DUI Lawyer in Indianapolis, IN

In general, the penalties for a first DUI offense in Indiana depend on how intoxicated the state alleges you were and whether your driving was so impaired that it put other people in danger.

• .08 to .15 BAC — When you’re convicted of an OWI with a blood alcohol concentration of .08 to .15, the offense is a Class C misdemeanor punishable by up to 60 days in jail and a fine of up to $500.
• .15 or Higher BAC — An OWI with a blood alcohol concentration of .15 or higher is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $5,000.
• Reckless Driving — When you drive under the influence, and your driving endangers other people, you may be charged with a Class A misdemeanor punishable by up to one year in jail and a fine of up to $5,000.
• Drugged Driving — Operating a vehicle under the influence of a controlled substance is a Class C misdemeanor punishable by up to 60 days in jail and a fine of up to $500. You might have a defense to a charge of OWI involving controlled substances if the substance was a validly prescribed drug.
• Under 21 — If you were under 21 and your BAC was .02 to .08, the offense is a Class C infraction with a fine of up to $500. Additionally, your driver’s license may be suspended for up to one year.

In addition to jail time and fines, you face suspension of your driver’s license for 90 days to two years on a first offense. You may be able to get probationary or specialized driving privileges, but that will depend on the circumstances of your charge.

An experienced Indiana OWI defense lawyer can review your case and explain whether probationary or specialized driving privileges might be an option for you.

If you are under the legal limit and are pulled over and charged with a DUI, understand that Indiana handles any underage DUI very seriously.

When you are convicted of a second or subsequent OWI within five years, you face felony penalties. As a Level 6 felony, a second DUI is punishable by six months to two and a half years of incarceration and a fine of up to $10,000. If your previous conviction was for an OWI that caused severe injury or death, the offense is a Level 5 felony punishable by one to six years in prison and a fine of up to $10,000.

When you drive with a BAC of .08 or higher, under the influence of drugs, or simply while intoxicated and cause another person serious physical injury, you can be charged with a felony in Indiana. It’s also important to understand that if you injure more than one person, you can be charged with separate felonies for each hurt person.

A first offense is a Level 6 felony punishable by six months to two and a half years of incarceration and a fine of up to $10,000. If you have a previous OWI conviction within the preceding five years, the offense is a Level 5 felony punishable by one to six years in prison and a fine of up to $10,000.

When you drive with a BAC of .08 or higher, under the influence of drugs, or while intoxicated, and cause the death of another person, you face severe felony penalties in Indiana.

The class of felony and possible penalties vary depending on when your offense was committed and your BAC. Additionally, you may be charged with a separate felony for each person killed.

• If you were 21 or older and caused death while your blood alcohol concentration was .15 or higher, the offense is a Class B felony punishable by six to 20 years in prison and a fine of up to $10,000.
• It is a Level 5 felony punishable by one to six years in prison and a fine of up to $10,000 if you have a previous OWI conviction within five years or were driving under an OWI driver’s license suspension or revocation.
• If you were 21 or older and caused death with a .15 or higher BAC, the offense is a Level 4 felony punishable by two to 12 years in prison and a fine of up to $10,000.

When you are at least 21 and commit an OWI offense with a minor in your vehicle under age 18 while your BAC is .15 or higher, or you drive in a way that endangers other people, you may be charged with a felony.

The class of felony and the possible penalties will depend on when your offense was committed and certain kinds of prior convictions.

Penalties for DUI With a Minor in The Vehicle

A first offense is a Level 6 felony punishable by six months to two and a half years of incarceration and a fine of up to $10,000. The offense is a Level 5 felony if you have a previous conviction within the preceding five years for an OWI causing severe injury or death.

A Level 5 felony may be punished with one to six years in prison and a fine of up to $10,000.

It is possible that your DUI charge could be invalidated if police fail to follow proper protocols and procedures or mistook your medical condition or nervousness as a sign of impairment.

It is also possible that the labs analyzing chemical samples make mistakes and break protocols and procedures that invalidate your samples. Should this happen, your OWI attorney may be able to get your DUI charges dismissed altogether.

In other cases, you may need to be prepared to enter into a plea agreement. This may be in your best interest if you have had multiple DUI convictions in the past or if you have a substance abuse issue and would benefit more from getting treatment.

Your Indianapolis DUI attorney will help you prepare for all the potential outcomes in your case. That way, you won’t get caught off guard and can make educated and informed decisions about your defense.

You have the right to refuse or to require a law enforcement officer to obtain a search warrant to take an involuntary sample. However, there are consequences for a refusal that may include suspension of your driver’s license for one year on a first offense or two years if you have a previous OWI conviction on your record.

A certified DUI test is performed at a police station by someone certified to administer breath tests or at a hospital by someone qualified to draw your blood and must be done within three hours of your arrest.

A certified breath test is different from a handheld portable breathalyzer test that an officer may want to administer when they pull you over, which is not a certified chemical test.

You are not required to submit to a portable breath test, and if you do, the results can’t be used as evidence of your OWI — but can be used to establish that the officer had probable cause for your arrest.

An officer also may want to administer roadside field sobriety tests such as the walk-and-turn test or one-leg stand test, in which the officer will try to test your motor skills and coordination to determine if you’re impaired.

You are not required to submit to the field sobriety tests, and there are no consequences for your driver’s license for refusal.

If you submit to an OWI test and are over the legal limit, it isn’t a foregone conclusion that you’ll be found guilty. There are several ways that a qualified Indiana OWI lawyer may be able to challenge the results and help you keep your driver’s license.

Yes. Your license will be suspended if you refuse to submit to chemical alcohol testing or are arrested for drunk or impaired driving. The length of time it will be suspended can vary depending on your prior criminal record and other aggravating factors. If the charges are dismissed, the Indiana Bureau of Motor Vehicles will be able to reinstate your driving privileges.

No, you cannot. Indiana does not recognize “wet reckless” charges. This may be possible in other states that allow drunk driving to be reduced to a reckless driving charge. However, your attorney may be able to negotiate with the state to obtain a more favorable outcome in your case.

If you were on probation at the time of your arrest, your probation officer might find that you have violated the terms of your probation. This means that you may have your probation revoked and be forced to serve the rest of your previous sentence. This is in addition to the DUI charges you will face because of this most recent arrest.

It is possible that you could spend time in jail if you are found guilty of drunk driving. Even first-time offenders are at risk for as much as 60 days in jail. Deferred adjudication may be possible depending on the details of your case. For this reason, you must get a DUI attorney to advocate for your future.

Public defenders may be too busy to give your DUI case the attention it deserves. Though qualified, they are often overwhelmed by caseloads that don’t allow them to defend their clients adequately. With a private DUI lawyer at Hessler Law representing you, you can trust that your defense strategy is our top priority.