Indianapolis DUI Lawyers
- Mill, Elizabeth:
Criminal Defense:
DUI
Drug Felonies
Complex Search and Seizure Litigation
Federal Criminal Defense
- Harshey, Sean:
Drunk Driving defense
- Bibbs Law Firm:
A drunken driving charge has two components: the criminal charge from the state of Indiana, and the driver's license suspension, which is enforced by the Indiana Bureau of Motor Vehicles. The BMV rules in Indiana are complicated with a variety of timelines. Missing a deadline or the improper filing of paperwork can affect your right to drive. With a skilled criminal defense lawyer, a hardship or probationary license is a viable option for some clients.
An OWI defense can be complicated by a number of factors.
* Habitual offenders Ñ An HTV (habitual traffic violator) is at increased risk of losing his or her driver's license for an extended period of time.
* Habitual substance charge Ñ Those with multiple substance abuse charges are at increased risk for jail time and BMV consequences.
* Additional violation Ñ When there is an additional violation, such as possession of an unlicensed gun or other weapon, the case becomes complicated.
* Probable cause Ñ If there was not a probable cause for the traffic stop, it may be possible to file a motion to suppress, reach a good plea agreement with the prosecution or have the charges dropped.
* Blood Alcohol Content Ñ A blood alcohol level of .15 or higher, whether administered by a Breathalyzer or blood test, carries higher minimum penalties.
- Garcia, Luther:
This is a summary of what happens once you are arrested in Indiana.
A formal arrest is generally followed by a trip to the police station or jail, a booking procedure which results in a mug shot and fingerprinting and assignment of a number attached to your fingerprints (often this is referred to as your Gallery Number). The next step is an initial hearing where the court tells you what your charges are, sets a preliminary bail amount, advises of your rights and deadlines, and sets your case for another hearing date. In theory, your Initial hearing should take place within 32 hours of your arrest. In practice, the state can ask for 72 hour continuances and as long as a bond has been set, this request is automatically granted.
Will I be Released?
If you are a juvenile, you will have detention hearing to determine whether you will stay in custody pending the resolution of your case. If you are an adult, you are entitled to a reasonable bail unless you are charged with murder, have a hold from another jurisdiction, are on probation, or are on parole. If you have other criminal cases pending in other counties or states, or are on deferred prosecution, probation, parole, then this new arrest can trigger a bond forfeit in those other counties, or a hold for probation or parole. If you are not a legal resident of the United States and you are arrested, there is a very good chance that the Immigration and Naturalization Services will be contacted, and will place a hold on you.
What happens after my Initial hearing?
At your Initial hearing, the Judge will read the probable cause affidavit (in some counties there will be a hearing instead) and will determine if sufficient grounds are established for your arrest. The dates you are given are important. The Omnibus date is a date the court uses to set notices of certain defenses, discovery deadlines, and other technical matters. Many times a court will set an interim hearing called a "pretrial conference" or set the matter for "further proceedings". In each case, these are merely different names for dates that are not trial dates, and are only dates designed to see if discovery is proceeding or if there has been any progress in the case. Some courts dispense with pretrials and only set cases for trial. If that is the case in your court, and you are charged with a misdemeanor, you will lose your right to trial by jury unless you request that right ten days prior to your first trial setting. This is one reason you should retain counsel as soon as possible.
If you cannot reach an agreement with the prosecuting attorney in your case, then you can either plead guilty to the charges as filed, have a trial where the judge determines guilt or innocence, or have a jury trial to determine the facts.
The Trial
If you have a trial the Judge will decide what facts the jury will be allowed to hear based upon the Indiana Rules of Evidence and the Indiana and Federal constitution. These rules are designed to only allow relevant evidence, objections by the attorneys are generally over violations of those rules, and the Judge's job is to decide which of the attorneys is correct. Generally speaking, only a tiny fraction of attorneys ever try a case to a jury. Of those who have tried cases, only a few have done dozens of trials, and are able to perform at the level needed for trials.
