Search for Indiana OWI Defense Attorneys by County
- Anderson
- Shawn Ramsey:
Your Constitutional Rights Are Paramount.
- Bloomington
- Chapman & Nelson:
OPERATING WHILE INTOXICATED (OWI)
The legal limit in Indiana is .08% Blood Alcohol Content. If you are
arrested for an OWI, you may be requested to take a breathalyzer test.
Refusal to take the breathalyzer test will result in an automatic one
year suspension of your driver’s license. However, you should
respectfully decline to answer questions and to perform any dexterity
tests unless you are certain that you can test under the legal .08%
limit.
- David Schalk:
If you have been accused of drunk driving, and you don't believe you
were intoxicated or you want an analysis of the State's evidence
against you, you should contact an attorney. If you signed a plea
agreement, it may not be too late to change your plea to "Not Guilty.".
If you didn't sign anything, all the better. Remember, even old
convictions are subject to challenge.
A conviction for operating a motor vehicle while intoxicated entails
both criminal penalties and mandatory license suspensions. The criminal
penalties and license suspensions become increasingly severe as the
number of offenses increase. For example, a 90-day license suspension
is typical for first time offenders, but three convictions within five
years of one another results in a mandatory 10-year suspension.
It is legal to drive while feeling the effects of alcohol, provided
that the driver is over 21 years of age, is not legally intoxicated,
and does not have a blood alcohol content (BAC) greater than 0.08.
Being caught driving while intoxicated does not automatically lead to a
conviction. Cases must be dismissed if the arresting officer did not
have a reasonable basis for suspecting a driver is intoxicated. For
example, pulling someone over just because he is leaving a tavern is
not considered reasonable, and should not lead to a conviction even if
the driver turns out to be drunk. It is up to the driver's attorney to
file the appropriate motions. Indiana Code Section 9-30-2-2 requires
judges to throw out drunk driving cases if the arresting officer is not
in uniform or in a marked car.
- Sam Shapiro:
There are three basic offenses for Operating While Intoxicated
Operating while Intoxicated,
Operating with a .08% or greater breath or blood alcohol and
Operating with .15% or greater breath or blood alcohol.
- Booneville
- Dawnya Taylor:
You should consult an attorney for individual advice regarding your own situation.
- Carmel
- Stark Law Offices:
Drunk driving offenses in Indiana are commonly referred to in a number
of ways. Although the legal language for such offenses in Indiana is
Operating a Motor Vehicle While Intoxicated, Indiana dui attorneys
commonly refer to these offenses as Indiana dui or drunk driving
offenses. These terms have become more the standard language that
people have come to associate with drunk driving offenses in Indiana.
In Indiana, driving under the influence of alcohol is a criminal
offense. As Indiana DUI attorneys, we recognize the need to make one
aware that such a criminal charge is more than a mere traffic
infraction that can be paid by a simple fine.
Indiana DUI Attorneys see that with each passing year the penalties and
punishments for drunk driving offenses are increasing throughout the
State of Indiana.
An Indiana dui lawyer understands that such an offense may result in
potential jail or imprisonment, loss of driver's license, fines, and a
variety of alternative punishments ranging from work release (working
during the day, in jail by night) to house arrest with electronic
monitoring. In addition, as Indiana DUI attorneys we know to advise
that although the courts might not enact such punishment, the Indiana
Bureau of Motor Vehicles and/or your insurance company may use a
conviction or even an arrest for such an offense as a basis to increase
your insurance rates.
More recently, Indiana DUI attorneys have had to fight the more
widespread imposition of ignition interlock devices installed on
automobiles and such contraptions as scram alcohol monitoring devices
attached to the ankles of individuals accused of dui offenses, even
before a finding of guilt.
- Campbell Kyle Proffitt:
The criminal justice process includes pre-trial plea negotiations and
the discovery process, bench and jury trials, sentencing,
post-conviction relief and appeals.
- Corydon
- Ann Walsh:
Justice is conscience, not a personal conscience but the conscience of the whole of humanity. Those who clearly recognize the voice of their own conscience usually recognize also the voice of justice.
