Hammond DUI Lawyers

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Hammond DUI Lawyers

Sachs & Hess: There is an old saying that goes something along the lines of "Only a Fool Represents Himself." There is a lot of wisdom in that saying. If a person had a heart condition, they certainly wouldn't try to treat it on their own. Problems within the legal system should be handled the same way. Attorneys are trained in dealing with and handling Operating While Intoxicated cases. In a first offense for Operating While Intoxicated, it is essential that an attorney be involved because of the possible future problems associated with a conviction for Operating While Intoxicated. If a person is convicted of Operating While Intoxicated, and then gets another Operating While Intoxicated conviction within the next five (5) years, the second offense would be charged as a Class "D" Felony, increasing the possible sanctions and penalties involved.
Frequently Asked Questions - Traffic & Other Violations
What should I do if I am arrested?
1. The Constitution of the United States, as well as the State of Indiana, guarantees you a right to counsel, so take advantage of it. It is essential that you assert your right to an attorney before making any statements to any law enforcement agency, or signing any documents produced by a law enforcement agency with the exception of a traffic ticket.
2. Never consent to the search of an automobile, home dwelling, person (with the exception of a pat down search for the officer's safety), purse, or any other item without enforcing your right to speak to an attorney first. Certain exceptions to this rule would apply, such as the Indiana Consent Law. The Implied Consent Law requires you to submit to blood alcohol tests or face the lose of your license as a result of any automatic one (1) year suspension for failing to comply with the same. The Applied Consent Law is mandatory, and you do not have a right to speak to a lawyer before submitting to, or being asked to submit to the test.
3. If arrested, always be cooperative with the police officer. Failure to cooperate with the officer, whose primary concern is his own personal safety, could result in resisting law enforcement charges or disorderly conduct charges, which can only add to your costs and potential penalty. Being cooperative does not mean giving the officer any statements or admissions without talking to your attorney.
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What not to do if you are arrested.
1. Do not speak in detail about the facts of the case with anyone except your attorney. Only speak when instructed to speak by your attorney. More often than not, statements given outside the presence of an attorney only assist the police and the State of Indiana in making their case against you.
2. Never submit to any type of handwriting, hair, fingernail, blood, urine, polygraph, or other examination without first speaking to any attorney. In addition, never agree to submit to a line up or any other identification process without first consulting any attorney.
3. Under Indiana law, you are not required to take field sobriety tests, so don't take them. Anybody who has attempted a field sobriety test sober would fail them more often than not, so there is no point in taking them. A field sobriety test is not required under the Indiana Implied Consent Law, and a police officer cannot compel you to take same.
4. Under the Indiana Implied Consent Law, you are not required to take an Alco-Sensor or portable breath test. These are devices that police officers carry in their cars, and submit to people suspected of driving under the influence. These devices give a preliminary reading, which may or may not be accurate concerning the alcohol level within one's system. The results of the Alco-Sensor or portable breath test are not admissible in court. As such, there is no reason to take one. If an officer requests that you take an Alco-senor or breath test, simply respond that you will agree to take a B.A.C. test at the police station, but you will not take a portable test in the field. The only test covered by the Indiana Implied Consent Law are those tests concerning breath (only a test as approved by the Indiana University Department of Toxicology), urine, or blood test.
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What is O.W.I.?

O.W.I. stands for Operating While Intoxicated. A person is charged with Operating While Intoxicated if his/her blood/alcohol content (B.A.C.) is .08% or greater. Operating While Intoxicated does not require that a person be driving a vehicle while intoxicated, but simply that a person be in control ff the vehicle at the time that the arrest is being made.

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What are the penalties for Operating While Intoxicated?

Penalties can rage based upon the level of offense in which you are charged. Defense levels can range anywhere from a Class "C" Misdemeanor all the way up to a Class "D" Felony. The fine range can be anywhere from $500.00 to $10,000.00, with imprisonment ranges anywhere from 60 days to eight (8) years. In addition to the penalties set forth above, license suspensions are involved, ranging from 90 days up to two (2) years. It may be possible obtain a restricted license during any of these periods of suspension.

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If this is a first offense, do I really need a lawyer?

There is an old saying that goes something along the lines of "Only a Fool Represents Himself." There is a lot of wisdom in that saying. If a person had a heart condition, they certainly wouldn't try to treat it on their own. Problems within the legal system should be handled the same way. Attorneys are trained in dealing with and handling Operating While Intoxicated cases. In a first offense for Operating While Intoxicated, it is essential that an attorney be involved because of the possible future problems associated with a conviction for Operating While Intoxicated. If a person is convicted of Operating While Intoxicated, and then gets another Operating While Intoxicated conviction within the next five (5) years, the second offense would be charged as a Class "D" Felony, increasing the possible sanctions and penalties involved.

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What is an H.T.V.?

H.T.V. is short for Habitual Traffic Violator. A person can be determined to be a Habitual Traffic Violator under two scenarios. Under the first scenario, if a person has three (3) major offenses within a ten (10) year period, he can be found by the Bureau of Motor Vehicles to be a Habitual Traffic Violator and license suspended for ten (10) years. Major offenses can include Operating While Intoxicated, Reckless Driving, Leaving the Scene of an Accident with Property Damage in Excess of $200.00, and other such offenses. Under the second scenario, if a person has nine (9) minor offenses and one (1) major offense within a ten (1) year period, he too, can then be determined to be a Habitual Traffic Violator, losing his license with a ten (10) year suspension. Under either scenario, a person would not be eligible for any type of restricted or probationary license until after five (5) years of the suspension has been served.

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How much would it cost for representation?

The cost for representation for an Operating While Intoxicated case will vary based upon the years of experience of the lawyer handling the case, whether or not it is a first offense, whether the case would be handled by Plea Agreement, or submitted to the court for trial. These lawyers handle these cases on a flat fee basis. The few cases to be tried, an hourly rate may be imposed for purposes of trying the case. The fees should be discussed with each individual attorney. It should be pointed out that if you post a bond upon arrest, that you may use that bond to pay a portion of your attorney fees. If you have a bond, you should also disclose that to an attorney for purposes of negotiating your fee arrangement.

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