Driving Under the Influence in Indianapolis
What our DUI attorneys can do for you
Faced with a DUI conviction is a very scary situation. At the Indianapolis law offices of “Insert Attorney Name”, our lawyers will make sure your legal rights are protected. A DUI conviction can ruin your life and you need to make the correct choices now. Our attorneys understand how stressful a DUI conviction can be for you; we will guide you through the process and help you make the correct choices. Attorneys our DUI defense practice believe everyone deserves fair legal guidance and we know what steps to take to get you to a prompt and favorable resolution.
Even though each case in Indianapolis is different, our clients all have the same desire for a positive outcome. We will work hard for the dismissal or reduction of criminal charges against you.
Definition of DUI
In Indianapolis, drunken driving offenses are known as Operating a Motor Vehicle While Intoxicated. However, Indiana dui attorneys refer to these offenses as DUI. Driving under the influence of alcohol is a criminal offense. You will be found guilty of Operating While Intoxicated in Indiana if you drive while under the influence of alcohol or drugs that impair your mental faculties and the legal limit is.08 or greater BAC. Also, you can be arrested for Operating While Intoxicated just sitting in a vehicle without it moving.
Police Officers Search for
Most arrests occur at night and on the weekends. Police look for:
- Swerving
- Speeding
- Wide turns
- Appearing to be drunk
- Almost hitting another vehicle or object
- Weaving
- Stopping for no apparent reason
- Following too closely
- Drifting
- Braking too often
- Driving into oncoming traffic
- Slow response to traffic signals
- Headlights off
If you are stopped
If you are asked if you’ve been drinking, you should, in a polite manner, decline to answer the question until you speak to your attorney. Your right to an attorney comes into effect after you’ve been arrested or placed in custody. You can, however, give him your name, address, birth date, etc.
Tests
Field sobriety tests are considered “non-testimonial” and do not fall within Miranda rights. You do not have to take a field sobriety test. An experienced Indianapolis attorney will agree that it might not always be to your detriment to respectfully decline to this test. The field sobriety tests include:
- the horizontal gaze nystagmus – involuntary jerking of the eye
- walk and turn – heel to toe stance, arms down on sides
- one leg stand – holding other foot 6 inches off ground
Most Indianapolis attorneys will advice that refusing to take a chemical breath test is not a good idea. If you do not submit to such a test, you will receive a mandatory one-year license suspension, even if you are found not guilty at the trial. Your attorney will advise you that the implications of refusing to take a chemical breath test outweighs the benefits. Indiana law says that by having your name on an Indiana driver’s license, you are saying that if stopped for investigation of drunk driving, you will take a breath test.
Overview
Every year, Indianapolis DUI Attorneys see that the penalties for drunken driving offenses are increasing throughout. Offenses may result in:
- jail or imprisonment
- loss of driver's license
- large fines
- work release (working during the day, in jail by night)
- house arrest with electronic monitoring
- increased insurance rates
- possible installation of ignition interlock devices on vehicle
- scram alcohol monitoring devices attached to your ankle – placed on before finding a guilty verdict
Consequences
If you are convicted of DUI, the following are consequences you may face:
First Time Offenders:
- Jail - up to one year
- Can negotiate if you enroll in an alcohol evaluation and treatment program
- If program is completed successfully, charges could be dismissed
- You can only participate in the program one time
- Suspend driver’s license - you can receive up to 180 days for a conviction
- Or 1 year for failure to submit to a chemical or breathalyzer test
- This charge can be reduced upon the conclusion of your case
- Obtain a hardship license - go to and from work
- Fines - up to $5000
- Insurance rates will go up considerably or policy might be cancelled
Underage Offenders (first time):
- Same as above except
- License suspension will be for one year
- Blood alcohol concentration is .02% instead of .08% for an adult
- Insurance rates will go up considerably or policy might be cancelled
Commercial Drivers (first time):
- Same as above except
- CDL holders – BAC is .04%
- Insurance rates will go up considerably or policy might be cancelled
Second Conviction:
- Same as above plus
- Mandatory jail time
Third or More Conviction:
- Felony conviction
- No suspension
- Minimum of six months in jail
- Indiana’s Habitual Traffic Violator law – license suspension of five years, ten years, or for a lifetime
Felony DUI Charges:
- If an accident occurs or a death results from drinking and driving:
- Charged with a felony DUI – much stiffer penalties
In Conclusion
The attorneys at The Law Offices of “Insert Attorney Name”, have the knowledge to understand and protect your rights and your right to counsel (guaranteed by the 6th Amendment to the U.S. Constitution and Article 1, Section 13 of the Indiana Constitution). We can present a persuasive argument to a judge or jury.
Remember, decisions made in this case can affect the rest of your life. You are not alone; contact us immediately for expert counsel.