- Crown Point
- Tony Zirkle:
When a loved oneÊisÊinvolved in a DUI / DWI in Indiana, it is important that the lawyer (attorney) you hire is an experienced lawyer (attorney) handling DUI / DWI cases in Indiana.
- Christine Ventura:
If you are charged with DUI or OWI in Indiana, you have short period of
time approximately one week to request a hearing to challenge the
suspension of your license. If you do not request the hearing within
the time limit, your license will automatically be suspended.
- Paul Stanko: "DUI"
is short for Driving Under the Influence. It is shorthand that most
people understand, but strictly speaking "DUI" is not a crime in the
State of Indiana. "OWI", Operating While Intoxicated is a crime, as are
certain so-called per se offenses related to having certain levels of
alcohol in one's blood or breath, or controlled substances in one's
blood.
- Gojko Kasich:
In my mind, there is no other criminal act that has caused so many
state legislatures to pass so many laws whittling away at a driver's
rights than the offense of driving while intoxicated. If you are
convicted one of this offense in Indiana, in addition to any criminal
penalties assessed, the Court SHALL recommend suspension of your
driving privileges for at least 90 days and up to two (2) years.
- Dyer
- Donald Wruck:
Driving under the influence, or Driving while intoxicated, is the term
for alcohol-related driving behavior. It is responsible for nearly 1/3
of all traffic deaths in this country. Many of these impaired drivers
are repeat offenders and all can cause a heavy burden of death and/or
injury to themselves and to innocent drivers, passengers, and
pedestrians.
Anyone who causes an accident while driving under the influence of
alcohol or another substance is considered negligent. Unfortunately,
this is of little comfort to someone who has sustained injuries or lost
a loved one in an alcohol-related accident. The driver convicted of DUI
has the liability to pay for all damages, but may not be the only
person considered negligent or liable. Those who provided the alcohol
may also be considered negligent and liable for damages. Many states
have laws which impose liability on bars, clubs, restaurants, or hotels
which supply liquor improperly. In such cases, a business is expected
to exercise due care and not to serve anyone who is obviously drunk.
Even someone outside of such a business may incur liability for
supplying liquor to a driver who subsequently had an accident, injuring
or killing others. The host of a party may be liable in some states if
he continues to allow a guest to imbibe after it is obvious the guest
is under the influence.
- Elkhart
- William Cohen:
You should consult an attorney for individual advice regarding your own situation.
- Evansville
- Gerling Law:
Because criminal law cases can often be complicated and specific rules and procedures must be followed to ensure a fair trial, the criminal justice system is best dealt with by experienced criminal defense lawyers. For your best interest, a lawyer should be involved in your case from the very beginning, before the initial interrogation if possible. When arrested, you have the right to consult an attorney before you say anything. From this point on, one of the most important things the criminal defense lawyer at our law offices in Evansville can do for you is to uphold the legal rights you have as a defendant.
As a defendant in a criminal case, you have the following rights:
Right to Remain Silent
You have the right to not incriminate yourself by choosing whether or not to testify on your own behalf.
Right to a Speedy, Public Jury Trial
Defendants in felony or serious misdemeanor cases have the right to a speedy, public jury trial, while defendants of other misdemeanor cases have the right to a trial with a judge. At this trial, the defendant is presumed innocent and can only be convicted of the crime if the prosecutor can convince the jurors that the defendant is guilty beyond a reasonable doubt. It is the job of the defendant, and his or her criminal defense lawyer, to show that the prosecutor cannot prove guilt.
Right to Confront Witnesses
The defendant and the defendantÕs criminal defense lawyers have the right to have witnesses testify in court on the defendantÕs behalf. In addition, defendants have the right to cross-examine witnesses who testify against them. Cases may be dismissed if any witnesses fail to appear in court.
Right to Produce Evidence
Defendants have the right to present evidence in court and have the court issue subpoenas to bring witnesses and evidence into court.
Right to Not Be Tried Twice for the Same Offense (Placed in Double Jeopardy)
Defendants are protected from being put on trial more than once for the same offense. However, defendants can be charged for the same crime in both state and federal courts if some aspect of the conduct violates both federal and state laws.
Right to Adequate Representation by Criminal Defense Lawyers
Defendants have the right to be represented by an attorney, and if the defendant cannot afford an attorney, one will be appointed by a judge. However, if the defendant is poorly represented by his or her attorney, the resulting verdict may be thrown out.
