- Anderson
- Shawn Ramsey:
Your Constitutional Rights Are Paramount.
- Bloomington
- Booneville
- Dawnya Taylor:
You should consult an attorney for individual advice regarding your own situation.
- Columbus
- Loheide, Benjamin:
Criminal Law
Family Law
Divorce
- Carmel
- 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
- 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.
Known by many names, a drunk driving offense or a DUI, DWI, and OWI charge, can have a long-term effect on your life, impacting your finances, mobility and your freedom. Criminal charges for first, second, and third time offenders can include:
1st offense: Loss of license from 30 days-2 years; fine from $250-$5000
2nd offense: Loss of license; 5 days jail time or 80 hours of community service
3rd offense: Loss of license for life; jail time
- Evansville
- Fishers
- Hansen, Larry:
DUI/DWI
The consequences of DUI, DWI and OWVI are influenced by your age, blood alcohol content (BAC), prior criminal history and whether you caused injury or death during the operation of a vehicle. Although you are under no obligation to perform any standardized field sobriety test, you are obligated to take a chemical test if the officer finds probable cause.
- Sean Clapp:
Being charged with a criminal misdemeanor or felony is a serious and sensitive matter
- Franklin
- Roesener, Andrew:
An arrest for drunk driving or operating under the influence can lead to many problems in your life. If convicted, you can face heavy fines, driver's license suspension, increased insurance rates, and possible jail time. First offenders and repeat offenders both face serious penalties for drunk driving, and will benefit from the advice and counsel of a lawyer to defend their rights.
Drunk driving defense is different from other types of criminal defense. It requires significant understanding of technical issues and constantly changing case law. The legal issues are often related to breath testing technology and involve blood alcohol levels, certification procedures for law enforcement, certification for the breath test machine, and an understanding of proper administration of field sobriety tests.
Each county must have proper certification to show that the results of the breath test machine are reliable. This evidence must be presented at trial. In some situations, certification can be outdated and results of the breath test can be ruled inadmissible.
A DUI can be charged at different levels depending on the circumstances. Currently, a first time offense is a misdemeanor. However, if a child under the age of sixteen was in the vehicle, it is a felony offense. If injuries, prior convictions, or fatalities are involved during the commission of the offense, it will likely be charged as a felony.
- Ft. Wayne Ft. Wayne
- 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
- Petry, Fitzgerald & Less:
You should consult an attorney for individual advice regarding your own situation.
- Highland
- Highline
- Barbara Shaver:
You should consult an attorney for individual advice regarding your own situation.
- Indianapolis,
Indianapolis
Indianapolis
Indianapolis
- Jeffersonville
- Knox
- Nichols & Wallsmith:
Have you been charged with drunk driving? There are serious consequences that go along with a conviction for drunk driving. You will lose your license, pay higher insurance premiums, may be requires to attend alcohol treatment aand probation, and may be required to serve time in jail or prison. It is important that you work with an experienced criminal defense lawyer as soon as possible.
- 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.
- Kokomo
- Bolinger Law Firm:
Felonies Drug Possession
OWI / Drunk Driving Juvenile
- Lafayette
- 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.
- Lebanon
- Kirtley, Taylor, Sims, Chadd & Minnette:
* Business Litigation
* Estate Planning, Wills, Trusts
* Divorce and Family Law
* DWI/DUI/OWI/OVWI (Drunk Driving) Defense
* Municipal Law Matters
- Logansport
- Barrett, Matthew:
You should NOT plead guilty to any criminal charges.
- Merrillville
- 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
- LaRue, John:
Taking apart the prosecutionÕs DUI case
Criminal law assigns the prosecution the burden of proof in a DUI case. A knowledgeable DUI lawyer can examine the evidence and look for weaknesses in the prosecutionÕs case. Weaknesses in the case that can be challenged often include:
* Errors in the stop and arrest. A police officer must have probable cause to stop a driver. However, police officers frequently err in judgment. Faulty driving such as weaving or making overly wide turns can be caused by a tired or inattentive driver talking on a cell phone and not because of intoxication.
*
Faulty judgment in determining intoxication. The odor of alcohol on the breath is unreliable because alcohol has no odor. A non-alcoholic beer can result in the same breath odor. A lack of mental impairment such as incoherent speech or inability to follow directions exists with intoxication before physical impairment manifests, which would actually affect the ability to drive. If a police officer judges physical impairment, but there is no evidence of mental impairment, the evidence may be ruled as faulty.
*
Failure to read Miranda Rights. Statements made during questioning after arrest are often inadmissible if Miranda Rights were not read.
*
Challenging chemical tests. Chemical tests must be performed according to standard procedure by a qualified technician. The breath test measures the amount of alcohol in the lungs. For a breath test to be valid, the person tested must be observed for 20 minutes prior to testing to ensure no belching, vomiting, burping, drinking beverages, smoking, or eating occurred. Any of these activities can result in a false reading.
A police officer must have probable cause to stop a driver. However, police officers frequently err in judgment. Faulty driving such as weaving or making overly wide turns can be caused by a tired or inattentive driver talking on a cell phone and not because of intoxication.
A Muncie, Indiana drunk driving lawyer carefully listens to all the details about the stop, arrest, and chemical test and asks questions to discover if there are holes in the prosecutionÕs case. Any evidence that does not follow strict procedure or is unreasonable, we investigate thoroughly, looking for a strategy to get your case thrown out, reduce charges, or argue for lighter sentencing.
- 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.
General Indiana OWI Information:
* BAC Defined as illegal per se: 0.08
* Administrative license suspension 1st offense? 180 days
* Restore driving privileges during suspension? After 30 days
* Penalties include interlock? Yes
* Penalties include forfeiture No
Note: information is for informational purposes only and is subject to change without notice.
