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DUI Charges In Indianapolis

Facing charges of driving while intoxicated in Indiana can have significant ramifications for your finances, freedom, and reputation.

Driving while over the legal limit puts you at risk of drunk driving convictions that lead to loss of employment, jail time, and hefty fines. Class D felony convictions can bar you from certain careers and impact your voting ability while incarcerated.

dui charges Chris C. testimonialIt is crucial to secure legal representation from seasoned Indianapolis DUI attorneys who possess deep knowledge of Indiana DUI (Driving Under the Influence) laws, challenging evidence, and the criminal justice system and are committed to safeguarding your rights.

At Zentz Law, our team of skilled DUI lawyers has earned recognition for our exceptional handling of criminal defense matters, including Indianapolis DUI cases.

We know Indiana DUI law and have the legal experience to provide high-quality legal representation. It’s the goal of our law firm to secure the best possible outcome for DUI cases.

Understanding How Indiana Law Defines OWI Cases

While defining drunk driving offenses (or DUI offenses) may seem straightforward, it entails nuances that require careful consideration.

The two primary elements for meeting the legal definition of operating while intoxicated:

  • Operation of a motor vehicle
  • While under the influence

The concept of “operation” is not unequivocal. Indiana law defines an “operator” as someone who operates a motorized vehicle on land or water.

However, one does not necessarily need to be actively operating the vehicle when apprehended by the police to be considered “operating” it.

What If I’m Charged With Driving Under The Influence, But I Was Parked?

Your vehicle does not have to be in motion for you to be charged with operating while intoxicated. Circumstantial evidence that you were operating the vehicle while intoxicated is sufficient for a conviction.

For instance, being intoxicated, seated in a vehicle in a traffic lane, with the keys in the ignition, could lead to an OWI conviction, even if the individual is asleep or unconscious.

If you’ve been charged with Driving While Intoxicated, seek legal counsel immediately for the best outcome. Zentz Law criminal defense lawyers are standing by, ready to fight for your legal rights.

You’re never alone during this process. Contact Zentz Law at 317-220-6056 to schedule a free consultation with our Indianapolis DUI attorneys.

What Justifies a DUI Charge In Indiana?

Following an OWI arrest in Indiana, charges can range from Class A to C misdemeanors to felony levels, with several factors influencing the severity of the offense and associated penalties:

  • Blood alcohol concentration (BAC), indicating the presence of alcohol in the system (measured via breath or blood).
  • The presence of illegal drugs in the system leads to drug crimes and DUI charges (including legal drugs you do not have a prescription for).
  • Prior driving under the influence convictions in Indiana or elsewhere.
  • The presence of underage passengers in the vehicle while driving under the influence.
  • Involvement in an alcohol-related accident resulting in severe injury or death to another individual or a law enforcement animal.

How Is Intoxication Classified in Indiana?

The degree of intoxication or BAC also plays a critical role in convicting you of being over the limit and establishing the severity of sentencing of your DUIdui charges class A case.

Indiana classifies intoxication into three primary categories:

  • A BAC of .08 percent to less than .15 percent constitutes a Class C misdemeanor.
  • A BAC of .15 percent or higher constitutes a Class A misdemeanor.
  • For commercial drivers, the permissible BAC threshold is lower — .04 percent or higher BAC while operating a commercial vehicle is prohibited.

DUI Testing Consent in Indiana

Operating a vehicle in Indiana implies consent to chemical, blood, or urine testing, regardless of possessing an out-of-state driver’s license.

Unconsciousness is also presumed as consent, meaning unconscious individuals are likely subjected to blood chemical testing to see if they’re over the legal limit.

DUI Charges testing refusalRefusal of testing escalates the severity of penalties, leading to an automatic one-year driver’s license suspension for the initial refusal.

Indiana law states subsequent refusals for DUI testing trigger automatic two-year suspensions.

Speak with an Indiana DUI attorney today to determine if your rights were violated during DUI testing.

Understanding DUI Testing Methods

In the field breath test: Field testing commonly employs a breathalyzer test to assess the need for additional chemical testing. This sobriety test is the easiest to perform, but that does not mean it is 100% reliable.

A skilled criminal defense lawyer can still challenge it in an attempt to have your charge dismissed.DUI Charges field testing

Indiana law doesn’t require the driver to appear impaired as long as the breathalyzer detects intoxication. If failing the breathalyzer test is the only evidence of intoxication, you can be charged with a DUI offense and face a DUI conviction.

