TIME DUI IN INDIANA

  • Fines up to $5,000

  • Jail term for one year
  • A maximum term of probation for 2 years
  • Random drug and alcohol urine screens while on probation
  • Driver’s license suspension from minimum of 60 days to a maximum of 2 years

  • Court costs and fees that can exceed $300
  • Required Substance Abuse Evaluation and Treatment
  • Mandatory attendance at a victim impact panel

SECOND DUI IN INDIANA

  • Fines up to $10,000
  • Jail term up to 3 years
  • A maximum term of probation for 2 and a half years
  • Random drug and alcohol urine screens while on probation
  • Driver’s license suspension for a minimum of 1 year and a maximum of 2 years

  • Required Substance Abuse Evaluation and Treatment
  • Court costs and fees that can exceed $300
  • Mandatory attendance at a victim impact panel
  • Community Service
  • A felony conviction on your record

THIRD DUI IN INDIANA

  • Fines up to $10,000

  • Jail term up to 3 years
  • A maximum term of probation for 2 and a half years
  • Random drug and alcohol urine screens while on probation
  • Driver’s license suspension for a minimum of one year and a maximum of 2 years

  • Required Substance Abuse Evaluation and Treatment
  • Court costs and fees that can exceed $300
  • Mandatory attendance at a victim impact panel
  • Community Service
  • A felony conviction on your record
  • Being designated as a Habitual Traffic Violator that can result in several years of a driver’s license suspension
  • Additional charge of Habitual Vehicular Substance Offender charge that carries a minimum of one year and a maximum of 8 years in prison

INDIANA CHEMICAL TESTING AND IMPLIED CONSENT

What is Implied Consent?

When you signed up to get your license in Indiana, you agreed that you will submit to chemical testing if requested by a law enforcement officer. This includes when you are stopped by a law enforcement officer and the officer has probable cause to believe that you are driving under the influence of alcohol or drugs. Typically, an officer will ask you if you consent to taking a certified chemical test.  This is a test usually taken at the Police station with a properly certified breathalyzer machine, not the portable breath test (PBT) given at the scene of the stop.   If you refuse the certified breath test, even if you take the PBT,  the officer will read the implied consent law from a card which states the penalty for refusing. If you refuse after being read the implied consent law, the penalty will likely result in your license being suspended for one year.

This license suspension will be for two years if you have a prior conviction for OWI/DUI. Even more problematic is that refusal suspension automatically disqualifies you from being eligible for specialized driving privileges (SDP) in Indiana.  This is what most people know as a Hardship license.  If your license is suspended and you need to drive to and from work, day-care for you children, or other essential travel, you can ask the court to grant you Specialized Driving Privileges.  However, refusing to take a chemical test has serious consequences, including the loss of the right to seek specialized driving privileges, and you should contact an Indianapolis DUI lawyer to discuss your rights.

What is Chemical Testing?

Certified Chemical Testing typically comes in the form of a Chemical Breath Test. This is the large machine at the jail or police station that measures your BAC. Basically, you blow into the machine and it measures your level of intoxication based on your breath. This is not to be confused with the small hand-held Portable Breath Test (PBT) that the officer typically gives you on the side of the road!

Clients often wonder how the State will prove their intoxication if they refuse the Chemical Breath Test how? The answer is through a search warrant for your blood as the officers will apply for a warrant to draw blood if a refusal is given. The process for obtaining a warrant to draw blood, urine, or other bodily fluids for alcohol testing has increased over recent years. In fact, officers can now obtain telephonic or electronic search warrants to expedite this process.  You should contact an Indianapolis DUI Lawyer immediately to schedule an initial consultation to discuss these issues.

DEFENSES TO INDIANA DUI LAWS

It can be extremely difficult to defend against a OWI/DUI and you should contact an experienced Indianapolis DUI lawyer to review your case.

Generally, challenging the initial stop of the vehicle can be the first step in defending against an Indiana DUI. By successfully challenging the stop, you increase your chances of any further evidence of intoxication being deemed inadmissible at trial.  Police officers are not allowed to just stop a vehicle because they have a “gut instinct” that a driver is intoxicated. Instead, the police officer will need to justify the decision to stop a vehicle based on “reasonable suspicion” that a driver may be intoxicated.  However, a stop can be based on the police officer simply witnessing a driver violate any of the Indiana traffic laws.

Another potential defense for OWIs/DUIs in Indiana are improperly conducted Field Sobriety Tests (FSTs). FSTs are nationally recognized tests that have a specific procedure and must be conducted in accordance with the prescribed standards. Some police officers have not received the proper training on conducting FSTs, and you should speak with an Indianapolis DUI lawyer to determine if this applies in your case.

Also, the chemical breath machine that you blow in to (the one at the jail or police station, not the PBT) needs to meet certain requirements. There are several factors that need to examined to ensure the results of the machine are admissible in court. For example, it needs to be properly serviced, it has to be calibrated, and the operator of the machine needs to be certified, just to name a few.

Finally, any blood, urine or other bodily fluids must be collected in accordance with specific procedures and protocols.  Another potential defense to OWI/DUIs in Indiana arises if those procedures and protocols were not followed when your sample was collected.

We recommend you immediately consult with an experienced Indianapolis DUI Lawyer to review the specific facts of your case.

Contact Us for a Free Consultation!

(877) 772-8638

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SCHEDULE A FREE CONSULTATION WITH AN INDIANAPOLIS DUI LAWYER TODAY!

While we have provided some information regarding OWIs/DUIs in Indiana on this page for information purposes, this is NOT a substitute for speaking with a qualified Indianapolis DUI lawyer.

Avnet Law understand the issues and can advise clients regarding the laws and procedures surrounding OWIs/DUIs in Indiana.  Avnet Law represents clients in criminal cases in Indianapolis, the surrounding counties, and throughout central Indiana.

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