DUI/OWI Laws in Indiana
Operating While Intoxicated (OWI) is a serious offense in Indiana, and it carries significant legal consequences. We understand the complexities of OWI cases and provide expert legal representation to individuals facing such charges. Our experienced attorneys are well-versed in Indiana OWI laws and will guide you through the legal process, ensuring your rights are protected every step of the way.
Indiana OWI Defense
In Indiana, driving under the influence (DUI) is commonly referred to as “operating while intoxicated” (OWI). A person can be convicted of an OWI if the they were operating a vehicle and they have a BAC or blood alcohol level of 0.08% or if they were operating with a schedule I or II controlled substance or its metabolite present in their body.
The penalty for a first offense is a Class C Misdemeanor. It can be enhanced to a Class A Misdemeanor if the driver had a BAC of 0.15% or more, or drove a vehicle in a manner that endangered another person. An OWI can also be enhanced to a Level 6 Felony if the driver had a prior OWI conviction or caused injury to another person.
OWI convictions in Indiana can also result in severe penalties, including: Fines and court costs; License suspension; Probation; Mandatory alcohol education or treatment programs; Community service; Potential jail time. Penalties may increase based on prior convictions and aggravating factors. There are also potential collateral consequences such as difficulty securing or maintaining employment, particularly in positions that require a clean driving record or involve operating a vehicle.
At our law firm, we follow a structured process to handle OWI cases effectively. Our process involves the following steps:
Evaluation and Consultation: We begin by evaluating your case during a thorough consultation, where we discuss the details of the incident and gather relevant information.
Investigation: Our team conducts a comprehensive investigation, collecting evidence, reviewing police reports, and analyzing any available video footage or witness statements.
Defense Strategy: Based on the gathered information, we develop a strong defense strategy tailored to the unique aspects of your case.
Negotiation and Advocacy: We engage in negotiations with prosecutors, aiming to reach a favorable outcome through plea agreements or alternative resolutions. If necessary, we are prepared to vigorously advocate for you in court.
Guidance and Support: Throughout the process, our attorneys provide guidance, answer your questions, and provide updates on the progress of your case.
A Comprehensive Guide to Indiana OWIs: Protect Your Rights with Vining Legal.
Common Issues in an Indiana OWI Case / How an Attorney can Help
Being charged with an OWI can present various challenges and complexities. Some common issues that arise include:
Challenging the accuracy of field sobriety tests and breathalyzer results.
Field sobriety tests and breathalyzer results are commonly used by law enforcement to establish probable cause for an OWI arrest. However, these tests are not foolproof and can be subject to inaccuracies or errors. Our experienced attorneys thoroughly evaluate the administration and interpretation of field sobriety tests to identify any flaws or improper procedures that may have influenced the results. We also scrutinize breathalyzer maintenance records, calibration procedures, and operator training to challenge the accuracy and reliability of breathalyzer results. By highlighting any potential deficiencies, we aim to weaken the prosecution's case and raise doubts about the validity of the test results.
Examining the legality of the traffic stop and whether probable cause was established.
To initiate an OWI arrest, law enforcement must have a valid reason to conduct a traffic stop and establish probable cause for the arrest. Our attorneys meticulously examine the circumstances surrounding the traffic stop to determine if the officer had reasonable suspicion or probable cause to pull you over. If we find that the stop was conducted without a legal basis or that the officer failed to establish sufficient probable cause for the arrest, we can challenge the legality of the traffic stop. Successfully proving a violation of your Fourth Amendment rights can lead to the suppression of evidence and potentially the dismissal of your OWI charges.
Evaluating the reliability and admissibility of evidence presented by the prosecution.
In an OWI case, the prosecution relies on various types of evidence, including police reports, witness testimonies, chemical test results, and other documentation. Our skilled attorneys thoroughly evaluate the reliability and admissibility of this evidence. We scrutinize the collection methods, chain of custody, and potential contamination issues to identify any weaknesses that can be exploited during trial. If we can successfully challenge the reliability or admissibility of key evidence, it can significantly impact the prosecution's case and strengthen your defense.