- Fishers
- Sean Clapp:
Being charged with a criminal misdemeanor or felony is a serious and sensitive matter
- Ft. Wayne
- Matthew Williams:
Many people run into problems with the law because of drunk-driving charges, called OWI in Indiana and DUI or DWI elsewhere. While drunk-driving charges are quite common, they are also very serious. An Indiana drunk-driving conviction will go on your criminal record, and it will also cause your insurance rates to increaseÑsometimes drasticallyÑand it is difficult to have itÊremoved from your record in the future.
A second OWI within aÊcertain period of time, or other factors,ÊcanÊturn your misdemeanor into a felony charge.ÊDefendants often face long-term loss of their driverÕs licenses if they are designated as a Habitual Traffic Violator (HTV).ÊAdditionally, some defendants face home detention, jail or prison time, or even AADP, where they must take the Antabuse pill, in order to maintain their liberty.
A drunk-driving conviction is costly in the short-term as well, in court fines, fees, and mandatory classes. It pays to work with an experienced Indiana drunk-driving lawyer if it is at all possible to avoid getting that first (or any subsequent) drunk-driving conviction.
- Nordmann Law Offices:
Failing a blood alcohol test or refusing to submit to a test in Indiana warrants an automatic driverâs license suspension for one year. In addition, enhanced restrictions apply for habitual DUI offenders. If you have been charged with drunk driving or any other crime, do not hesitate to contact a criminal defense attorney who can fight for your rights.
- Miller, Arnold & Terrill:
Many people ask what the difference is between OWI and DWI and other
nicknames given to drunk driving offenses.æ The truth is, in the State
of Indiana, all drunk driving laws are called OWI or Operating a
Vehicle While Intoxicated.æ There are several ways to be charged with a
misdemeanor OWI offense. First, a person can be charged with operating
a vehicle while impaired by alcohol.æ Such an offense is a Class C
Misdemeanor.æ If the government also claims that you were a danger to
persons on the roadway because of the impairment, then you can be
charged with a Class A Misdemeanor.æ Notice that none of these charges
requires a breath test result.æ The government would only be required
to prove that you were in fact impaired or intoxicated.
- Bowman & McEntee:
The busiest Court in Allen County is Misdemeanor and Traffic Division,
and it is the most likely place for one's first encounter with the
justice system even for a the typical law-abiding citizen. Most persons
are not prepared for such an experience ...
- Arata Law Firm: Even if you believe your situation provides
the prosecutor with a "slam dunk" case against you, an experienced
DUI/DWI attorney will be able to examine your case and make challenges,
where appropriate. The critical elements of a DUI/DWI conviction must
be proved.
- Charles Rathburn:
Many times drivers pay their tickets without ever contacting an
attorney or even the prosecuting attorney. In most cases there are
alternatives to admitting the ticket as charged. Your driving history
will likely determine what alternatives are available to you. You
should never pay a ticket without first speaking with an attorney to
see if there are any options available to you.
- Greenfield
- David Murphy:
Being arrested can be an unsettling experience. Any arrest is a serious
matter, and you should always consult with an attorney. You need an
experienced criminal defense lawyer to help protect you rights.
- Griffith
- Breclaw, Harris & Taylor: Certain terms need to be
defined in order to understand the charge of OWI. Indiana defines a
"vehicle" as "a device for transportation by land or air." Thus, a
"vehicle" may include everything from a motorbike to a semi. The term
"intoxicated" basically means under the influence of alcohol, drug, or
a combination, so that a person is significantly impaired and
dangerous. A blood-alcohol content of ".10%" is not part of the legal
definition of "intoxicated."
- Hammond
- Hebron
- Highland
- Best, Jeffrey:
DUI, DWI, OUI and OUIL are all terms for driving drunk (drunk driving) at or above a certain level of alcohol. Well over a million drivers (1.5) are arrested for driving under the influence of alcohol and drugs in the United States every year. Even though all states have lowered blood alcohol levels to .08, every state has its own laws and consequences for driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI) or operating under the influence of liquor (OUIL).
