Indianapolis DUI/OWI/Drunk Driving Lawyer

For many, facing a drunk driving arrest can be a very intimidating experience and like most, it may be your first encounter with the law. Over the years, OWI and DUI penalties in Indiana are tougher. That means an Indianapolis DUI/OWI lawyer is needed to help if you’ve found yourself in this situation.

What is an Indiana DUI lawyer?

A lawyer is a trained professional who has a law degree and has passed the bar exam in the state that they practice in. Once an attorney passes the bar exam and is admitted to practice law, they must obtain a particular amount of continuing education courses per year. These continuing education hours ensure that attorneys keep their licenses and maintain a current and sharp skills set. Lawyers who focus on a particular area of law spend the majority of their time litigating and practicing a specific area of law.

How is an Indianapolis DUI lawyer different than other types of lawyers?

An Indianapolis, Indiana DUI lawyer will typically spend a higher amount of time on these offenses, versus another type of law. In the State of Indiana, if someone is found to be driving while under the influence of alcohol, they could be charged with Operating a Vehicle While Intoxicated, also known as OWI or OVWI.  Operating a Vehicle While Intoxicated charges can range from misdemeanors to felonies, depending on criminal history.
DUI/OWI drunk drivingMany individuals are not aware of their rights when fighting a DUI case and fail to realize that it is possible to challenge DUI charges, even if the blood alcohol content is high. However, the higher your blood alcohol concentration is, the stiffer the penalties. Not to mention, the mandatory fees required by law make DUI charges one of the most expensive criminal charges in Indiana.

It is essential to have an Indiana DUI/OWI attorney to protect you. At Hayes Law, we pursue every legal option available and take into consideration that being charged with a DUI can have a substantial impact on your ability to drive and may adversely affect your personal and professional reputation.

When should I get an Indiana DUI Lawyer?

An Indiana DUI lawyer is trained to navigate these criminal laws and procedures to ensure that the defendant gets the best representation possible.  An Indiana DUI attorney will have the knowledge and communication skills necessary to negotiate with prosecuting attorneys throughout the duration of the criminal proceedings. The local DUI lawyer will also be there to ensure that the defendant understands his or her rights and options.

A Drunk Driving Defense

As your criminal defense lawyer, we will examine the facts of your case and determine the answers to some of these key components that may impact the outcome of your case. We will:

  • Explore if the arresting officer had sufficient cause to stop your vehicle.
  • Determine whether the officer who performed the stop on your vehicle, properly administered the breath, blood or a urine exam or field sobriety test.
  • Get evidence against you suppressed if it was in fact, unlawfully obtained.
  • Depending on the specifics of your arrest and processing, we will firmly litigate a potential dismissal, not guilty verdict upon trial, or settle a favorable plea agreement that enables you to avoid a criminal conviction.

 

The Indiana Code outlines the possible charges for a drunk driving offense:

IC 9-30-5-1 Class C misdemeanor; defense

Sec. 1. (a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per:

(1) one hundred (100) milliliters of the person’s blood; or

(2) two hundred ten (210) liters of the person’s breath;

commits a Class C misdemeanor.

(b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:

(1) one hundred (100) milliliters of the person’s blood; or

(2) two hundred ten (210) liters of the person’s breath;

commits a Class A misdemeanor.

(c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s body commits a Class C misdemeanor.

(d) It is a defense to subsection (c) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner’s professional practice.

IC 9-30-5-2 Class A misdemeanor

Sec. 2. (a) Except as provided in subsection (b), a person who operates a vehicle while intoxicated commits a Class C misdemeanor.

(b) An offense described in subsection (a) is a Class A misdemeanor if the person operates a vehicle in a manner that endangers a person.

IC 9-30-5-3 Level 6 or Level 5 felony; previous convictions; passenger less than 18 years of age

Sec. 3. (a) Except as provided in subsection (b), a person who violates section 1 or 2 of this chapter commits a Level 6 felony if:

(1) the person has a previous conviction of operating while intoxicated that occurred within the five (5) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter; or

(2) the person:

(A) is at least twenty-one (21) years of age;

(B) violates section 1(b) or 2(b) of this chapter; and

(C) operated a vehicle in which at least one (1) passenger was less than eighteen (18) years of age.

(b) A person who violates section 1 or 2 of this chapter or subsection (a)(2) commits a Level 5 felony if:

(1) the person has a previous conviction of operating while intoxicated causing death (IC 9-30-5-5); or

(2) the person has a previous conviction of operating while intoxicated causing serious bodily injury (IC 9-30-5-4).

Can you represent yourself in a DUI court case?

It is possible to represent yourself in court in your DUI/DWI case. You can post bail, plead guilty or make a plea deal and, if you’re lucky, you might achieve the same results as an Indiana DUI attorney. However, it is highly suggested that you reach out to Indianapolis DUI lawyer, Hayes Law Office at 317-759-1515.

When you need an Indianapolis OWI Lawyer we are there.

 

If you are convicted of a drunk driving offense, the penalties can result in a license suspension, and a jail, or probation sentence. A drunk driving conviction may also affect your employment opportunities. Regardless of the circumstances of you case, Attorney Phillip Hayes will work aggressively to provide you with a viable defense through thoughtful skill and effort. As your defense team, we will devise strategies designed to seek the best possible outcome on your behalf. Contact Indianapolis DUI/OWI lawyer Hayes Law Office to schedule a free consultation. Call 317-759-1515 or email the office.

Serving Clients in:

  • Anderson
  • Avon
  • Beech Grove
  • Brownsburg
  • Carmel
  • Fishers
  • Geist
  • Greenfield
  • Greenwood
  • Indianapolis
  • Pittsboro
  • Westfield
  • Zionsville