Find a DWI DUI Drunk Driving Lawyer in your state.

• Anderson
  • Shawn Ramsey: Your Constitutional Rights Are Paramount.
• Bloomington
  • David Schalk: If you have been accused of drunk driving, and you don't believe you were intoxicated or you want an analysis of the State's evidence against you, you should contact an attorney. If you signed a plea agreement, it may not be too late to change your plea to "Not Guilty.". If you didn't sign anything, all the better. Remember, even old convictions are subject to challenge. A conviction for operating a motor vehicle while intoxicated entails both criminal penalties and mandatory license suspensions. The criminal penalties and license suspensions become increasingly severe as the number of offenses increase. For example, a 90-day license suspension is typical for first time offenders, but three convictions within five years of one another results in a mandatory 10-year suspension. It is legal to drive while feeling the effects of alcohol, provided that the driver is over 21 years of age, is not legally intoxicated, and does not have a blood alcohol content (BAC) greater than 0.08. Being caught driving while intoxicated does not automatically lead to a conviction. Cases must be dismissed if the arresting officer did not have a reasonable basis for suspecting a driver is intoxicated. For example, pulling someone over just because he is leaving a tavern is not considered reasonable, and should not lead to a conviction even if the driver turns out to be drunk. It is up to the driver's attorney to file the appropriate motions. Indiana Code Section 9-30-2-2 requires judges to throw out drunk driving cases if the arresting officer is not in uniform or in a marked car.
  • Sam Shapiro: There are three basic offenses for Operating While Intoxicated Operating while Intoxicated, Operating with a .08% or greater breath or blood alcohol and Operating with .15% or greater breath or blood alcohol.
• Carmel
  • Campbell Kyle Proffitt: The criminal justice process includes pre-trial plea negotiations and the discovery process, bench and jury trials, sentencing, post-conviction relief and appeals.
• Crown Point
  • Christine Ventura: If you are charged with DUI or OWI in Indiana, you have short period of time approximately one week to request a hearing to challenge the suspension of your license. If you do not request the hearing within the time limit, your license will automatically be suspended.
  • Paul Stanko: "DUI" is short for Driving Under the Influence. It is shorthand that most people understand, but strictly speaking "DUI" is not a crime in the State of Indiana. "OWI", Operating While Intoxicated is a crime, as are certain so-called per se offenses related to having certain levels of alcohol in one's blood or breath, or controlled substances in one's blood.
  • Gojko Kasich: In my mind, there is no other criminal act that has caused so many state legislatures to pass so many laws whittling away at a driver's rights than the offense of driving while intoxicated. If you are convicted one of this offense in Indiana, in addition to any criminal penalties assessed, the Court SHALL recommend suspension of your driving privileges for at least 90 days and up to two (2) years.
• Elkhart
  • William Cohen: You should consult an attorney for individual advice regarding your own situation.
• Ft. Wayne
  • Bowman & McEntee: The busiest Court in Allen County is Misdemeanor and Traffic Division, and it is the most likely place for one's first encounter with the justice system even for a the typical law-abiding citizen. Most persons are not prepared for such an experience ...
  • Arata Law Firm: Even if you believe your situation provides the prosecutor with a "slam dunk" case against you, an experienced DUI/DWI attorney will be able to examine your case and make challenges, where appropriate. The critical elements of a DUI/DWI conviction must be proved.
  • Charles Rathburn: Many times drivers pay their tickets without ever contacting an attorney or even the prosecuting attorney.  In most cases there are alternatives to admitting the ticket as charged.  Your driving history will likely determine what alternatives are available to you.  You should never pay a ticket without first speaking with an attorney to see if there are any options available to you.
• Greenfield
  • David Murphy: Being arrested can be an unsettling experience. Any arrest is a serious matter, and you should always consult with an attorney. You need an experienced criminal defense lawyer to help protect you rights.
• Griffith
  • Breclaw, Harris & Taylor: Certain terms need to be defined in order to understand the charge of OWI. Indiana defines a "vehicle" as "a device for transportation by land or air." Thus, a "vehicle" may include everything from a motorbike to a semi. The term "intoxicated" basically means under the influence of alcohol, drug, or a combination, so that a person is significantly impaired and dangerous. A blood-alcohol content of ".10%" is not part of the legal definition of "intoxicated."
• Hammond
  • Sachs & Hess: There is an old saying that goes something along the lines of "Only a Fool Represents Himself." There is a lot of wisdom in that saying. If a person had a heart condition, they certainly wouldn't try to treat it on their own. Problems within the legal system should be handled the same way. Attorneys are trained in dealing with and handling Operating While Intoxicated cases. In a first offense for Operating While Intoxicated, it is essential that an attorney be involved because of the possible future problems associated with a conviction for Operating While Intoxicated. If a person is convicted of Operating While Intoxicated, and then gets another Operating While Intoxicated conviction within the next five (5) years, the second offense would be charged as a Class "D" Felony, increasing the possible sanctions and penalties involved.
