Tippecanoe County DUI Attorney
Getting arrested for driving under the influence (DUI) is stressful, and it can leave you wondering what will happen next. A Tippecanoe County DUI lawyer can help you understand the allegations, the court process, and potential penalties associated with an operating while intoxicated (OWI) or DUI arrest in Indiana.
Regardless of whether the charges involve alcohol, prescription medication, or illegal substances, prosecutors across Tippecanoe County aggressively prosecute OWI cases.
In Lafayette, West Lafayette, Battle Ground, Dayton, and throughout Tippecanoe County, even first-time DUI charges can impact your career, driving privileges, insurance rates, and reputation.
About The Criminal Defense Team of Baldwin Perry & Wiley, P.C.
At The Criminal Defense Team of Baldwin Perry & Wiley, P.C., our attorneys focus exclusively on criminal defense. We defend clients against misdemeanor and felony criminal charges across Indiana, including complex DUI and OWI cases.
At least two attorneys and a paralegal typically work on any serious criminal case. By allowing multiple attorneys to review the evidence and work on each case, our lawyers come at each issue from different perspectives. We also allow our attorneys to brainstorm defenses and pay exceptional attention to each client by spreading the caseload.
Collectively, our attorneys boast more than 100 years of criminal defense experience in Indiana. In addition, our team includes a former prosecutor who tried serious felonies and homicide cases as a deputy prosecutor in Tippecanoe County. Having worked in prosecution, our attorneys have firsthand knowledge of how prosecutors investigate and bring allegations.
Statewide, only six attorneys are Certified as Board-Certified Criminal Trial Specialists. Five of those six attorneys are at The Criminal Defense Team of Baldwin Perry & Wiley, P.C. Just as you would want a specialist and not a general practitioner to treat you for a serious medical condition, you should consider hiring an attorney who has elected to obtain the highest trial credential and has extensive experience trying cases.
Understanding DUI Allegations in Tippecanoe County
It is illegal to operate a vehicle while intoxicated by alcohol, controlled substances, or certain medications. Many people associate drinking and driving with DUI charges, but Indiana DUI or OWI charges can involve alcohol, marijuana, narcotic pain medications, and prescription medications.
Police rely on various sources of evidence during a DUI investigation. An officer may use your driving patterns, officer observations, field sobriety tests, chemical breath testing, or blood testing as part of their investigation. In some cases, investigators may use bodycam footage from the traffic stop or statements made during the stop as evidence against you.
DUI Laws in Indiana
Approximately 28 Americans lose their lives in drunk driving accidents each day. That is 10,000 individuals annually, or one individual every 52 minutes.
Indiana’s DUI laws can be found in Indiana Code § 9-30-5, which defines the crime of operating while intoxicated and associated penalties. Under Indiana law, a person can be charged with a DUI if a prosecutor believes they drove while impaired or if they drove with a blood alcohol concentration above the legal limit.
Potential DUI penalties include jail time or prison, probation, fines, court-ordered alcohol education or treatment, driver’s license suspension, ignition interlock device installation, and higher insurance rates. Some DUI convictions can impact your current employment, especially if you have a commercial driver’s license or professional license.
Implied Consent
Indiana has an implied consent law that affects anyone driving in Indiana. Indiana Code § 9-30-6 explains that by driving on Indiana roadways, a person implies they will submit to chemical testing if an officer has probable cause to believe they were intoxicated.
If you refuse to take a certified chemical test, your license will automatically be suspended. Refusal to take a chemical test can also be used against you in court. Because the implied consent law can affect your driver’s license immediately, it is one of the first issues you will want to address with your attorney.
FAQs
Can a DUI Be Dismissed in Indiana?
Yes. There are occasions where DUI cases in Indiana can be dismissed based on the facts and evidence of a particular case. Cases may be dismissed based on issues with the traffic stop, chemical testing issues, credibility of witnesses, or lack of evidence. Additionally, there are times when constitutional issues or mistakes made by the police or prosecutor can harm the state’s case.
What Is the Most Common Sentence for a First DUI in Indiana?
For many people charged with a first-time DUI offense in Indiana, the charge will be a misdemeanor. Depending on blood alcohol levels, prior history, and whether or not aggravating circumstances were present, prosecutors will often allow a first offense DUI to plead down to probation, fines, alcohol assessment/education classes, community service, and a temporary license suspension.
Jail time is possible, but not every first offense DUI carries jail time. The sentence will depend on the facts of each case.
What Is the New DUI Law in Indiana?
Updates to Indiana’s DUI statutes can occur frequently. These changes can pertain to penalties, ignition interlock devices, and dealing with impaired driving. Many of these adjustments have addressed subjects such as enhancements for repeat offenders, restricted driving privileges, and drug DUIs that involve controlled substances or prescription drugs.
Older laws can become outdated, so those who have been accused of a DUI may want to look over the most up-to-date laws that could apply.
How Long Does a DUI Stay on Your Record in Indiana?
A DUI conviction will stay on your Indiana criminal record and driving record for years. Some DUI convictions can be expunged in Indiana if the offense was of a low enough level and if you meet the requirements to seal a conviction. Not all DUI-related convictions can be sealed or expunged from your record. DUI convictions can also impact your insurance rates, employment, and future criminal sentences.
Hire a Tippecanoe County DUI Lawyer Today
If this is your first time being arrested for DUI, you likely have no idea what to expect from the criminal justice system. When you hire a DUI lawyer, it can help you understand the legal process and review the evidence against you. In some cases, your Tippecanoe County DUI attorney can assist you with driver’s license suspension issues and potential criminal penalties.
Our firm is honored to have five of the six Indiana lawyers who are Board Certified as a Criminal Trial Specialist. Not only does that allow us to provide you with experienced trial lawyers, but our firm has access to the most trial-trained lawyers in the state of Indiana. Contact us today for legal assistance.
*Andrew Baldwin, Kathy Perry, Kelly Pyle, Maxwell Wiley, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.