Best DUI & DWI Lawyers in Indiana

About DUI & DWI Law in Indiana, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in Indiana. Commonly referred to as OWI (Operating While Intoxicated) in Indiana law, these charges arise when a person operates a vehicle with impaired abilities due to alcohol, drugs, or both. Indiana enforces strict penalties for those convicted, with consequences ranging from fines and license suspensions to potential jail time. Understanding these laws is crucial for anyone facing DUI or DWI charges in this state.

Why You May Need a Lawyer

Legal representation is important when dealing with DUI or DWI charges in Indiana due to the complexity of the laws and the potential for significant consequences. Here are common situations where legal help is essential:

- First-time offenders facing potential license suspension or fines
- Repeat offenders at risk of enhanced penalties or felony charges
- Cases involving accidents, injuries, or property damage
- Situations where the accused's livelihood depends on a clean driving record
- Circumstances where blood alcohol content (BAC) test results or procedures are disputed
- Non-citizens facing immigration consequences due to a DUI conviction
- Individuals seeking plea deals or alternative sentencing options
- Anyone unfamiliar with the Indiana court system and its procedures

An experienced attorney can help in reviewing the evidence, negotiating with prosecutors, protecting your rights, and guiding you through the legal process.

Local Laws Overview

Indiana law classifies DUI offenses under Operating While Intoxicated (OWI) statutes. Key aspects include:

- The legal limit for blood alcohol content (BAC) is 0.08 percent for most drivers. For commercial drivers, the limit is 0.04 percent, and for drivers under 21, it is 0.02 percent.
- Refusing to submit to a chemical test (such as breath, blood, or urine tests) can result in an immediate license suspension, even before a court hearing.
- Penalties for a first offense may include up to one year in jail, fines up to $5,000, and a license suspension ranging from 90 days to two years.
- Enhanced penalties apply if your BAC is 0.15 percent or higher, if there are prior offenses, or if a minor was present in the vehicle.
- Repeat offenses can be charged as felonies, resulting in more severe penalties.
- Indiana participates in the Interstate Driver's License Compact, meaning an OWI in Indiana can affect your driving privileges in other states.
- Ignition interlock devices may be required for certain offenders.

These laws are enforced rigorously, making it vital to understand your rights and obligations if you are stopped or charged.

Frequently Asked Questions

What is the difference between DUI, DWI, and OWI in Indiana?

In Indiana, OWI (Operating While Intoxicated) is the official term used for what many other states call DUI or DWI. All three terms refer to driving a vehicle while impaired by alcohol or drugs.

What happens after being arrested for OWI in Indiana?

After an OWI arrest, your driver's license may be suspended, and you will likely have a court date set. You may also need to undergo alcohol or drug assessment. Legal representation is strongly recommended.

Can I refuse a breathalyzer or blood test?

Yes, but refusing a chemical test can lead to an automatic license suspension and can be used as evidence in court. Indiana has implied consent laws requiring you to submit to testing if requested by law enforcement.

What are the penalties for a first-time OWI in Indiana?

Penalties may include up to one year in jail, fines of up to $5,000, and a driver's license suspension for at least 90 days. Higher BAC levels, accidents, or having a minor in the car can lead to greater penalties.

Are there harsher penalties for multiple offenses?

Yes. Repeat offenses within five years or causing injury or death can result in felony charges, longer jail terms, higher fines, and longer license suspensions.

Will a conviction affect my driving record or insurance?

Yes. An OWI conviction will be recorded on your driving record and can significantly increase your insurance premiums. It can also result in lost driving privileges.

Can I get an OWI expunged in Indiana?

Under specific circumstances and after meeting eligibility criteria, an OWI conviction may be expunged from your record. There are waiting periods and requirements that apply, and not all cases are eligible.

What should I do if I am stopped for suspected OWI?

Remain calm and respectful, provide requested documentation, and be aware of your rights. You have the right to remain silent and to request an attorney before answering questions beyond basic identification.

Do I need a lawyer if I plan to plead guilty?

It is still highly advisable to consult a lawyer. A legal professional can review your case for possible defenses, ensure your rights are protected, and potentially negotiate for reduced charges or penalties.

How long will my license be suspended after an OWI conviction?

The suspension period varies depending on the offense, prior convictions, and whether you refused a chemical test. It can range from 90 days for a first offense to several years for repeat or aggravated cases.

Additional Resources

Here are some helpful resources and organizations related to DUI and DWI in Indiana:

- Indiana Bureau of Motor Vehicles (BMV) for license and reinstatement information
- Indiana Criminal Justice Institute for DUI prevention programs and statistics
- Local county court websites for court procedures and forms
- Indiana State Bar Association for lawyer referral services
- Local legal aid organizations for those in need of cost-effective representation

These can provide important information and support if you are facing DUI or DWI charges.

Next Steps

If you are charged with DUI, DWI, or OWI in Indiana, it is important to act quickly. Here are steps you should consider:

- Do not admit guilt or discuss your case details with law enforcement without legal representation
- Collect and keep all paperwork related to your arrest and charges
- Seek out a qualified attorney experienced in Indiana OWI/DUI cases
- Attend all court dates and comply with instructions from authorities
- Explore eligibility for license reinstatement, plea options, or diversion programs
- Reach out to support resources and stay informed about your legal rights and responsibilities

Proper legal guidance can make a significant difference in the outcome of your case and help minimize the long-term consequences of a DUI or DWI charge in Indiana.