Merkley Law Office:
What you need to know if you're arrested for drunk driving.
What is O.W.I.? Operating While Intoxicated.
What is the legal limit for blood alcohol content? Indiana?s legal limit is .08% and only .04 for commercial drivers license (CDL) and only .02% for those under 21.
Are you required to submit any chemical (blood, breath or urine) test offered by an officer? Yes. There is a one year license suspension if the driver refuses to submit to a chemical test.
What happens to my license if I fail a chemical test? It will result in a 180 days administrative suspension of your driving privileges.
What are the penalties for my first drunk driving conviction? The first offense is a misdemeanor and carries a minimum of 90 days license loss up to two years. The conviction also carries a possible penalty of one year in hail and a fine of $5,000.00. A per se violation at .08% carries a possible penalty of 60 days in jail and a fine of $500.00.
What are the penalties for my second drunk driving conviction? If the second conviction is within five years of the first can be charged as a felony. The minimum license suspension is one year with a maximum of two years. You could receive three years in jail and a fine of $10,000.00. The felony could be reduced to a misdemeanor with the same incarceration and fines as the operating while intoxicated charge, one year in jail and a $5,000.00 fine. An additional offense within five years since the last conviction would still be a misdemeanor and carry the above penalties. The license suspension would be a minimum of 180 days up to two years.
What happens if I receive three drunk driving convictions within a ten year period? It would result in a determination that you are a Habitual Traffic Violator and a loss of your driving privileges of ten years.
Can I get my case dismissed if the arresting officer never gave me a ?Miranda? warning? No. The officer is supposed to give you the warning. Often, however, they do not. The only consequence is that the prosecutor cannot use any of your answers to questions asked by the police after the arrest.
Can I represent myself? What can an attorney do for me? Yes, you can represent yourself ? although it is not a good idea. Drunk driving laws are very complex with increasingly harsh consequences. There is minefield of complicated issues such as procedural, evidentiary, constitutional, sentencing, and administrative licenses. The attorney will analyze your case looking for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for lesser charge or reduced sentence, obtain expert witnesses for trial, contest administrative license suspensions, etc.