Top
Aggravating Circumstances:
* Input from the victim if there is an accident
* Very high breathalyzer readings (generally 0.15 or more)
* A bad driving record and past convictions
* Caught not long after regaining driving privileges
* Bad relations with the police officers involved in the incident
* Dangerous and/or unusual driving leading to the police stop
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Mitigating Circumstances:
* Previous good driving record
* Low readings on a breathalyzer test
* Cooperation with the police officers involved in the incident
* Efforts at rehabilitation
* When a judgement would have an adverse affect on employment and/or family
- Munster
- Sheets, Jerimiah:
Are you faced with a legal problem that may affect your livelihood or the well-being of your family? Are you confused by legal documents or intimidated by just the thought of having to be in court?
Don't allow yourself to be overwhelmed or intimidated by the legal system.
- New Albany
- Noblesville
- Richmond
- Burton & Simkin:
Tips for Selecting a Criminal Defense Lawyer
* Is the lawyer experienced in the area of criminal law that relates to your troubles? How long has the lawyer been practicing in this area?
* Check out the lawyer's reputation and skills. Ask other lawyers. Ask friends and associates if they are familiar with the lawyer.
* Does the lawyer have a good relationship with the prosecuting attorneys and other lawyers in the area?
* Does the lawyer have a good reputation?
* Ask how many similar cases the firm has represented.
* Review the lawyer's biography and areas ofpractice on the firm's website.
* Visit the website of the state bar association, or call them, to assure the lawyer is in good standing.
* Is the lawyer conveniently located to assist you? Does the lawyer have strong ties to your community?
* How does the lawyer charge?
* Will the lawyer provide an estimate of the total fee, if possible?
* Does the lawyer seem to have an interest in representing you?
* Does the lawyer have the time and resources to give you the attention you require? Ask him or her.
* Has there been publicity about your lawyer's involvement in similar cases? Check out the local newspaper archives.
* Will the lawyer be handling your case personally?
* Are you comfortable with the lawyer?
- Arnold Law Office:
If you have been arrested for DUI, DWI or drunk driving in Indiana, you could be facing jail time, fines and suspension or revocation of your driversÕ license.
Don't leave your legal representation to chance and don't go before the judge without a knowledgeable attorney by your side.
- 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
- Tauber Westland & Bennett:
* Operating while intoxicated (OWI)/ Driving while intoxicated (DWI)/ Driving under the influence (DUI)
* Traffic violations
* Drug crimes
* Assault and battery
* Domestic violence
* White collar crimes
* Juvenile crimes
- LaTulip, Matthew:
You should consult an attorney regarding your situation.
- 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
- Nafe, James:
Drunk Driving
If you are facing charges for drunk driving, also commonly referred to as driving under the influence (DUI) and operating while intoxicated (OWI), time is of the essence. In Indiana, the arresting officer must submit a probable cause affidavit to the prosecuting attorney. If it is found that there is probable cause that you were operating the vehicle while intoxicated, you face an immediate administrative suspension of your driver's license, and this typically happens within 30 days of your arrest. In addition to this harsh administrative penalty, you face significant criminal punishments, even if it is your first offense.
- Keller, Thomas:
DUI and DWI Cases
First and foremost: being charged with drunk driving does not make you guilty. There are many complex laws surrounding these charges. Factors you may not be aware of that impact the legitimacy of a DUI or DWI case include:
* Actions of the officer who arrested you
* Degree to which protocol was followed during the arrest
* The equipment used
* Your criminal record, or lack thereof
* Video evidence
* Field Sobriety Test
The prosecution is aiming to convict you, and will often use any means available to them to do so.
- Wruble, Stanley:
Misdemeanors
A misdemeanor is the less serious of the two types of crime. Misdemeanors are punishable by lesser fines and
shorter terms of incarceration than felonies. The maximum sentence for a misdemeanor is one year
incarceration. There are three categories of misdemeanors, called classes:
* Class A Misdemeanor -- A sentence of up to one year in County Jail and a fine of up to $5,000
* Class B Misdemeanor -- A sentence of up to 180 days in County Jail and a fine of up to $1,000
* Class C Misdemeanor -- A sentence of up to 90 days in County Jail and a fine of up to $500
Some examples of crimes typically charged as misdemeanors are check deception, shoplifting, possession of
marijuana, disorderly conduct, public intoxication and illegal possession of alcohol.
Felonies
If you are charged with a felony, make no statements to the police and contact an attorney immediately.
Felonies are the most serious of crimes. They are punishable by the greatest fines and longest prison terms.
They are classified into five categories:
* Murder -- A sentence of 45 to 65 years in prison and a fine of up to $10,000. Under some
circumstances, capital sentences are possible: life imprisonment without parole or the death penalty.
* Class A Felony -- A sentence of 20 to 50 years in prison and a fine of up to $10,000
* Class B Felony -- A sentence of 6 to 20 years in prison and a fine of up to $10,000
* Class C Felony -- A sentence of 2 to 8 years in prison and a fine of up to $10,000
* Class D Felony -- A sentence of 6 months to 3 years in prison or jail and a fine of up to $10,000
- 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
- Soliday, Matthew:
*
Personal Injury:
Car Accidents
Slips/Falls
Death of Loved Ones
*
Criminal Defense:
Felonies
Misdemeanors
Bond Reductions
DUI's and Drug Offenses
State and Federal
*
Estate Planning:
Wills
Trusts
Federal Estate Tax Avoidance
Probate
- 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?
Brought to you by Colorado DUI Drunk Driving Defense
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