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Indianapolis DUI Lawyers

1. Thomas, Ross: What To Do If You Are Arrested If you are arrested or brought in for questioning by police about a criminal case, there are a few things to keep in mind that may help you tremendously if you have to defend yourself against criminal charges. Keep in mind that this is being offered as general information only and should not be construed as legal advice in any particular case. Among the important things to remember: DO NOT MAKE ANY STATEMENT OR ANSWER ANY QUESTIONS, unless you have been advised to do so by your lawyer. In most instances a police officer making an arrest has already come to a conclusion about his reason to arrest you. Do not try to explain "your side of the story" or talk your way out of being arrested, it will rarely help your situation. Be polite and respectful, even if the arresting officer is not. Do not try to resist arrest, even if you feel you are being wrongly or mistakenly arrested. DO NOT CONSENT TO A SEARCH. If you have been arrested, the police officers may already have the right to search you and the area immediately around you. Police may have obtained a search warrant which gives the permission to search. If an officer chooses to search you, do not attempt to physically stop him. However, whether you have been arrested or not, if an officer asks your permission to search- "You wouldn't mind if I took a look in your car would you?", politely decline to give permission. You may feel that refusing to consent to a search will make you appear more "guilty" or having "something to hide", but in most cases "looking guilty" will not contribute to your conviction in a criminal case. Any evidence that the officer finds in a search usually will. DO NOT CONSENT TO A SEARCH, even if you think the officer is going to search anyway. Sometimes in that situation you may conclude that if the officer plans to search anyway, that it will help you to appear more cooperative if you just grant consent to search. But once you have consented to a search, you have in most cases waived any challenge to the officer's authority to conduct the search that your attorney might have later been able to raise. Even if it appears to frustrate or anger the officer, do not consent to a search. It probably won't keep him from conducting a search, but by refusing to consent you will keep the burden on the state to prove that there was a legal basis for the search before the evidence can be used against you in court. Understand that you have the right to remain silent and everything you say can be used against you. EXERCISE YOUR RIGHT TO REMAIN SILENT, unless your attorney says otherwise. If you have been arrested there is a good chance you will be nervous, scared and or confused. Sometimes in that state of mind, an arresting officer may attempt to scare you with threats of more serious charges or threats to arrest a family member or loved on if you don't "cooperate". Sometimes an officer will tell you that you will "make it easier on yourself" if you just admit your guilt. In either of these situations, it is extremely unlikely that you making a statement will keep the police from arresting someone else that they had intended to arrest or that it will change your own situation significantly. Remember, you will have every opportunity to "cooperate" with police in dealing with your case if you choose to, but it is important to talk to a lawyer before you attempt to do so. Ask to have a lawyer present during any questioning by the police. You have a right to an attorney before and during any questioning. EXERCISE YOUR RIGHT TO AN ATTORNEY. If you can not afford to hire an attorney, an attorney must be provided for you. The law requires that once you have asked for an attorney, police are not allowed to ask you any more questions. However, some officers may still ask you questions or suggest that you don't need a lawyer or imply that asking for a lawyer will make your situation worse. If you have been arrested there is a good chance you will be nervous, scared and or confused. Regardless of what the officer may suggest: TELL THEM YOU NEED TO TALK TO A LAWYER. Talk to a Criminal Defense Attorney as soon as possible. The sooner you have the advice of an attorney the better. Record the names, addresses, phone numbers and any other important information about your defense witnesses. It is generally not advisable to contact potential witnesses yourself. Let your lawyer or his or her staff do that, to avoid any notion that you are intimidating or attempting to influence the witness. Document, by notes or other recordings, any defenses you may have to the charges. Photograph or video tape defense evidence, when appropriate. For example, if you have injuries that are relevant to a defense, photograph them if possible. If a particular location is relevant, you may want to photograph or video tape it. Be careful not to tamper with any evidence or even give the appearance of tampering with evidence. If you possess items that you believe could be evidence in your case, bring them to your lawyer's attention as soon as possible. Take steps to get out of jail. If you know you may be arrested or if you are turning yourself in on an outstanding warrant, have a family member or trusted friend on notice with access to any funds you may have to post bail for you. If you have limited resources and have to choose between hiring a lawyer and posting a bond, it is generally advisable to hire an attorney first. If your bond is too high, have an attorney ask the judge for a bond reduction and in many cases can get the bond amount lowered significantly. If you are in jail while your case is pending, DO NOT DISCUSS YOUR CASE with other inmates or guards. Do not generally seek or follow the "legal advice" that other inmates are offering you. Consider the source. Do not discuss the facts of your case over the telephone with family and friends, as such calls are routinely recorded and are not confidential. If you have co-defendants, do not contact them about the case or attempt to discuss the case with them unless your lawyer has advised you to do so. If they contact you that is fine, remain polite and friendly but explain that you can't talk about the case. That doesn't mean that you and your co-defendant are necessarily against one another, but it is generally best not to discuss the case outside of situations dictated by your lawyer.