• Indianapolis
  • Brown, Tompkins & Lory: In Indiana, if you have been charged with OWI, you will have a probable cause hearing within 72 hours. At this hearing, a determination will be made if there is probable cause as to whether or not you committed OWI, and whether or not you refused or failed a breath test. If it is found that there is probable cause showing that you failed or refused a breath test, the results of the hearing will be forwarded to the Indiana Bureau of Motor Vehicles, who will then issue a suspension. It is legal for you to drive until the Bureau of Motor Vehicles says you are suspended.
  • Gary Colasessano: n the State of Indiana, a person who is charged with driving while intoxicated is given an OVWI charge ­ Operating a Vehicle While Intoxicated. If you have been charged with this crime, you should immediately contact a lawyer with experience in this filed of law. Within 24 hours of your arrest, or up to a few weeks if you are released or post bond, an initial hearing will be held and a determination will be made as to the suspension of your driving privileges. Suspensions for failing a certified breath test will last a minimum of 30 days and no longer than 180 days, however, a suspension for a breath test refusal will last one year. As an experienced attorney I may be able to help you keep your license, or at least request a hearing to challenge the license suspension.  In Indiana the penalties for operating a vehicle while intoxicated are high. Mandatory minimum jail sentences for operating a vehicle while intoxicated range from 5 days to 180 days. License suspensions range from 180 day restricted privileges to 2-year suspensions. Should a person have prior convictions for major traffic offenses a subsequent OVWI conviction could result in a license suspension of 10 years to a lifetime suspension. Obviously, these consequences have a devastating impact on an individualšs ability to raise a family and to maintain employment.
  • Brown, Tompkins & Lory: Blood alcohol level (BAC) is a term used to describe the level of alcohol in the bloodstream of a person arrested for drunk driving. It is used in court as evidence of that offense. The most common method of determining BAC is through a breath test, although blood and urine testing is also done. If the level is found to be at or over .10, or .08 in some states, the test results can establish a presumption of impairment.
  • Eugene Hollander: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed.
  • Kinnard Law Office: It is important that you preserve your rights while protecting your reputation, regardless of the seriousness of the offense. Constitutional Law - The United States Constitution is the cornerstone of the relationship between the Federal and state governments and between individuals and those governments.
  • Thomas Leslie: If you are charged with drunk driving (DUI / DWI), you face additional consequences that include loss of your license and court ordered alcohol education and/or treatment.
  • Moore & Associates: DUI/DWI/OVWI-Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction for DUI/DWI/OVWI may result in fines, the revocation or suspension of your driver's license, and jail time. In addition, your insurance company may cancel your insurance. You have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case. We may be able to protect your driving privilege, your criminal record and your livelihood.
  • Carolyn Rader: Indiana recognizes that the offense of Operating a Vehicle While Intoxicated is a class A misdemeanor for the first offense. Counties vary widely in sentencing first time offenders. A few counties offer a diversion program. Some counties require mandatory jail sentences. Most counties offer probation and alcohol education. The offender's driving license is always placed in jeopardy due to statutory and administrative suspension.
  • Randall Cable: Often a police officer will stop a vehicle for routine causes such as speeding or other traffic violation, equipment deficiencies or such as discussed above. Upon stopping the vehicle and talking with the driver, the officer may quickly come to a conclusion that the driver has consumed alcoholic beverages. In most jurisdictions, it is not against the law to have consumed alcohol and then drive a vehicle. All states have prohibitions against operating a vehicle under the influence of alcohol or drugs. In Indiana the presumption of intoxication is a breath test reading of .10% or greater. Regardless of the reason for the stop, the officer can ask the driver to exit the vehicle and perform field sobriety tests at the scene if the officer has reasonable suspicion that the driver is under the influence. Often the officer is looking for the odor of alcohol on the person or breath of the individual; red, watery or bloodshot eyes; slurred speech; staggering or difficulty in getting out of the vehicle; swaying or stumbling or leaning on the vehicle during questioning; failure to respond to the officers directions; and observation of alcoholic beverage containers in plain view in the vehicle.
  • Cooper Legal Services: The time when courts were likely to let a drunk driver off with a fairly light penalty is gone. Today, a drunk-driving charge can bring heavy fines and prison sentences.
• Jeffersonville
  • Merkley Law Office:

