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Indianapolis DUI Lawyers

1. Bench Law Office: you are charged with any crime, infraction, felony or misdemeanor; charged or indicted in federal court, or faced with a drunken-driving charge, DUI or OWI (including habitual offender charges), you are facing severe penalties and serious consequences including jail and / or prison time, home detention, lengthy probation, forfeiture of certain property, loss of civil rights, loss of driving privileges or 90-day-to-lifetime suspension, fines and court costs.
2. Stark, Gregg: Drinking and driving crimes in Indiana are generally referred to in a variety of ways. Despite the fact that the formal legal term for such a crime is Operating a Motor Vehicle While Intoxicated, an Indiana DUI Attorney will frequently reference these offenses as dui, dwi, owi or drunk driving. These terms have become more the common language that individuals associate with drunk driving offenses in Indiana.
3. Lopez, Marc: If you have been charged with Operating a Vehicle While Intoxicated (O.V.W.I) it is important for you to understand that this is a serious criminal charge. If your O.V.W.I endangered any person, including yourself, it is likely you were charged with the A misdemeanor. An A level misdemeanor is punishable by up to 365 days in jail. In addition to the possibility of incarceration, your driving privileges will likely be suspended for a minimum of 30 days. As if that wasnÕt bad enough, an O.V.W.I conviction will weigh heavily against you if you are arrested in the future Ð in some cases there will be mandatory jail time. The seriousness of an O.V.W.I charge is exactly why you need someone with experience dealing with O.V.W.I as your defense attorney. These cases are technical. These cases are challenging. I am a former Deputy Prosecutor with Marion County. While a Deputy Prosecutor I was assigned to O.V.W.I unit. I was one of five Deputy Prosecutors dealing with all of Marion CountyÕs O.V.W.IÕs. I have extensive experience dealing with O.V.W.I. I know the statutes, case law and issues because it was my full time job to prosecute those charged with O.V.W.I. I now offer this same set of skills in defending those accused of O.V.W.I.
4. Razumich, John: DUI The most commonly committed criminal offense in the United States today is the crime of drunk driving, or more accurately Operating a Vehicle While Intoxicated (OVWI). People who would otherwise never come into contact with the criminal justice system can find themselves under arrest because they have had Òone too many.Ó The legal limit for Blood Alcohol Content (BAC) while driving in Indiana is .08. This amount can easily be reached with as little as three beers, depending on the types of dinks you are having. The penalties for drunk driving can be numerous and severe. If you are convicted of this type of offense, you may lose your driving privileges for up to two years. If you have multiple drunk driving convictions, you may be required to serve at least twenty days in the county jail. You may even find yourself charged as a habitual substance offender, a felony charge that could send you to prison for up to three years. Choosing the correct attorney at this difficult time is an important decision that can have long-range consequences on your defense. ... depending on the circumstances of your arrest, you may qualify for a probationary, or Òwork licenseÓ that will allow you to keep your job at this difficult time. ÒIntoxicatedÓ is a legal term that the State needs to prove beyond a reasonable doubt. Several factors can be used to defend against the StateÕs claim that you were intoxicated, such as your gender, height, weight, and when you last ate. Additionally, legal prescription medications can sometimes cause a Òfalse positiveÓ with the blood alcohol test that makes it seem as though you were intoxicated. There may also be a problem with the way you were stopped, with the way the intoxication tests were administered to you, with the qualifications of the officer administering the test, or even with the equipment used to determine whether you are intoxicated. I will examine all of these issues, and help you to determine the best course for your defense. Criminal charges should never be taken lightly, and you should not make the mistake of thinking that the potential penalties of this offense will not be severe just because you may have no previous record. You deserve an attorney who will fight to safeguard your rights and ensure that everything that can be done for your defense will be done for your defense. If you have been charged with a drunk driving offense, call me immediately for your free consultation; it may be the most important call that you will ever make.