Officers must inform drivers that refusal entails automatic license forfeiture and offer the test a second time. Refusal is construed as evidence of DUI.

Blood chemical tests: For accurate results, the chemical test should occur within three hours for validity. Tests administered later may still be admissible but pose challenges from the prosecution’s standpoint.

In accident cases where the involved party suspected of DUI is injured, blood testing is mandated once deemed safe by medical personnel. 

Other sobriety tests may be performed to establish if you were driving under the influence.

While drunk driving tests may indicate impairment, their accuracy can be contested by your Indianapolis DUI lawyer as part of a comprehensive DUI defense.

Zentz Law Indianapolis criminal defense attorneys are well-versed in Indiana’s DUI/DWI laws, criminal defense strategies, and penalties for DUI offenses. We can help you challenge results and argue for lesser charges.

What If I Refuse To Undergo Blood Alcohol Testing?

Refusal to undergo a blood alcohol concentration test does not preclude an OWI charge.

Indiana’s implied consent law mandates an automatic one-year license suspension for refusal to submit to a BAC test. Furthermore, the state can seek a warrant based on probable cause to obtain the BAC test despite refusal.

It isn’t easy to get the charges dismissed if you’ve refused testing. Seek legal assistance from your legal team to discuss your options.

What Are the Penalties for DUI?

Even a first-time DUI charge can profoundly affect an otherwise law-abiding citizen.

It is imperative to engage the services of an experienced Indiana DUI lawyer promptly after an arrest to initiate the legal process of evidence gathering and defense preparation.

Every case is unique, and individuals facing various circumstances—from first-time offenders to both habitual offenders and first-time traffic violators—may encounter diverse and life-altering penalties.

Given the seriousness of DUI charges, legal counsel is crucial for the best outcome. 

At Zentz Law, we ensure a thorough case evaluation to mitigate penalties you may be facing.

Indiana DUI Penalties for First-Time DUI Offenders

A first DUI charge or DUI conviction is treated as a Class C misdemeanor. Counseling isn’t mandatory, and the license isn’t revoked unless chemical testing is refused.

Penalties typically include:

  • Up to two years of probation
  • Fines ranging from $500 to $5,000
  • Maximum one-year jail term
  • Court fees and costs exceeding $300
  • License suspension for up to two years
  • Mandatory substance abuse education
  • Attendance at a victim impact panel
  • Random urine testing for drugs and alcohol

Factors that may elevate the first DUI offense beyond a Class C misdemeanor include:

  • Presence of a passenger under 18 years old, if the driver is at least 21 years old
  • Causing serious bodily injury
  • Causing death
  • Injuring or killing a law enforcement animal

DUI convictions can be devastating, and quickly securing legal counsel is crucial to achieving the best outcome. Contact us to schedule a free consultation.

Penalties for Second-Time Offenders in Indiana

Similar to other states, Indiana imposes increasingly severe penalties for repeat DUI offenses. Second-time DUIs mandate a minimum of five-day jail time or 180-day community service.

Counseling and maintaining sobriety may also be required alongside other restrictions.

Penalties for a second offense of driving under the influence typically include the following:

  • Up to 2.5 years of probation
  • Fines up to $10,000
  • Maximum three-year jail term
  • Installation of an ignition interlock device
  • Court costs and fees exceeding $300
  • License suspension for a minimum of 180 days up to two years
  • Mandatory substance abuse education
  • Attendance at a victim impact panel
  • Court-ordered community service
  • Felony conviction on the criminal record

A dedicated Indianapolis DUI lawyer can negotiate reduced jail time with the deputy prosecutor, substituting fines and community service, but the consequences are more severe than for a second offense.

If you face DUI charges, call our Indianapolis office today at 317-220-6056. You don’t have to navigate the complexities of DUI defense alone.

Penalties for Third-Time Offenders Who Operate While Intoxicated in Indiana

Third-time DUIs incur a ten-day jail sentence and at least 360 hours of community service. A portion of the jail term must be consecutive within six months.

Penalties typically include:

  • 2.5 years of probation
  • Fines up to $10,000
  • Maximum three-year jail term
  • Court costs and fees exceeding $300
  • License suspension for up to ten years (for habitual traffic violators)
  • Mandatory substance abuse education
  • Attendance at a victim impact panel

What Is a Habitual Offender?