    What you need to know if you're arrested for drunk driving.

    ˇ What is O.W.I.?  Operating While Intoxicated.

    ˇ What is the legal limit for blood alcohol content?  Indiana?s legal limit is .08% and only .04 for commercial drivers license (CDL) and only .02% for those under 21.   

    ˇ Are you required to submit any chemical (blood, breath or urine) test offered by an officer?  Yes.  There is a one year license suspension if the driver refuses to submit to a chemical test.    

    ˇ What happens to my license if I fail a chemical test?  It will result in a 180 days administrative suspension of your driving privileges. 

    ˇ What are the penalties for my first drunk driving conviction?   The first offense is a misdemeanor and carries a minimum of 90 days license loss up to two years.  The conviction also carries a possible penalty of one year in hail and a fine of $5,000.00.  A per se violation at .08% carries a possible penalty of 60 days in jail and a fine of $500.00. 

    ˇ What are the penalties for my second drunk driving conviction?  If the second conviction is within five years of the first can be charged as a felony.  The minimum license suspension is one year with a maximum of two years.  You could receive three years in jail and a fine of $10,000.00.  The felony could be reduced to a misdemeanor with the same incarceration and fines as the operating while intoxicated charge,  one year in jail and a $5,000.00 fine.  An additional offense within five years since the last conviction would still be a misdemeanor and carry the above penalties.  The license suspension would be a minimum of 180 days up to two years.

    ˇ What happens if I receive three drunk driving convictions within a ten year period?  It would result in a determination that you are a Habitual Traffic Violator and a loss of your driving privileges of ten years.   

    ˇ Can I get my case dismissed if the arresting officer never gave me a ?Miranda? warning?  No.  The officer is supposed to give you the warning.  Often, however, they do not.  The only consequence is that the prosecutor cannot use any of your answers to questions asked by the police after the arrest.

    ˇ Can I represent myself?  What can an attorney do for me?  Yes, you can represent yourself ? although it is not a good idea.  Drunk driving laws are very complex with increasingly harsh consequences.  There is minefield of complicated issues such as procedural, evidentiary, constitutional, sentencing, and administrative licenses.  The attorney will analyze your case looking for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for lesser charge or reduced sentence, obtain expert witnesses for trial, contest administrative license suspensions, etc.