2. Jensen, Karen: Hiring an attorney for a criminal case can be difficult and confusing. If your family member is in jail, it is even harder.
3. Redman Ludwig: Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.
4. Lopez, Vanessa: Operating a vehicle while intoxicated (also known as driving under the influence or driving while intoxicated) is a serious criminal charge in Indiana. You face suspension of your driver's license, fines, and jail time or community service. The true cost of an OVWI/DUI/DWI can be many thousands of dollars. It can also result in job loss, since you need your car to drive to work. Some people who have had their driver's license suspended or can't afford high-risk insurance choose to drive anyway. If you are caught driving without a valid license you could face more serious criminal charges.
5. Sweeney Law Group: Classifications of Crimes Because the negative behavior regulated by the criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. If you face questioning or arrest or are accused of a crime, you should consult an experienced attorney as early in the process as possible for help protecting your legal and constitutional rights. A criminal-defense lawyer can explain the particular crime involved and its possible ramifications.
6. Huelskamp & Huelskamp: Drunk driving defense is a specialized area of law. You should consult with an experienced, qualified DUI LAW attorney to find a solution to your legal problem if you, or someone you care about, have been arrested for DUI or OWI. Indiana OWI cases (short for Operating While Intoxicated) can be prosecuted on one of two theories: Either the state will try to prove that a person was operating a vehicle at a time when they were intoxicated (meaning that they suffered a loss of control of their normal thought and faculties as the result of consuming alcohol and/or drugs), or by violating the per se law, meaning that they drove with a blood alcohol level of .08% or more. OWI cases in Indiana are generally misdemeanor offenses, but the penalties in Indiana drunk driving cases can increase dramatically in cases where the blood alcohol level is .15% or more. Drunk driving laws in Indiana are unique in one respect: Indiana OWI arrests result in the law enforcement officer selecting a choice of blood, breath or urine testing to determine the alcohol content of the person arrested for drunk driving. The person arrested for drunk driving in Indiana has no right to select the test, nor any right to consult with a lawyer before deciding whether or not to submit to the test. The policeman is supposed to take your license at the time of your arrest and give you a receipt for it. You are not suspended when the officer takes your license. In fact, you can apply for a duplicate license until your suspension by the Court or the Indiana Bureau of Motor Vehicles (BMV). A duplicate license is a great idea for identification purposes to save you humiliation when asked for I.D. Of course, once the Court or BMV tells you that you are suspended, you can no longer drive and your duplicate license is not valid for driving or identification. In Indiana there are at least three (3) recidivist or repeat offender consequences for OWI. First, and most serious, Indiana has a habitual substance offender statute that could yield up to 8 additional years in jail if filed against a client with two (2) or more prior offenses. Second, a felony OWI in Indiana usually involves a prior offense within 5 years of the current charge. Finally, habitual traffic violator status is imposed on OWI offenders who accumulate three (3) OWI's in a ten (10) year period. Therefore, prior offenses can be an important part of your case. Your lawyer must examine the validity of the prior offense and determine if post-conviction relief might eliminate one of these offenses. If you are convicted of OWI in Indiana, a range of punishment can be imposed. * First offenders can expect probation, payment of restitution, a license suspension and payment of court costs. Many courts require a jail sentence, even for first offenders, especially if the OWI involves an alcohol level of .15% or more. * Second offenses carry greater penalties. A felony may be imposed and reduced later; jail time may be required; probation; road crew; public restitution; home detention; and increased costs. 