Facing DUI/OVWI charges—even for the first time—involves serious consequences. The Indianapolis DUI defense attorney at Hayes Law Office understands the weight of these charges and the possible consequences of a conviction. Criminal defense lawyer Philip Hayes explores and communicates all possible options available to each client. He fights to find the best outcome. Even if the arrest was a first-time mistake, a conviction will result in serious consequences. Instead of accepting the consequences of a conviction, you have the opportunity to defend yourself and fight your DUI charges.
The Indianapolis DUI defense lawyer at Hayes Law Office knows what is at stake with DUI charges. Moreover, he understands the consequences that follows a conviction. Attorney Hayes does not settle for second-best outcomes in his criminal defense cases. He fights to protect clients — while exploring all potential strategies to overcome the DUI charges. When necessary, he works to minimize the potential consequences. To learn how Hayes Law Office fights to protect the rights of clients, call (317) 759-1515. Hayes Law Office represents clients throughout the Indianapolis area, including in Hamilton, Johnson, Hancock and Marion counties.
Hayes Law Office Builds Strong DUI Defense Strategies
Whether your charges involve allegations of drugs or alcohol, your attorney should consider all options to defend against DUI charges. Hayes Law Office takes the time to gather all the necessary information in each case before considering what method of defense is right under the unique circumstances of the case. Common defense strategies include:
- Challenging illegal traffic stops
- Uncovering the mishandling of evidence
- Exposing improper maintenance or questionable testing equipment
- Highlighting police errors
The DUI defense attorney at Hayes Law Office knows that each of his clients comes to the law firm with a unique situation. Mr. Hayes takes it upon himself to make sure that he does everything in his power to provide each client with the unique representation they deserve.
Indiana OWI/DUI Laws
If the officer detects a BAC of .08% or higher, you will likely face charges for driving under the influence. In the State of Indiana, the charge is officially Operating a Vehicle While Intoxicated. These charges are known as OWI, OVWI and more commonly DUI. These charges range from misdemeanors to felonies, depending on the circumstances and your criminal history.
The following are the potential penalties for a drunk driving offense in Indiana:
- A conviction for a first-time DUI charge includes the potential for a jail sentence of up to one year, fines of up to $5,000 and a suspended license of up to two years.
- An arrest for a repeat-DUI offense in Indiana may bring felony charges. A conviction for a second DUI offense within 5 years of the prior conviction, includes a minimum of five days in jail, with the potential for up to 2.5 years in prison. A fine of up to $10,000 is possible. The person also faces a maximum 2.5-year license suspension.
- For a third DUI-conviction, the minimum jail prison time rises to 10 days. A fine of up to $10,000 is available to the judge, and the license suspension ranges from 2.5 years up to ten-years, depending upon the circumstances.
DUI Traffic Stops And Checkpoints
When performing a DUI check or a traffic stop, law enforcement officers use several methods for detecting if you are driving under the influence. In Indiana, more traffic stops are common in metropolitan areas. Some officers will stop random drivers who are doing suspicious behavior hoping to find that the driver is driving under the influence. Common reasons for a stop include driving too slow or fast, failing to follow the proper signals, or even swerving between lanes.
If police believe they have probable cause for DUI, police will usually request that the driver perform a Breathalyzer test. The test seeks to determine blood alcohol levels with a BAC of 0.8% as the legal limit. Failing this test will lead to DUI charges, a possible suspension of your license and jail time.
Field Sobriety Tests
Three roadside tests are known as the Standardized Field Sobriety Tests:
Horizontal Gaze Nystagmus (HGN) Test
Officers look for involuntary eye movements called nystagmus, the onset prior to 45 degrees deviation. In lay terms, terms, officers use an object—usually a pen – to track the driver’s focus. They look for a lack of smooth pursuit of the eye in tracking the object, rapid and involuntary eye movement to evaluate for potential alcohol impairment.
Walk-And-Turn Test
This is a form of multi-tasking test where the officer instructs the driver to count while taking nine or ten steps. The person must then turn around and return to the starting point while counting off the steps.
One-Leg Stand Test
Here the officer will have you stand on one leg and hold this position until instructed that the test is complete.
While performing these tests, the officer is looking for signs that you are under the influence. These signs could be loss of balance, slurred speech or incorrectly following the instructions.
Hiring a DUI attorney in Indianapolis like Hayes Law Office is low cost — and worth paying — to potentially minimize the consequences. Penalties include the loss of your license, the potential loss of your job, or in some cases going to jail. If you or someone you know, is facing DUI charges in the Indianapolis area, Attorney Hayes is ready to fight for you.
DUI Penalties in Indiana
Driving under the influence (DUI), also known as operating while intoxicated (OWI) in Indiana, comes with serious consequences that grow harsher with each offense. Below is an overview of what to expect based on the number of offenses on your record.
First-Time Offender
If you are charged with a DUI for the first time in Indiana, penalties can include:
- Jail Time: Up to 60 days (or up to 1 year if your BAC is over 0.15%).
- Fines: Up to $500 (or up to $5,000 for high BAC levels).
- License Suspension: Typically 180 days, but you may qualify for a restricted license.
- Probation: Possible probation or court-ordered substance abuse programs.
First-time offenders may avoid jail time through probation, treatment programs, or community service, depending on the circumstances.
Second-Time Offender
A second DUI offense within 5 years is a more serious charge with the following penalties:
- Jail Time: From 5 days up to 2.5 years.
- Fines: Up to $10,000.
- License Suspension: A minimum of 1 year, and up to 2.5 years.
- Ignition Interlock Device: You may be required to install a breathalyzer device in your vehicle.
Repeat offenders are often required to undergo treatment programs or extended probation.
Third-Time Offender
A third DUI offense is typically charged as a felony and comes with severe consequences:
- Jail Time: 10 days to 3 years, with a potential longer sentence if injuries or deaths occurred.
- Fines: Up to $10,000.
- License Suspension: 1 to 10 years.
- Habitual Offender Status: This designation can lead to harsher penalties.
Third-time offenders are more likely to face long-term consequences such as mandatory treatment, stricter probation terms, or permanent loss of driving privileges.
How to Beat an OWI in Indiana
Fighting an OWI charge in Indiana is possible with the right strategy and legal defense. Here are possible approaches based on individual circumstances:
- Challenge the Traffic Stop: If the officer did not have a valid reason to stop you, the case could be dismissed.
- Question the Test Results: Breathalyzers and blood tests must be administered and calibrated correctly. Errors in testing can invalidate the results.
- Prove Lack of Impairment: Just because your BAC was over 0.08% doesn’t always mean you were impaired. Witness testimony or expert opinions can support your case.
- Argue Constitutional Violations: If your rights were violated during the stop, arrest, or testing process, evidence might be excluded.
- Explore Plea Options: In some cases, it may be possible to negotiate for a lesser charge or a diversion program.
Fight A Lifetime Of Consequences
A DUI conviction will likely lead to an impact on your driver’s license, potential time in jail and costly fines. You need to be sure you are fighting for the best possible outcome in your case. If you are facing DUI (OWI In Indiana) charges, contact Hayes Law Office today. Call the Indianapolis office at (317) 759-1515 or email the firm here to request your initial consultation.