Designation as a habitual traffic violator under Indiana Code chapter 9-30-10 comes with severe penalties.

The label habitual traffic violator (HTV) is applied after one accumulates three convictions within a decade, especially for certain infractions such as operating a vehicle under the influence with a blood alcohol content (BAC) of .08 percent or above and reckless driving.

Penalties such as substance abuse education, probation, or installing an ignition interlock device may apply.

When someone earns the HTV status, the Indiana Bureau of Motor Vehicles (BMV) is mandated to revoke driving privileges for 5 years, 10 years, or indefinitely, based on the severity of their DUI violations.

For commercial drivers, a habitual offender conviction can result in a one- to three-year suspension of their Commercial Driver’s License.

If a habitual offender is caught driving following an official notification, they might face charges under a Level 6 felony, punishable by a period ranging from 6 months to 2.5 years in prison.

A conviction for the same offense under this felony can result in a permanent revocation of their driving license.

Additionally, operating a vehicle after a lifetime ban elevates the charge to a Level 5 felony, which is more severe and includes imprisonment for 1 to 6 years.

Contact us at 317-220-6056 to schedule a free initial consultation with our Indianapolis DUI lawyers.

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DUI Laws for Underage Drivers in Indianapolis – What You Need To Know

For drivers under 21, any alcohol level exceeding 0.02 in the driver’s system is considered a DUI and can lead to DUI convictions.

The underage driver may face additional legal consequences beyond license suspension for illegal substance use and, if alcohol is present in the vehicle, unlawful possession.

Legal Consequences of DUI-Related Injuries in Indianapolis

Blood testing (also called a chemical test) is mandatory in accidents resulting in serious bodily injuries or fatalities. If you have caused serious bodily injury you will most likely be charged with a felony.

Seriously bodily injury can include:

  • Permanent disfigurement
  • Extreme pain
  • Loss of a bodily function or organ
  • Loss of a fetus
  • Unconsciousness

Indiana DUI accidents involving injuries, when the driver is intoxicated, are Class 6 felonies, with prior DUI charges within five years resulting in upgraded charges.

Consequences of Fatal DUI Accidents in Indianapolis

Fatal accidents in Indiana carry severe consequences. They are considered Class 5 felonies and are upgraded to Class 4 with prior DUI charges.dui charges keys and booze

It can also include injuries that create a substantial risk of death.

Like other serious convictions such as murder and severe domestic violence, a felony on your criminal record will restrict some of your rights including:

  • Owning a firearm
  • Getting government education loans and need-based assistance
  • Accessing federally sponsored housing and utility assistance
  • Obtaining a professional license like nursing or social work
  • Working with vulnerable populations like children or those with a disability
  • Getting a job in a bank or financial institution
  • Voting in an election

If you’ve been charged with a felony but received a not-guilty verdict, the rights restrictions will be temporary. The felony will be removed from your record.

You should understand that after your jail time and fines end, you will still face the consequences of the felony conviction.

Choosing the Right Indianapolis DUI Lawyer To Fight Your DUI Charge

If you or a family member is facing OWI charges in Indiana, entrust your case to the capable hands of an Indiana DUI lawyer from Zentz Law.

Potential DUI Defense Strategies Your Indianapolis DUI Lawyer May Leverage

The ideal resolution is to achieve an invalid DUI charge and lift restrictions to prevent long-term repercussions.

Certain circumstances may invalidate DUI charges, such as procedural errors or appropriate medication use by defendants under 21. Entering a not-guilty plea may result in reduced sentencing or alternative penalties.

Plea bargaining can offer alternatives to doing prison time, such as community service or counseling, particularly for multiple convictions.

Aggressive Representation From a Zentz Law Indianapolis DUI Attorney

dui charges booze, key, police carTime is of the essence when dealing with Indiana DUI laws. Many individuals are understandably concerned about potential jail time or the risk of losing their employment and rights.

Our experienced Indiana DUI attorneys can assess the evidence, give legal defense, challenge any procedural errors from current or former prosecutors, and work to achieve the best possible outcome for your case.

If you or a family member is facing DUI charges in Indiana, entrust your case to the capable hands of an Indiana DUI attorney from Zentz Law.

You can get started today by scheduling a free consultation with our team. Schedule your consultation or call us at 317-220-6056