6 months to 1 year is a typical license suspension for a second-time OWI. * Third or subsequent offenses largely depend on the timing of your prior offenses. If you are habitual traffic violator eligible, you will lose your license for 10 years, plus anywhere from 3-9 months of jail time and a lengthy probation. You may qualify for drug or alcohol court. Indiana OWI lawyers know that cases involving accidents and injuries usually require jail in the event of a conviction. These penalties do not reflect the additional administrative driver's license suspension imposed in Indiana OWI cases. In 1983, Indiana law changed to allow an administrative suspension of your driver's license if you either failed or refused a chemical test - defined as a breath, blood, or urine test for alcohol or drugs. Your administrative suspension is for 180 days if you failed a chemical test or, for one year if you refuse a chemical test. Unfortunately, the fastest way for a first offender to regain their driver's license is to plead guilty. From 1983 to the present, Indiana law has been written to coerce you to plead guilty if you want a quick and easy solution to license suspension. A guilty plea in a first offense case typically will allow you to choose either a 90 day license suspension with high-risk insurance (SR-22) required, or, a 30 day license suspension to be followed by 180 days of probationary driving for work, school, or other proper purposes. High risk SR-22 insurance may not be required if you select a probationary license. If you do decide to fight your case in court, it is still possible to obtain a "hardship" license if it is a first-offense case. You must file a lawsuit in the Circuit court of your home county. You do not qualify for a hardship license if you refused a chemical test. WARNING: the hardship license is the most restrictive in Indiana by statute; its enforcement depends on the leniency of your judge. A separate attorney fee is typically charged to file this lawsuit and there is a filing fee. It is critical that you consult with a skilled Indiana drunk driving defense lawyer who understands how to defend these matters. There are different suspensions imposed in Indiana OWI cases, depending upon whether there is a conviction in criminal court or not. All suspensions for convictions are different from administrative suspensions from the BMV, because you have been found guilty either by plea bargain or jury trial. First offenders who failed a chemical test typically may choose a 90-day license suspension or the 30-day suspension and 180-day probationary license. There will be some administrative suspension credit. First offenders who refused a breath test are suspended for 90 days from the date the sentence is imposed, and there is no credit for the administrative suspension. For repeat offenders, assuming you are not habitual offender eligible, if your prior conviction is less than 5 years from your current conviction, a mandatory 1 year license suspension is required. If your prior conviction is more than 5 years but less than 10 years from your current conviction, a mandatory 180-day license suspension is required. If your prior conviction is greater than 10 years from your current conviction, a 90-day suspension is the minimum. In all cases, the above suspensions are mandatory minimums, and the judge may increase those suspensions. If you have 3 major traffic violations in a 10 year period you may lose your license for 10 years. If you have 1 major violation, plus 9 or more minor moving violations such as speeding, then you may lose your license for 5 years. If you drive after being found a habitual offender, you can lose your license for life. If you drive on a suspended license following a drunk driving conviction suspension, there is a mandatory 60-day jail sentence.
7. King, Mark: All evidence must be relevant in order for it to be admissible. There are numerous instances when relevant evidence is not admissible for various reasons including hearsay. Evidence itself falls into one of two categories, direct or circumstantial.
8. Ronald Todd Law: In Indiana there is an implied consent that you will submit to chemical test if a police officer reasonably believes you may be operating your motor vehicle while intoxicated (under the influence of drugs or alcohol). A chemical test can be a blood test, a breath test, or a urine test. The most common chemical test is the breath test, using a breathalyzer. Failure to submit to a breathalyzer, or any other chemical test, will result in a one year driver's license suspension. Failing a breathalyzer test (or other chemical test) will result in OWI charges. In addition, OWI charges can still be filed even if you refuse the chemical test or register a blood alcohol content (BAC) within the legal limit. An OWI conviction can lead to stiff fines, loss of driving privilege, and increased insurance rates. An OWI conviction can also lead to jail time. Repeat offenders are more likely to receive jail time, although a judge has the discretion to levy jail time between 60 days and one year even for a first offense.
