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Indianapolis DUI Attorneys

Defense Against OWI Charges

Were you accused of driving your car while intoxicated? Several states commonly refer to driving under the influence as DUI, however, in Indiana when you operate a vehicle under the influence of alcohol or drugs you can be charged with Operating a Vehicle While Intoxicated (OWI). These charges might seem like something you can just ignore at first, but you shouldn’t. The outcome of the case could damage your livelihood if you lose your driving privileges. Can you keep your job if you can’t drive anymore? Ask yourself this question and others like it to understand just how important it is for you to defend yourself from the charges.

The Criminal Defense Team has more than 90 years of collective criminal defense experience to put to good use for your OWI case. Our DUI attorneys in Indianapolis know how to win difficult cases that would scare off other law firms. When you want to fight an OWI charge instead of just accepting it, you want us by your side.

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Call (317) 565-2221 or submit an online contact form. The sooner you act in your defense, the better.

Indiana BAC Limit

Indiana has a standard blood alcohol concentration (BAC) limit for adult drivers, which is set at 0.08. Once an adult driver’s BAC reaches 0.08 or exceeds it, then they are “legally intoxicated,” which means it is strictly illegal for them to operate a motor vehicle. Minors in Indiana are legally intoxicated if their BAC level is just 0.02, and commercial drivers are usually held to a BAC level of just 0.04.

You can also be charged with OWI if you don’t have a BAC limit of 0.08. This can happen if you have any alcohol in your system and drive unsafely or erratically.

Indiana DUI Penalties

The penalties for an OWI conviction in Indiana can be varied based on the circumstances of your arrest and your driving history. Some people will only face fines and a temporary license suspension for OWI. Others might end up in jail and lose their driving privileges indefinitely.

Possible penalties for an OWI conviction in Indiana can include:

  • Years in prison or up to a year in jail
  • Thousands of dollars in fines paid to the state
  • Loss of driving privileges

Remember: The ability to drive is a privilege that you must earn. It is not a right. This difference makes it easier for the state to stop you from driving, even for a first-time OWI.

Reasons for Enhanced DUI Sentencing

An OWI charge and the sentencing upon conviction can escalate or become “enhanced” for many reasons. The Criminal Defense Team in Indianapolis has the experience and insight required to handle complex OWI cases, including those that might end in enhanced sentencing.

OWI sentencing can be increased in Indiana if the criminal defendant:

  • Has a history of driving-related criminal convictions.
  • Injured someone in a OWI accident.
  • Knowingly committed the OWI with a minor nearby or in the vehicle.
  • Violated the conditions of their parole or community corrections placement.
  • Threatened harm to anyone who would report the OWI to the police.
  • And various other situations.

Fight for Your Rights & Driving Privileges

Don’t take an OWI charge sitting down. Stand up for yourself and your driving privileges today. The Criminal Defense Team and our Indianapolis lawyers would be honored to act in your defense. We can build a strategy to show the prosecution that it is not worth pursuing a claim against you, so you can get back to your normal life and leave this complicated situation behind you.

Talk to our OWI defense attorneys now by dialing (317) 565-2221.

OWI Defense FAQ

What is BAC?

BAC is short for blood alcohol concentration. It can be measured with various chemical tests (breath, urine, and blood). The result is used to determine if the driver is “legally intoxicated.”

Are field sobriety tests mandatory?

You are not legally required to take a field sobriety test (FST) if you are pulled over on suspicion of driving under the influence. There are no legal consequences for refusing this initial test.

Do I have to take a breath test?

Indiana law requires you to take a breathalyzer test or another form of chemical test to determine your BAC while stopped for OWI. If you refuse to take a breath test, then your license can be immediately suspended, even if you are completely sober.

Can I get charged if I wasn’t drunk?

Yes, you can be charged with a driving violation if you were not drunk or did not have a BAC level that exceeded the legal maximum. It depends on if you are driving unsafely and if you have had any alcohol at all that can be detected by a chemical test.

Can a passenger drink alcohol in Indiana?

It is illegal for a passenger to drink alcohol in Indiana, except for specific exceptions for certain commercial vehicles. The state has an open container law that makes it unlawful to drive with an open container of alcohol anywhere that can be easily accessed by the driver.

Can I represent myself in my drunk driving case?

Technically, yes, you have the right to represent yourself in a drunk driving case. However, it's generally not recommended. DUI/OWI cases can be complex and involve various legal and technical issues. A skilled Indianapolis DUI defense attorney will have knowledge of the laws, procedures, and strategies needed to navigate the legal system effectively and achieve the best possible outcome for your case. Representing yourself may result in mistakes that could lead to harsher penalties, fines, and a criminal record. It's highly recommended to seek the assistance of an experienced DUI defense attorney for the best possible defense and outcome in your case.

How long will my OWI case take to resolve?

The length of time it takes to resolve an OWI case in Indianapolis can vary depending on a variety of factors, including the complexity of the case, the court's caseload, and the availability of evidence and witnesses. Some cases can be resolved relatively quickly, while others may take several months or even years to reach a resolution. It's important to work with an experienced OWI defense attorney who can guide you through the legal process and work to resolve your case as efficiently and effectively as possible. Your attorney can provide a more accurate estimate of the time it may take to resolve your specific case based on the circumstances and details involved.

Will I lose my driver's license if I am convicted of DUI?

In Indiana, if you are convicted of DUI (Operating a Vehicle While Intoxicated, or OWI), your driver's license will generally be suspended. The length of the suspension depends on various factors, including your prior DUI history and the circumstances of your case.

For a first-time DUI offense in Indiana, your driver's license may be suspended for up to 180 days. However, if you qualify for and participate in a specialized program called "Specialized Driving Privileges" (SDP), you may be eligible to receive limited driving privileges during the suspension period. SDP allows you to drive for specific purposes such as work, school, medical appointments, and other essential activities.

For subsequent DUI offenses within a certain period of time, the suspension periods can be longer, ranging from one to ten years or even a lifetime suspension in some cases.
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  • Indiana Bar Association
  • NACDL
  • INDY Bar
  • Hamilton County Bar
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