In addition to drunk driving being a criminal matter (court matter and a crime) it is also an administrative matter pertaining to the drivers license (immediate, mandatory and automatic license suspension). Immediate driver license suspension laws for alcohol-impaired drivers, refers to administrative per se (APS), automatic license revocation (ARL) or on-the-spot license suspension laws. These laws are different for each state and each one has it own automatic license suspension consequences.
License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they`ve been found to be more effective than traditional post-conviction sanctions. Forty-one states and the District of Columbia have administrative license suspension laws.
Thirty-seven states permit some offenders to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver`s breath and disable the ignition if the driver has been drinking. In 22 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.
- Cappas & Associates:
If you have been charged with a felony or a misdemeanor, where do you turn for strategic, capable defense?
If you believe youÕve been unfairly charged, how can you be sure you have the most reliable, aggressive legal team fighting for justice in your case?
- Highline
- Barbara Shaver:
You should consult an attorney for individual advice regarding your own situation.
- Indianapolis
- Jeffersonville
- Knox
- Richard Ballard:
In order for a court to consider evidence presented in a case, the
evidence must be properly presented to the court for admission.
Presentation of evidence may be undertaken in a variety of ways.
- Lafayette
- Gibson, Bret:
1. Expungement: The Myth. Many college students mistakenly believe they can have misdemeanor convictions, or Diversion Agreements, expunged from their criminal record after a period of good behavior. This is not true. If you plead guilty, or enter a Diversion Agreement, your arrest records cannot be expunged.
2. Expungement: Indiana Law. Arrest records can only be expunged if a) no criminal charges are filed following an arrest or b) criminal charges are dropped because of mistaken identity, no offense was in fact committed, or there was an absence of probable cause.
3. Why Representing Yourself can be a Mistake. College students frequently represent themselves in misdemeanor criminal cases and unknowingly waive valid legal defenses. They also frequently fail to appreciate the consequences of guilty pleas and do not understand that Diversion Agreements cannot be expunged. Many alcohol-related offenses can also result in the suspension of driving privileges by the Bureau of Motor Vehicles.
- McCoy, Earl:
A DWI is a very serious matter. You should not try to handle such a DWI case without an attorney.
You should also know that a DWI conviction stays on your criminal record forever. A DWI conviction also stays on your Indiana Driver`s Record for 10 years and counts toward Habitual Traffic Violator status. This means if you acquire two more major traffic violations within ten years of this conviction you will lose your license for up to 10 years as a Habitual Traffic Violator.
DWI convictions as class A misdemeanors or higher also count toward Habitual Substance Offender status. If a person has two prior substance related offenses on their record, their possible sentence will be enhanced by up to 8 additional years in prison and the sentence may be non-suspendable.
- Gregg Theobald:
...defends individuals charged with criminal offenses. From OWI / DUI
charges and drug crimes to white collar crimes like securities fraud
- Patrick Harrington:
Is the breath machine 100% accurate?
No. The machine is only a piece of equipment, and like all equipment,
is not 100% accurate. An experienced OWI lawyer can explain how this
machine works and advise you if the proper procedures were followed.
Indiana law requires the police to strictly follow the procedures or
else the test results may not be used in court.
- Lawrenceburg
- Zerbe,
Zerbe & Garner: If you are facing drunk driving or drug charges,
you need an experienced criminal defense attorney making sure your
constitutional rights are protected.
- Merrillville
- Marce Gonzalez: Traffic
violations can have serious consequences such as loss of driving
privileges, and increase in insurance. A DUI/DWI/OWI conviction may
result in loss of license, possible jail time, fines and court costs.
Defenses may exist in your case to challenge your arrest or the breath
test results.
- Dale Allen:
The first line of defense is to challenge the reason that you were
stopped. There are bad stops! There are many things that you need to do
before appearing in front of a judge.
- Lowe, Webster & Lowe:
OWI (DUI / DWI) - If you are arrested and convicted of operating a
motor vehicle while intoxicated (OWI), also known as driving under the
influence of alcohol (DUI), driving while intoxicated (DWI) or drunk
driving, the consequences could be quite severe and you need a
competent and experienced attorney to represent you. Your license
and/or freedom is not one of those luxuries that should be taken for
granted. You need someone who can raise all the valuable defenses or,
if necessary help you to avoid the severe consequences that can come
with a conviction. For repeat offenders, there are more severe
penalties including extended jail time, license suspension or
revocation, and felony criminal convictions.
