Defending an OWI/DUI Case
This is a blog post that will help you understand the peculiarities of defending an OWI case. Learn more from experienced attorneys!
If you have been charged with operating while under the influence (OWI) or driving under the influence (DUI) in Indiana, you probably have questions. What are the punishments for violating drunk driving laws and how can you fight an OWI charge? You can get the answers you need with help from an experienced Indiana DUI attorney.
Drunk driving charges and DUI charges are also referred to as OWI charges. You can be charged with an OWI under Indiana OWI laws if you operate any type of motor vehicle while under the influence of drugs or alcohol. Since OWI charges are criminal charges, the state needs to prove all of the following to convict you of this crime:
An experienced OWI attorney can help you defend against the state's requirement to prove these elements.
The most complicated part of proving most OWI charges is proving that the driver was legally intoxicated. Under Indiana DUI laws, intoxication is based on blood alcohol content (BAC). The legal BAC in Indiana is less than 0.08 BAC. If your BAC is any higher than 0.08 BAC while operating a motor vehicle, you can be charged with an Indiana DUI.
Since police officers don’t always know whether you are intoxicated, they use several methods to determine whether you are beyond the BAC limits:
If any of these tests prove or provide probable cause that you are beyond the legal alcohol limit in Indiana, you will be charged with an OWI and probably arrested on the spot. You can refuse to take these tests, but may face license suspension consequences and arrest.
Indiana DUI penalties depend on a variety of factors. The punishment for DUIs can include jail time for drunk driving and/or the suspension of your license. Penalties for drinking and driving also depend on how many times you have previously been convicted for drunk driving and whether you refused a breathalyzer test.
Usually, a first offense DUI will be punished as a misdemeanor offense. If you have injured or killed another or endangered the life of a minor due to driving under the influence, you will be charged with a felony instead.
The drunk driving penalties for a non-felony first offense can include:
Additionally, due to Indiana implied consent laws, if you refuse to take a breathalyzer test, you will receive a one-year suspension of your license regardless of whether you are convicted of a DUI. That suspension is in addition to any other suspension.
Unless you enter into a plea agreement, all of the previous punishments are at the discretion of the sentencing judge and you may receive any or all of them if convicted at trial.
Indiana DUI penalties are significantly more severe for your second drunk driving offense. You will almost always receive jail time for drunk driving with your second offense, and drunk driving laws increase the charge to a felony offense if your second offense occurred within seven years of your initial offense.
If you are convicted of a second offense DUI in Indiana, you can be penalized with:
Under Indiana DUI laws, either jail or community service is mandatory. The sentencing judge decides which one if you plead guilty without a plea agreement or are convicted at trial. If there is an agreed upon plea agreement, the judge will simply reject or accept the plea. You can also be granted limited driving privileges during your suspension, but only if you didn’t refuse a test and only with an interlock device.
The penalties increase again for your third offense and any following offenses. You are assigned habitual offender status if you have 3 OWI convictions in 10 years or if you have other convictions such as reckless driving or leaving the scene of an accident. The possible penalties for a third offense include:
If you are driving a commercial motor vehicle (CMV) when you get an Indiana DUI, most of the penalties are the same except for license suspension. Your commercial driver’s license (CDL) will be suspended through the Department of Transportation for one year after a conviction, or three years if you were transporting hazardous materials.
After a second conviction, your CDL will be revoked for life. Additionally, the legal alcohol limit in Indiana when driving a commercial vehicle is lower. If your BAC is 0.04 or higher while driving a commercial vehicle, you will be cited under IC 9-24-6.1-6.
Because the legal drinking age is 21 years old, the minimum BAC for an underage driver is 0.01. Any higher, and you will have your license suspended for up to 90 days, in addition to any other penalties. However, drivers under 21 also benefit in one way. They won’t be charged with a felony if driving with individuals under the age of 18 years old.
If you have had your driver’s license revoked due to a DUI, you can apply for the court to grant you special driving privileges. You are eligible for these privileges only if you did not refuse a breathalyzer test before or after your arrest. If the judge chooses to grant you these privileges, you will be required to install an ignition interlock device (IID) on your vehicle.
The judge is not required to grant your request and any costs are in addition to any fines you owe. Furthermore, you will receive additional punishment if you try to circumvent your IID.
Usually, operating while intoxicated in Indiana is a misdemeanor offense. However, Indiana drunk driving laws increase the offense to a felony when certain aggravating factors exist:
A qualified Indiana criminal defense attorney can evaluate your case to determine whether it is a felony or misdemeanor.
The least severe felony you can be charged with for a DUI is a level 6 felony. This felony is earned in one of two ways:
The minimum penalty for this level of offense is six months, and the maximum penalty is two and a half years. The advisory sentence is one year.
An Indiana DUI is charged as a level 5 felony if the accident results in serious bodily harm to another person. Alternatively, even if no one was hurt, you will receive a level 5 felony if you were previously convicted of a DUI accident where:
This conviction carries a minimum sentence of one year and a maximum sentence of six years. The advisory sentence is three years.
The most serious offenses are level 4 felonies. To receive a level 4 felony from a DUI, your actions must have resulted in:
The minimum penalty for a level 4 felony is two years, and the maximum penalty is 12 years in prison. The advisory sentence is six years.
Criminal Indiana DUI penalties in drunk driving punishments aren’t the only potential consequences for drunk driving. After an OWI charge in Indiana, you could be subject to:
If you are lucky enough to not hurt yourself or another, drunk driving can still ruin your life.
Even if you don’t hurt anybody or damage anything, an Indiana DUI can severely impact your life. Without the help of an experienced attorney, you could end up in debt, in jail, or without the means to earn a living.
To minimize the consequences for drunk driving, contact the criminal defense services of Stracci Law Group as soon as possible to schedule a free case review.
For your first DUI offense, you can lose your license for up to one year. Later offenses could result in your license being suspended for up to 10 years. Additionally, if you refuse a breathalyzer test, your license can be revoked for one to two years.
You can be charged with a Class C infraction DUI in Indiana if you are under 21 years old and operate a vehicle with a BAC between 0.02 and 0.08. In response, the court may recommend your driving privileges be suspended for up to one year.
Indiana implied consent law allows the state to revoke your driving privileges if you refuse to take an alcohol or drug test, regardless of whether you are convicted of a crime.