5. Smith Rayl: * Felonies * Misdemeanors * Criminal Appeals * Drug cases * Sex offenses * OWI/Traffic cases * Sentence Modifications * Expungements * Burglary/Robbery * Juvenile cases * White collar crime
6. Wallace Little: That criminal record can have many implications down the road, such as the following: * Your job options in the future may be limited. * You may encounter roadblocks when you try to exercise simple choices in life such as traveling to Canada (you are likely to be blocked from entering), adopting a child someday or running for political office. * Your driving privileges may be suspended. A driver's license suspension may put your ability to make a living at risk. * You may be asked to pay large fines. * You may spend time in jail, or even prison
7. Lieb, James: * Criminal Defense * Divorce and Custody * Child Protective Services Cases * Guardianships * Juvenile Law * Civil Rights * Civil Litigation * Appeals * Personal Injury * Social Security Disability * Business Law * Employment and Labor Law * Wills and Trusts * Elder Law * Probate Law * Real Estate Law * Tax Law * Landlord-Tenant Law * Traffic Court * Zoning * Any and all legal issues you may have
8. Coffey, Daniel: F THE OFFICER DID NOT READ ME MY MIRANDA RIGHTS, CAN THE CASE BE DISMISSED? No. As a general rule, it is never that cut and dry. Not until there is what is called a Ôcustodial interrogationÕ is the officer obligated to advise of your Miranda warnings. This is always fact sensitive. In Indiana there will be times when Miranda will apply to a DUI/DWI arrest and search, and when it will not. We can explain those intricacies for you at length. VOLUNTEERING INCRIMINATING STATEMENTS: You have the choice from the moment the officer first approaches you to answer his questions. You must supply your driverÕs license and registration. It is always paramount to treat him or her with respect, and should be done in all of your responses. However, it is unlikely at this initial meeting that the first words out of the officer's mouth will be to advise you about your 5th Amendment rights and Miranda. The officer has simply stopped your car at this point, and knows nothing about you. At this stage the officer has no obligation to give you a Miranda warning. You never are required to make incriminating statements against yourself. This may well be the most significant, and frequently made mistake by the person stopped on suspicion of DUI/DWI. It is a natural tendency to want to explain the two glasses of wine with dinner, or to appeal to some sense of pity for your situation, or proximity to one's abode. Thinking you may try to 'talk one's way out of it' . When in fact, as an overwhelmong rule, every incriminating word out of your mouth invariably can, and will, be replayed in front of a Judge or a Jury of your peers. You Have The Right To Remain Silent. Again, fact sensitive, depending on your situation, but when in doubt......... There is Wisdom in that paraphrased Ancient Proverb: SILENCE CAN BE GOLDEN. WHAT HAPPENS IF I REFUSE THE BREATH TEST? AND, CAN I CHOOSE WHICH KIND OF TEST I WANT? In Indiana, refusing the test has severe penalties if the prosecution is able to prove a knowing refusal. On a first DUI offense your license can be suspended for one year on the refusal, in addition to whatever penalty on the merits of your case. If you have a prior DUI conviction and refuse, your license can be suspended for two (2) years just on the refusal aspect. More and more jurisdictions on a ÔrefusalÕ to submit to a breathalyzer, seek and obtain a warrant for a blood draw. This blood draw can be obtained without your consent. The bottom line, particularly in light of this warrant option: It is not useful, or productive, for you to refuse the test. And no, ....you do not generally get to ÔchooseÕ your alcohol test. If there is an accident or other extenuating circumstance, the officer may seek to do a blood test. You can ask, but do not believe your choice needs to be honored. It is standard practice for the officer to offer the Breath test. Click Here to See A Blood Alcohol Chart IS A .08 BAC TEST RESULT FOR ME THE END OF THE LINE? ABSOLUTELY NOT. This can be one of the most longterm mistakes a person facing a DUI/DWI can make. In fact, lifelong. That is, to assume they have no defense to such a test result and must plead guilty. The variation that can occur with the average ÔbreathalyzerÕ result occupies decades of heated debate in precedent and in the courtroom. Before you Plead Guilty to Anything - Consult an experienced Trial Attorney versed in the Defense of DUI/DWI Prosecutions. VALID ISSUES, SOURCES OF ERROR ON BREATH TESTING: * Heartburn, Acid Reflux and Alveolar Air * ÔMouth AlcoholÕ and waiting periods. * Testing during the Ôabsorptive periodÕ * Invalid assumptions on the Blood/Breath Partition Ratio * Body Temperature: Illness, higher temperature. * Breath from the lungs versus from lower in the stomach * Demands from officer to Ôbreath harder, harderÕ. * Effect of burping during and/or prior to testing. * Incomplete purging of the machine and the Ôair blankÕ test * The diabetic , or near diabetic, driver. * Hematocrit: Solid particles to plasma in oneÕs blood. Breathalyzer results are a higher BAC with persons who have blood with a