• Lafayette
  • Patrick Harrington: Is the breath machine 100% accurate? No. The machine is only a piece of equipment, and like all equipment, is not 100% accurate. An experienced OWI lawyer can explain how this machine works and advise you if the proper procedures were followed. Indiana law requires the police to strictly follow the procedures or else the test results may not be used in court.
• Lawrenceburg
  • Zerbe, Zerbe & Garner: If you are facing drunk driving or drug charges, you need an experienced criminal defense attorney making sure your constitutional rights are protected.
• Merrillville
  • Marce Gonzalez: Traffic violations can have serious consequences such as loss of driving privileges, and increase in insurance. A DUI/DWI/OWI conviction may result in loss of license, possible jail time, fines and court costs. Defenses may exist in your case to challenge your arrest or the breath test results.
  • Dale Allen: The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge.
  • Lowe, Webster & Lowe: OWI (DUI / DWI) - If you are arrested and convicted of operating a motor vehicle while intoxicated (OWI), also known as driving under the influence of alcohol (DUI), driving while intoxicated (DWI) or drunk driving, the consequences could be quite severe and you need a competent and experienced attorney to represent you.  Your license and/or freedom is not one of those luxuries that should be taken for granted. You need someone who can raise all the valuable defenses or, if necessary help you to avoid the severe consequences that can come with a conviction.  For repeat offenders, there are more severe penalties including extended jail time, license suspension or revocation, and felony criminal convictions.
• Mishawaka
  • Gary Griner:

    Q:     What are the Indiana operating while laws?

    A:     The Indiana statutes describe four basic offenses for operating while intoxicated.  The first is called operating while intoxicated.  It says that if you operate a vehicle while under the influence of drugs or alcohol such that your faculties are impaired, you commit a class C misdemeanor.  Secondly, operating while intoxicated is elevated from a class C misdemeanor to a class A misdemeanor if you "endanger" someone.

    Third is operating a vehicle with a blood or breath alcohol level (sometimes called BAC) of .08% or higher, a class C misdemeanor.  However, if your level is .15% or higher, the charge is raised to a class A misdemeanor.

    The punishment for a class C misdemeanor cannot exceed 60 days of incarceration and fines of $500.00.  The punishment for a class A misdemeanor may be up to 365 days of incarceration and fines of $5,000.00.

    Operating while intoxicated can be a felony if you have a child in the car, have a prior conviction, or cause serious injury or death.

    Q:     When I was arrested, the police officer took my license.  What happens to it?

    A:     The police are supposed to take your license and give you a receipt for it.  A police officer does not have the power to suspend your license.  You are not suspended until a court or the BMV suspends your license.

    Of course, in most cases, within days after your arrest, your license will be suspended.  The initial suspension is called an administrative suspension and it results from either failing the breath test/blood test or from refusing to take the test.  Later, if you are convicted, there will be a different license suspension.  If you are found not guilty, the administrative suspension may still be in effect - there are specific procedures for challenging the administrative suspension.

    Indiana law says that if you are convicted for the first time offense, your license will be suspended for at least 90 days and maybe as long as 2 years.  The license suspensions are longer if you've previously been convicted.  In many cases, it is possible to obtain a conditional license, which will allow you to drive for work purposes.

    Q:     Is there any way to beat an operating while intoxicated charge?

    A:     The answer depends on the specifics of your case.  Ultimately for you to be convicted, the prosecutor must prove to a jury beyond a reasonable doubt that you violated a specific operating while intoxicated statute.  Some ways to beat the charge are:

         1.     The prosecutor's evidence of intoxication is insufficient.

    The evidence usually consists of the police officer's testimony about your  breath test results, but machines can be wrong.  If you refused the breath test, the evidence against you is limited to the officer's observations made during field sobriety tests.  In many cases, this kind of evidence is not enough to find you guilty.

    Frequently officers fail to properly administer the tests.  This creates the possibility of excluding the test from evidence - or at least can create some significant doubt.

    If you refuse all tests, the evidence against you is limited to what the officer can say about your appearance and demeanor, such as you smelled like alcohol and had red eyes.  Frequently, it just does not add up to proof beyond a reasonable doubt.

    The prosecutor has to prove that you were intoxicated at the time that you were driving.  If a significant amount of time passes prior to taking the breath test - your alcohol level may be much different.

    Breath tests and even blood tests can be inaccurate.

    2.    The prosecutor’s evidence that you operated a vehicle is insufficient.

    In some cases – especially when there was a crash and police arrive after the fact, they   “assume” that you were driving but the law says the prosecutor has to prove it beyond a reasonable doubt.