Outside of some legal motions that are filed just prior to trial, all trials begin with jury selection. This is called Voir dire, and is the only time your lawyer will be allowed to question and talk to the jury personally about their beliefs and attitudes. A huge amount of experience is needed during jury selection, as many jurors aren't entirely truthful about their beliefs. Once 12 (or 6 in the case of D felonies or misdemeanors) jurors are selected, the trial begins in earnest. Each side is allotted a certain amount of time to present a summary of the case they expect to present. The Prosecuting Attorney always goes first, followed by the Defense Attorney. After that, the State begins calling witnesses, and in each case the defense is allowed to cross-examine those witnesses as to qualifications, truthfulness, and accuracy. Once the state rests, the defense can call additional witnesses, and, if the defendant wishes, the defendant. Once the defense rests, the state is allowed to call additional witnesses to the defense's witnesses. After this, the case ends and the jury makes its decision.
If the defendant is found not guilty, the case ends. In the unfortunate event that the defendant is found guilty of some or all of the charges, (or if the defendant pleads guilty), then the case is set for sentencing thirty days or less after the conviction is entered.
- Lane Law Office:
Being charged with a traffic violation that may result in the loss of your driving privileges can be a difficult and confusing experience. Whether you have received a citation for OVWI or DUI or are facing habitual traffic offender charges, having an experienced lawyer can improve your chances for avoiding a lengthy suspension, revocation or hefty fines.
- Hollander, Eugene:
* DUI or driving while intoxicated (drunk driving)
* Possession of marijuana, cocaine, or methamphetamines or other illegal drugs
* Battery
* Domestic Battery
* Theft
* Shoplifting
* prostitution
* Trespass
* Vandalism
* Possession of a firearm
* Traffic offenses
... a person who is arrested and charged with a Misdemeanor
should receive the same type of legal representation that a person
charged with a Felony receives.
Every person arrested for a crime in Indiana faces the possibility of
losing their jobs; being locked up in the county jail; or, being forced
to pay a bond to get out of jail.
Additionally, every time a person is arrested, a criminal arrest record
is created which follows them for the rest of their lives. Each
additional time that a person is arrested, the new arrest and charge are
added to their arrest record. When the person is arrested, the length of
their arrest record, and the nature of the prior charges influences how
they are treated by the arresting Police Officer, the prosecutor, and
the Judge regarding their new case. Some employers, like health care
professionals, and school boards, will not hire individuals with certain
types of convictions. Misdemeanor convictions may prevent your admission
to certain colleges and professional schools. It is the job of an
Indiana criminal defense lawyer to aggressively attack and defend every
criminal charge, whether it is a Misdemeanor, or a Felony.
There are other long lasting effects regarding misdemeanor convictions
which are not readily apparent. For instance, a first arrest for
possession of a handgun in Indiana is a misdemeanor for which a person
may not receive more than a one (1) year executed sentence. Wanting the
misdemeanor handgun conviction for its lasting consequences, a
prosecutor may even agree to a suspended sentence. Later, the
misdemeanor handgun conviction may be relied upon in a drug related case
in Federal Court as an aggravating factor requiring the imposition of a
non suspendable life sentence.
The same defensive strategies and discovery maneuvers utilized in felony
cases should be appropriately employed in misdemeanor cases.
Since spending time in jail and obtaining a criminal record will occur
if you are convicted of a misdemeanor, it is important to hire a lawyer
immediately after you are arrested.
- White & Champagne:
misdemeanor or traffic ticket
- 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.
*
Breathalyzer Tests: Machines can make mistakes and results are not always accurate. We can subpoena breathalyzer machine maintenance records.
*
Video Surveillance: Video footage from law enforcement can be your best defense against Indiana drunk driving charges. We can subpoena the field video to ensure that your rights were protected and that the tests were administered correctly.
*
Field Sobriety Tests (FST): A thorough investigation of conduct and conclusions after an FST can help challenge the officerÕs ÒopinionÓ regarding your impairment. We have successfully challenged the Walk & Turn, One-Leg Stand, and Horizontal Gaze Nystagmus (Pen Test).
- 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.
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