Navigating administrative license suspension hearings and potential ignition interlock requirements.
Following an OWI arrest in Indiana, you may face a drivers license suspension. Our attorneys have extensive experience navigating license issues and will provide strong representation to protect your driving privileges. We will guide you through the process, help you prepare for the hearing, and present compelling arguments to challenge the suspension. Additionally, if your driving privileges are suspended, we can assist you in understanding and complying with any potential ignition interlock device requirements, ensuring you meet the necessary obligations to reinstate your driving privileges.
OWI Court Process
The OWI court process in Indiana involves several stages, and having skilled legal representation is crucial to achieving the best possible outcome. Our attorneys will guide you through each phase, including the initial arrest, arraignment, pre-trial hearings, and, if necessary, trial proceedings. We will develop a robust defense strategy, challenge the evidence presented against you, and ensure that your rights are protected throughout the legal proceedings.
Ready to Get Started?
We offer competitive pricing and are ready to help out with your OWI case today.
Indiana OWI Defense
We represent people who are facing an OWI charge in Indiana. This includes representation from the initial hearing to dealing with licensing issues and potentially trial. We offer flat fees and payment plans for this representation.
FAQs
How do I get started?
Send an email to nathan@nathanvining.com to let us know you’d like to get started and we will send you everything you need to fill out and start the process! You an also schedule a call through the link at the bottom of the page.
Does it matter where I live?
We practice throughout the State of Indiana and can help you no matter where you are. The process we follow is the same no matter where you live.
How long does the process take?
The timeline can vary depending on several factors and depends upon what issues are present in the case. I would expect a typical OWI case to take anywhere from 90 days to 12 months.
What are the potential penalties for an OWI conviction in Indiana?
If convicted of an OWI (Operating While Intoxicated) in Indiana, the potential penalties can vary depending on factors such as the blood alcohol concentration (BAC), prior convictions, and any aggravating circumstances. The penalties may include fines, probation, mandatory alcohol education programs, community service, and even imprisonment. Additionally, an OWI conviction can result in a significant impact on your driving record, insurance rates, and future employment opportunities.
How long will my driver's license be suspended if I am convicted of an OWI?
The duration of driver's license suspension for an OWI conviction in Indiana depends on various factors, including the number of prior offenses and the circumstances surrounding the offense. Generally, for a first-time OWI offense, the license suspension can range from 60 to 180 days. Repeat offenses may result in longer suspension periods. It's important to consult with an attorney who specializes in OWI cases to understand the specific implications and potential options for minimizing the impact on your driving privileges.
Can I challenge the results of a breathalyzer or field sobriety test?
Yes, it is possible to challenge the results of a breathalyzer or field sobriety test in an OWI case. Breathalyzer results can be influenced by various factors, including calibration issues, improper administration, or medical conditions that may affect the accuracy of the test. Field sobriety tests can also be subject to interpretation and may not always provide conclusive evidence of impairment. An experienced OWI attorney can review the circumstances surrounding the tests, evaluate the validity of the results, and challenge their admissibility in court if necessary.
Will an OWI conviction impact my insurance rates?
Yes, an OWI conviction is likely to have a significant impact on your insurance rates. Insurance companies generally consider OWI convictions as high-risk behavior, which can result in increased premiums or even policy cancellation. It is important to discuss the potential insurance implications with your insurance provider to understand the specific impact on your coverage and explore any available options for mitigating the consequences.
Call or Text for Consultation.
You may have questions for us and we will have questions for you. Our goal is to understand your whole story so that we can give you the answers you’re looking for. Through a consultation with our firm you will receive information about what laws impact your situation, what you can be proactively doing to make a difference in your case, as well as what you can expect through the court process. You can call or text us now at (317) 279-5668 to talk to an attorney. You can also schedule a meeting at a time that works for you.