    Very specific facts will be important – who is the registered owner of the vehicle, how much time passed before the police arrived, where were the keys, etc.

    3.   The evidence against you can be excluded or suppressed at the trial.

    Illegal traffic stops are common but a driver cannot be validly pulled over unless the officer has a reasonable suspicion of criminal activity that he/she can articulate or he/she witnessed a traffic violation.

    Anonymous tips alone cannot be the basis for a traffic stop.

    Blood test results can be excluded from evidence if you did not consent to the test and the police did not have a warrant.

    Breath test machine malfunctions are uncommon but they do happen.  Some lawyers do not know how to properly evaluate this and many simply will not take the time to consider it.

    Improper administration of the breath test is another basis for excluding evidence.  The law requires officers to follow very specific procedures and when this is not administered properly, the test results are not admissible in court.

    If the police have you “in custody,” your statements usually cannot be used against you without proper Miranda warnings.

    When the police improperly administer field sobriety tests, the tests are not scientifically reliable.  In some states, unless the tests are properly done, the results are inadmissible.  Indiana law on this topic is not yet entirely clear.

• Mooresville
  • Roscoe Stovall: In many courts, serving time in jail is typically required if you are convicted. Repeat OWI offenses almost assure this. The legislature has become increasingly strict with these cases, and has established systems and procedures to "streamline" the process.
• Muncie
  • Joseph Davis: What are the PER SE Blood Alcohol limits in Indiana? A BAC of .08 to .15 is a Class C misdemeanor, while a BAC of .15 or greater is a Class A misdemeanor. The BAC levels vary accordingly: Adult drivers over 21 - .08, Under-21 drivers - .02, and commercial drivers - .04.
• Noblesville
  • Raymond Adler: Whether you are facing a misdemeanor such as a traffic offense, including drunk driving, or a more serious felony charge, you will need an attorney with criminal law experience to protect your rights.
• Rising Sun
  • Lane Siekman: "DUI" is short for Driving Under the Influence. It is shorthand that most people understand, but strictly speaking "DUI" is not a crime in the State of Indiana. "OWI", Operating While Intoxicated is a crime, as are certain so-called per se offenses related to having certain levels of alcohol in one's blood or breath, or controlled substances in one's blood.
• Terra Haute
  • Edward McGlone: Appellate courts frequently state that "a defendant is entitled to a fair trial but not a perfect one" when invoking the "harmless error" doctrine to review trial court decisions. Essentially, the doctrine recognizes that some legal errors, however blatant they may be, are harmless. "Harmless errors" may not warrant a reversal of the trial court's verdict; the error must have possibly affected the outcome of trial before an appellate court will reverse a verdict based on that error.
  • Chowning Law Office: Before you plead guilty to the charge of DWI (sometimes called DUI) you should know that doing so could be a life-altering experience. Not only are there non-judicial penalties for a DWI conviction but a DWI conviction can easily come back to haunt many people who enter into ill-advised pleas.
  • Smock & Etling: Regardless of what you might think, a conviction for operating a vehicle while intoxicated is not a minor traffic offense, it is a criminal conviction and it will be part of your permanent criminal record. The offense generally is charged as a class A misdemeanor. A class A misdemeanor is punishable by up to 1 year in prison and a $5,000 fine. A class C misdemeanor is punishable by up to 60 days in jail, and a $500 fine. Furthermore, if it is your 2nd offense within 5 years, or if there is an accident involving serious bodily injury, it may be charged as a class D felony which is punishable by ½ to 3 years and a $10,000 fine. Additionally, if you accumulate 3 convictions within a 10 year period, you may lose your license for 10 years. (This is not an all-inclusive list of the possible penalties). Accordingly, if you are arrested for operating a vehicle while intoxicated, even if it is your first offense, it is very important that you contact an attorney immediately.
• Valparaiso
  • Millbranth & Bush: If you or your loved one has been issued a citation, charged by information, indicted by a Grand Jury, and/or arrested, you need an experienced criminal defense attorney to protect your rights and defend you.