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• 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.
• 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.
• 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.
• 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.
• 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.  
• 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.
• Bator Redman: If you have been charged with a crime, you need to enlist the skill and knowledge of an experienced criminal defense attorney who is ready to protect your rights and interests.
• John Christ: Despite first appearances, traffic violations can be quite serious.  Whether it is a parking ticket or a DUI, points could be applied to your license or worse. If you are charged with a DUI / OWI, you have only a limited amount of time before your license is revoked or suspended. 
• David Keen: You should consultan attorney for individual advice regarding your own situation.
• Dominic Martin: Indiana's implied consent laws can suspend your license for up to a year if you fail or refuse to submit to a blood alcohol test. If you have recently been arrested for DUI / OVWI / OWI / DWI (drunk driving), do not wait. Speak with an experienced criminal defense attorney immediately so you do not miss your deadline to challenge your driver's license suspension.
• Eric Mayer:

  Avoid Indiana driver’s license suspension / fines / criminal record

  The consequences of Indiana DUI / DWI / OWI charges are substantial and should never be taken lightly. You will need an experience drunk driving defense attorney to effectively protect your rights and ensure that your case is decided according to the facts and the law alone.

  • Fines
  • Insurance Points / High-Risk Insurance
  • Automatic License Suspension / Revocation
  • Jail Time
  • Permanent Criminal Record
  • Loss of Employment Opportunity
  • Ignition Interlock Device

  It is important to remember that with a BAC limit of .08, many Indiana residents who are not even impaired may find themselves facing serious charges after being cited for DWI / DUI. In fact, law enforcement is able to cite you for Indiana DWI / DUI between .05 and .08 based simply on the opinion of the arresting officer. There is a defense against Indiana drunk driving charges, including the questioning of police tactics, equipment issues and police probable cause.

• Brown, Tompkins & Lory: In Indiana, if you have been charged with OWI, you will have a probable cause hearing within 72 hours. At this hearing, a determination will be made if there is probable cause as to whether or not you committed OWI, and whether or not you refused or failed a breath test. If it is found that there is probable cause showing that you failed or refused a breath test, the results of the hearing will be forwarded to the Indiana Bureau of Motor Vehicles, who will then issue a suspension. It is legal for you to drive until the Bureau of Motor Vehicles says you are suspended. Blood alcohol level (BAC) is a term used to describe the level of alcohol in the bloodstream of a person arrested for drunk driving. It is used in court as evidence of that offense. The most common method of determining BAC is through a breath test, although blood and urine testing is also done. If the level is found to be at or over .10, or .08 in some states, the test results can establish a presumption of impairment.
• Gary Colasessano: n the State of Indiana, a person who is charged with driving while intoxicated is given an OVWI charge Operating a Vehicle While Intoxicated. If you have been charged with this crime, you should immediately contact a lawyer with experience in this filed of law. Within 24 hours of your arrest, or up to a few weeks if you are released or post bond, an initial hearing will be held and a determination will be made as to the suspension of your driving privileges. Suspensions for failing a certified breath test will last a minimum of 30 days and no longer than 180 days, however, a suspension for a breath test refusal will last one year. As an experienced attorney I may be able to help you keep your license, or at least request a hearing to challenge the license suspension. In Indiana the penalties for operating a vehicle while intoxicated are high. Mandatory minimum jail sentences for operating a vehicle while intoxicated range from 5 days to 180 days. License suspensions range from 180 day restricted privileges to 2-year suspensions. Should a person have prior convictions for major traffic offenses a subsequent OVWI conviction could result in a license suspension of 10 years to a lifetime suspension. Obviously, these consequences have a devastating impact on an individuals ability to raise a family and to maintain employment.
• Eugene Hollander: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed.
• Kinnard Law Office: It is important that you preserve your rights while protecting your reputation, regardless of the seriousness of the offense. Constitutional Law - The United States Constitution is the cornerstone of the relationship between the Federal and state governments and between individuals and those governments.
• Thomas Leslie: If you are charged with drunk driving (DUI / DWI), you face additional consequences that include loss of your license and court ordered alcohol education and/or treatment.
• Moore & Associates: DUI/DWI/OVWI-Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction for DUI/DWI/OVWI may result in fines, the revocation or suspension of your driver's license, and jail time. In addition, your insurance company may cancel your insurance. You have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case. We may be able to protect your driving privilege, your criminal record and your livelihood.
• Carolyn Rader: Indiana recognizes that the offense of Operating a Vehicle While Intoxicated is a class A misdemeanor for the first offense. Counties vary widely in sentencing first time offenders. A few counties offer a diversion program. Some counties require mandatory jail sentences. Most counties offer probation and alcohol education. The offender's driving license is always placed in jeopardy due to statutory and administrative suspension.
• Randall Cable: Often a police officer will stop a vehicle for routine causes such as speeding or other traffic violation, equipment deficiencies or such as discussed above. Upon stopping the vehicle and talking with the driver, the officer may quickly come to a conclusion that the driver has consumed alcoholic beverages. In most jurisdictions, it is not against the law to have consumed alcohol and then drive a vehicle. All states have prohibitions against operating a vehicle under the influence of alcohol or drugs. In Indiana the presumption of intoxication is a breath test reading of .10% or greater. Regardless of the reason for the stop, the officer can ask the driver to exit the vehicle and perform field sobriety tests at the scene if the officer has reasonable suspicion that the driver is under the influence. Often the officer is looking for the odor of alcohol on the person or breath of the individual; red, watery or bloodshot eyes; slurred speech; staggering or difficulty in getting out of the vehicle; swaying or stumbling or leaning on the vehicle during questioning; failure to respond to the officers directions; and observation of alcoholic beverage containers in plain view in the vehicle.
• Cooper Legal Services: The time when courts were likely to let a drunk driver off with a fairly light penalty is gone. Today, a drunk-driving charge can bring heavy fines and prison sentences.