9. Dillon & Thomas: Steps in a Criminal Case Being charged with a crime is one of the most serious matters any of us can face. Even persons who have gone through the criminal justice system before can find the charges, the various motions and procedures and the various court appearances to be confusing and sometimes frightening.  For a person facing the system for the first time, the situation may at times seem overwhelming.  It is important to know what to expect as your case moves forward.  The following is a basic overview of some of the steps that can occur in a criminal case in Indiana state courts. Keep in mind that this information is general in nature and may or may not apply to any specific case or situation and should not be construed as legal advice. Initial Hearing- When a person is arrested or charged with a crime his or her first court appearance in Indiana courts is call an "Initial Hearing".  Indiana Code 35-33-7-1 requires that an arrested person be taken "promptly" before a judicial officer in the county where the arrest is made or where venue for the case is presumed to be. The statute does not define "promptly", but most courts have said that an initial hearing within 48 hours is reasonable, although longer periods (such has over a weekend or a holiday) have been approved as well.  For a person who has posted bond prior to his initial hearing, the statute provides that an initial hearing be scheduled within 20 days of his arrest. It is at the initial hearing that you will be informed of the charge or charges against you and advised of your rights as a defendant.  If you do not have an attorney, the court will generally inquire as to your intention to hire an attorney and will advise you of your right to have an attorney appointed if you cannot afford to hire private counsel.  If you expresses an inability to hire a lawyer, the court will inquire as to your financial status and determine if a public defender should be appointed.  If you express an intent to hire a lawyer, the court will generally set a time limit of an attorney to be hired.   Keep in mind that even when a public defender is appointed, a defendant can still hire counsel of his or her choosing at a later date if financially able to do so.  The court cannot prevent a defendant from hiring counsel of his choosing, although if a case is close to a trial date or other important court date, the court in many cases will not continue the trial or other court dates to allow a new lawyer to prepare. €        In most cases a preliminary plea of not guilty is entered on your behalf at the initial hearing.   € Some courts will permit a defendant to plead guilty as his initial hearing.  However, it is not € generally advisable to do so, since you may not yet have an attorney to advise you and even if you € do, the attorney will not have been able to evaluate the case.  You may be concerned that entering € a "not guilty" plea will be used against you later or make you look somehow dishonest if you € should choose later to admit your guilt and plead guilty.  This is not the case.  Entering a not guilty € pleas fill not effect ones ability to later plead guilty.  It is almost always in your best interest to € enter a not guilty plea at the initial hearing and allow time for the charges and the evidence to be € evaluated.  In many instances an initial hearing on a misdemeanor charge can be waived if the € defendant is not in custody and his attorney filed a written waiver of the initial hearing. € Discovery- Once your attorney enters an appearance on your behalf, he will request from the prosecutor a list of witnesses, copies of any and all police reports, statements from any alleged victims and witnesses, and any physical evidence that the State intends to use against you.  This evidence is known as "Discovery".  Indiana law requires that the prosecutor provide in discovery any evidence that the State intends to use against you at trial.  In addition, Indiana law provides that the Defendant's attorney can take a statement from any potential witness in the case, under oath and recorded by a court reporter.  Such a  statements is known as a "Deposition", and although not used in every case, can be a valuable tool for preparing your defense. Investigation-  In addition to gathering a reviewing discovery, many cases require that additional evidence be gathered that will assist with the defense of your case.   This can include locating and interviewing potential witnesses, taking photographs, gathering potential evidence and submitting evidence to experts for evaluation and testing.   Pre-Trial Motions- In some cases, a good defense is not based upon what the State can prove at trial, but instead, is based upon determining what evidence will be admissible at trial.  For example, in some case evidence that was obtained through an illegal search can be suppressed, that is, not allowed to be used against you.  It may also be to your advantage to have your trial separated from a co-defendant or to ask for a change of venue if circumstances make An experienced criminal defense attorney will fight to insure that your Constitutional Rights are protected and that you are treated fairly.   Plea Negotiations- In some cases a defendant's best course of action is to negotiate an agreement to plead guilty to the charge, or to some lesser charge.  The circumstances may be such that it is not in your best interest to go to trial.  It is important to have an experienced criminal defense lawyer that can explain the case to you and explain your options.  An experienced lawyer can also negotiate on your behalf with the prosecutor, putting you in a position to have the best possible outcome. The Trial- Although not every case goes to trial, a good criminal defense lawyer should prepare for a trial in every case. Some trials can be presented to the judge to decide.  This is called a "bench trial".  Others are presented before a jury.  This is the part of a criminal case that most of us think about when we think of criminal law.  It is important to have a criminal defense attorney extensive experience trying cases before a jury. Sentencing- Sometimes, despite an attorney's best efforts, charges can result in convictions. Your attorney's job is not done, however. Your attorney can aggressively argue for a sentence that is substantially lower than that for which the prosecution is asking. This can include a shorter jail term, a shorter probation, loss of fewer privileges such as driving, and a smaller fine. Appeals- Even after trial and sentencing, your attorney's job may not be done. If you lose at trial, you have the right to appeal. Successful appeals in criminal cases are not common. When they are successful, however, you may be entitled to a new trial, or you may be set free.  
10. Peter Nugent: In Indiana, penalties for DUI (driving under the influence), DWI (driving while intoxicated), OWI (operating while intoxicated), or OVWI (operating a vehicle while intoxicated) can be very stiff - including heavy fines, jail time, and even a suspended drivers' license. Penalties vary depending on your blood alcohol content (BAC), and whether it's a first offense, second offense, or third offense. In addition, if you get arrested for DUI with a CDL license (commercial drivers license), the DUI regulations are much tougher.