- Mishawaka
- Mooresville
- Roscoe Stovall:
In many courts, serving time in jail is typically required if you are
convicted. Repeat OWI offenses almost assure this. The legislature has
become increasingly strict with these cases, and has established
systems and procedures to "streamline" the process.
- Morgan County
- Steven Litz:
If you've been charged with drunk driving, or operating while intoxicated,Êyou face an enormous risk.Ê You risk going to jail or prison, losing your license, being on probation, and spending thousands of dollars in fees.Ê You need a lawyer who knows the ins and outs of drunk driving law, a lawyer who is one of the few in the entire State who has been certified to give the same field sobriety tests the police give (and which they usually do incorrectly), a lawyer who will resolve your case in the best possible way for you--either through plea negotiations or preparing for trial, a lawyer who will not charge you an arm and a leg to apply his expertise on your behalf.
- Muncie
- Joseph Davis:
What are the PER SE Blood Alcohol limits in Indiana?
A BAC of .08 to .15 is a Class C misdemeanor, while a BAC of .15 or
greater is a Class A misdemeanor. The BAC levels vary accordingly:
Adult drivers over 21 - .08, Under-21 drivers - .02, and commercial
drivers - .04.
- New Albany
- Stanley Robison:
Have you or a loved one been charged with a crime? Choose a lawyer who is not afraid to fight to protect your rights. Choose a lawyer who knows the research and preparation that needs to go into a criminal law case. Choose a lawyer with experience that speaks for itself.
- George A. Streib Jr.:
*
Were your rights violated?
*
Was proper police procedure followed?
*
Was any evidence against you collected through illegal search and seizure?
*
Were you held too long after being charged?
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Do some of the statements against you simply not add up?
- Noblesville
- Adler Law Office:
You should consult an attorney for individual advice regarding your own situation.Ê
- Raymond Adler:
Whether you are facing a misdemeanor such as a traffic offense,
including drunk driving, or a more serious felony charge, you will need
an attorney with criminal law experience to protect your rights.
- Richmond
- Arnold Law Office:
It is important that you speak with an attorney before accepting any plea agreements. Police and prosecutors do not have your best interests in mind.
- Thomas Kemp: A
driver's license is one of the most important tools an individual has
in our fast-paced society. Driving is also one of the most expensive
things we do in our lives. Legal troubles involving your license can
cost money, they can also costs jobs and impose hardships on your loved
ones.
- Rising Sun
- Lane Siekman: "DUI" is short for Driving Under
the Influence. It is shorthand that most people understand, but
strictly speaking "DUI" is not a crime in the State of Indiana. "OWI",
Operating While Intoxicated is a crime, as are certain so-called per se
offenses related to having certain levels of alcohol in one's blood or
breath, or controlled substances in one's blood.
- Schrererville
- Shelbyville
- James Lisher:
If you have been arrested or charged with a crime, it is important to
get legal advice at the first opportunity. Before answering any
questions or making a statement to the police, contact a criminal
defense attorney.
- South Bend
- Jon Criss:
The biggest concern of most people charged with DWI / OUI is getting their driver's license back and staying out of jail.
- Jay Lauer:
You should consult an attorney for individual advice regarding your own situation.
- Terra Haute
- Valparaiso
- Phillips, David:
Operating while intoxicated (OWI), also known as Driving Under the Influence (DUI) or Driving While Intoxicated (DWI), is a serious offense that can result in the suspension of your driver's license as well as fines and, possibly, jail time. You have the right to defend yourself.
- Millbranth & Bush:
If you or your loved one has been issued a citation, charged by
information, indicted by a Grand Jury, and/or arrested, you need an
experienced criminal defense attorney to protect your rights and defend
you.
- Westfield
- Stoesz & Stoesz:
Have you been charged with a crime and want to fight back? Did the police search you, your car or your home without probable cause? Are you looking for an aggressive, experienced criminal defense lawyer who knows how to negotiate a good plea bargain? Do you want a seasoned jury trial criminal defense lawyer?
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