higher hematocrit percentage. Simple blood tests establish a personÕs hematocrit. * Individual Stress and Breathing: Holding oneÕs breath, or the reverse, hyperventilating, can cause significant fluctuation in the breath test, affecting blood flow and blood pressure. Most legal experts in DUI / DWI / OWI agree that the Ôblood testÕ on DUI cases is the most accurate, though obviously much more time consuming on law enforcement. The Ôurine testÕ on a DUI / DWI / OWI case is also considered the least accurate, for a variety of reasons, not the least of which is the time element involved in the bodyÕs processing the alcohol. Breath testing for DUI cases has been for years the generally accepted alternative in between the two in terms of accuracy and reliability. ABOUT FIELD SOBRIETY TESTING: While there are a number of tests that arresting officers can and do ask drivers to perform, it is generally subject to the OfficerÕs time, patience, creativity and training. They are not designed to help a ÔsuspectÕ prove his sobriety. They are designed to subtract points from a hypotheitcal perfect performance of each test. Many experts in Criminal Defense consider them historically unreliable. THE PURPOSE OF Sobriety Testing FIELD SOBRIETY TESTS: To compare your performance on ÔstandardizedÕ testing procedures, with a purported approximate 70% reliability factor to establish intoxication. Unlike the mandatory penalties for Refusing a Breath/Blood test, there is no such license suspension punishment for declining to perform FSTÕs in Indiana If it is going to help your situation, you would be foolish to not oblige his invitation to take them. It is becoming more prevalent that these FSTÕs are on video camera from the officersÕ police vehicle and can be very useful at a trial in your case. Sobriety Tests You May Encounter: In DUI / DWI investigation your Criminal Defense Attorney should always be prepared to challenge these. 1. Reciting Random Sections of the AlphabetÉÉ Backwards: We submit this is challenging to perform on oneÕs best alcohol-free days. 2. Balance Test: Being asked to pick a coin off of the street, to assess degree of difficulty in maintaining balance. 3. Pupil Contraction to Penlight: Fraught with subjectivity. Designed to be nearly impossible to dispute long after the night in question. 4. Finger-to-Nose Test. With points subtracted for numerous imperfections in performance, significant as well as minor. Sobriety Tests You Are Most Likely To Encounter: In Marion, Hamilton, Johnson, Hancock Counties It is imperative that your DUI/DWI Defense Attorney be as familiar with these tests as the Officer conducting them. The National Highway Traffic Safety Administration through a series of research determined there is a battery of three (3) field sobriety tests, administered and evaluated in a standardized manner to obtain validated indicators of impairment to establish probable cause for arrest. These have come to be known as the Standard Field Sobriety Tests (SFSTÕs), and are the most frequently used by law enforcement today. Though, standardized they are, they have been successfully challenged in Court since their inception. There is a clear subjective element to all of this testing, when an officer meets for the first time the 'suspectÕ. 1. Horizontal Gaze Nystagmus: An involuntary jerking of the eye which occurs naturally as oneÕs eyes gaze to the side. Often performed while a flashlight is directly in your face. Nystagmus may be exaggerated and may occur at lesser angles when alcohol consumtion is involved. Examiner is looking for three indicators of impairment in each eye. 2. Walk and Turn: Usually 9-10 steps, heel-to-toe, along a straight line, turn on one foot and return in the same manner the opposite direction. Theory is that impaired persons have hard time following oral instructions while performing simple physical exercises. Examiner looks for eight (8) indicators of impairment. NTSA research indicates that 68% of persons who exhibit two or more indicators in this test will have a BAC of .10% or greater. 3. One Leg Stand: Suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (one-one-thousand, two-one-thousand, etc.) until told to put oneÕs foot down. The officer times the subject for 30 seconds. (That we submit, is a long time, though standard.) He is looking for four distinct indicators of impairment. NTSA research, again 68% of the time, says 2 of the 4 indicators, the person will have a BAC over .10%. The officer has (usually) never met you, and he has no idea what difficulties you would have performing these tests on alcohol or void of alcohol. The officer's interpretations are obviously subjective, and usually there are no other witnesses while the officer is conducting these. They are generally performed in the headlights of the police vehicle, frequently with the red or blue lights blazing, on the side of the road, often rather late at night, in a setting that any normal human would find stressful to say the least. More and more jurisdictions are providing cameras for the police vehicle to record much, if not all, of this field testing. These videos are subject to your defense attorney requesting and obtaining them through the ÔdiscoveryÕ process. These are vital often to a proper defense.
9. Eskew & Strup: DWI Vs DUI Unfortunately, in todayÕs society, the acronym of DWI and DWI has become very commonplace and heard in all types of circles. Sadly, these are clear indications of the growing problem with drunk driving and alcohol related incidents. And although often interchangeable, there are differences between DWI and DWI. Driving Above the Legal Blood Count Limit DWI stands for Driving Under the Influence whereas DWI stands for Driving While Intoxicated. Although at first they may seem the same, DWIs are issued to those who have been driving with above the legal limit of alcohol in their system, while those issued with a DWI, constitutes a driver who is on drugs or alcohol and their ability to operate a vehicle safely has been impaired. While these are very serious offenses, there are times when a person charged with a Driving While Intoxicated offense or DWI could have the charges dismissed with the assistance of a skilled DWI attorney. It is for that reason that itÕs critically important that you contact the qualified DWI attorneys at www.IndianapolisDWI.com immediately. Field and Sobriety Tests for DUI & DWI In the matter of DUI or DWI, opinions about the incident are gathered at the scene by police officers. Once the accused has been stopped or confronted by a police officer, different types of exercises such as a sobriety test, breathalyzer test or blood alcohol tests may be administered and given to indicate whether the suspected person is in fact impaired and whether they are considered safe drivers. The alleged act is scrutinized through a field of roadside sobriety tests along with observations regarding the way the driver behaves, speaks and walks. Police officers carefully study the manner and demeanor of the driver of the automobile to determine whether they are in fact Driving under the Influence (DUI) or Driving while Intoxicated (DWI). Alcohol Related Charges Whether you face DUI or DWI alcohol related charges, the DWI lawyers at Indianapolis DWI are here to help. Offering a host of legal solutions can be very beneficial in a crisis and can support you when determining what your next step should be. DonÕt take chances by being haphazard about your DWI. If youÕve been stopped, ticketed or arrested for a DWI or a DWI, the situation is very serious. DonÕt delay!
10. Zoeler, Christopher: Consequences for drunk driving are serious. If convicted, you could be confronted with a loss of your driver's license, inability to be insured, fines, court costs and possible imprisonment. Whether you are dealing with your first offense, an underage DUI or are facing a felony offense, quickly contacting an experienced attorney can increase your DWI defense options. Drunk Driving Charges Depending upon the geographical area where you were arrested, charges for drunk driving can vary in name. The following is a list of common charges and their acronyms: * DUI Ñ Driving Under the Influence * DWI Ñ Driving While Intoxicated * OWI Ñ Operating While Intoxicated * OVWI Ñ Operating a Vehicle While Visibly Impaired * OMVUIL Ñ Operating a Vehicle Under the Influence of Liquor Blood Alcohol Content Testing In Indiana, police officers have the option of choosing a blood test, breath test or urine test to determine a suspect's Blood Alcohol Content (BAC) in DUI arrests. Do not refuse a test. If you refuse a breathalyzer, blood or urine test, you will automatically be subjected to a suspended license for a maximum of one year, regardless of guilt.
11. Cohen Garelick & Glazier: * Business and employment law * Tax planning and tax disputes * Real estate and construction law * Personal injury cases and wrongful death claims * Estate planning and probate * Criminal defense * Family law and divorce