Facing DUI/OVWI charges—even for the first time—involves serious consequences. The Indianapolis DUI defense attorney at Hayes Law Office understands the weight of these charges and the possible consequences of a conviction. Criminal defense lawyer Philip Hayes explores and communicates all possible options available to each client. He fights to find the best outcome. Even if the arrest was a first-time mistake, a conviction will result in serious consequences. Instead of accepting the consequences of a conviction, you have the opportunity to defend yourself and fight your DUI charges.
The Indianapolis DUI defense lawyer at Hayes Law Office knows what is at stake with DUI charges. Attorney Hayes knows how serious a criminal conviction can be. He always pushes for the best possible results for his clients, looking at every way to fight DUI charges. If needed, he works to reduce the penalties his clients might face. To learn how Hayes Law Office fights to protect the rights of clients, call (317) 759-1515. Hayes Law Office represents clients throughout the Indianapolis area, including in Hamilton, Johnson, Hancock and Marion counties.
What Is Considered a DUI in Indiana?
If the officer detects a BAC of .08% or higher, you will likely face charges for driving under the influence. In the State of Indiana, the charge is officially Operating a Vehicle While Intoxicated. These charges are known as OWI, OVWI and more commonly DUI. These charges range from misdemeanors to felonies, depending on the circumstances and your criminal history.
DUI vs. OWI: Is There a Difference in Indiana?
No. Indiana treats DUI and OWI as the same offense — both refer to operating a vehicle while impaired by alcohol or drugs. The state statutes use OWI more frequently, but the terms carry the same legal meaning and penalties.
Penalties for DUI in Indiana
The following are the potential penalties for a drunk driving offense in Indiana:
- A conviction for a first-time DUI charge includes the potential for a jail sentence of up to one year, fines of up to $5,000 and a suspended license of up to two years.
- An arrest for a repeat-DUI offense in Indiana may bring felony charges. A conviction for a second DUI offense within 5 years of the prior conviction, includes a minimum of five days in jail, with the potential for up to 2.5 years in prison. A fine of up to $10,000 is possible. The person also faces a maximum 2.5-year license suspension.
- For a third DUI-conviction, the minimum jail prison time rises to 10 days. A fine of up to $10,000 is available to the judge, and the license suspension ranges from 2.5 years up to ten-years, depending upon the circumstances.
Consequences of Refusing a Chemical Test
In Indiana, when you operate a motor vehicle on public roads, you are legally giving your implied consent to chemical tests (breath, blood, or urine) if you are arrested for operating while intoxicated (OWI). This means you've already agreed to these tests simply by driving.
This means if an officer has probable cause to believe you are driving under the influence and makes a lawful arrest, they can request these tests. While you have the right to refuse a chemical test, there are immediate consequences for doing so under Indiana's implied consent law:
- Immediate Administrative License Suspension:
- First Refusal: Your driver's license will be automatically suspended for 180 days (approximately 6 months).
- Prior Refusal(s) within 5 Years: If you have previously refused a chemical test within the last five years, your license will be suspended for two years.
- This is an administrative suspension by the Bureau of Motor Vehicles (BMV) and is separate from any criminal penalties you might face in court.
- Admissibility of Refusal as Evidence: Unlike some other jurisdictions, your refusal to submit to a chemical test can be used as evidence against you in court by the prosecution. This means the prosecutor can argue to the judge or jury that your refusal suggests you knew you were impaired and were trying to hide it.
- Increased Challenges in Defense: Refusing a chemical test often makes it more difficult for your Indianapolis DUI lawyer to negotiate reduced charges or penalties. While an attorney can still defend your case (e.g., by challenging the legality of the stop or arrest), the lack of a test result can remove one avenue of defense (challenging the test's accuracy) while adding another piece of evidence (the refusal) for the prosecution.
- No "Get Out of Jail Free" Card: Refusing the test does not prevent you from being charged with OWI. It simply means the prosecution will rely on other evidence, such as officer observations, field sobriety test results (if you performed them), and your demeanor.
It's important to understand these implications before you are ever in a situation where you might need to make this decision. While an attorney can advise you on your rights, the implied consent law places you in a difficult position once arrested.
Common Defenses an Indianapolis DUI Attorney May Use
Whether your charges involve allegations of drugs or alcohol, your attorney should consider all options to defend against DUI charges. Hayes Law Office takes the time to gather all the necessary information in each case before considering what method of defense is right under the unique circumstances of the case. Common defense strategies include:
- Challenging illegal traffic stops
- Uncovering the mishandling of evidence
- Exposing improper maintenance or questionable testing equipment
- Highlighting police errors
The DUI defense attorney at Hayes Law Office knows that each of his clients comes to the law firm with a unique situation. Mr. Hayes takes it upon himself to make sure that he does everything in his power to provide each client with the unique representation they deserve.
First-Time DUI vs. Repeat Offense
Penalties increase significantly with repeat offenses, including felony charges after multiple violations within five years. If you are a first time offender, you may be eligible for alternative sentencing like diversion programs, probation, or treatment. Having a knowledgeable DUI attorney is especially helpful in getting charges reduced or dismissed altogether,
Field Sobriety Tests and Your Rights
Standardized field sobriety tests commonly administered include the Horizontal Gaze Nystagmus (HGN) test, Walk-and-Turn test, and One-Leg Stand test. As a driver, you are not legally obligated to perform these tests and refusal can be strategically beneficial. A reliable DUI lawyer can advise when to comply or refuse based on your specific circumstances.
DUI and Professional Consequences
A DUI conviction can jeopardize careers, especially for commercial drivers (CDL holders), teachers, nurses, healthcare workers, and other licensed professionals. Besides criminal penalties, DUI charges can lead to job loss and difficulties in maintaining professional licenses.
How Hayes Law Office Handles DUI Defense
Fighting an OWI charge in Indiana is possible with the right strategy and legal defense. Here are possible approaches based on individual circumstances:
- Challenge the Traffic Stop: If the officer did not have a valid reason to stop you, the case could be dismissed.
- Question the Test Results: Breathalyzers and blood tests must be administered and calibrated correctly. Errors in testing can invalidate the results.
- Prove Lack of Impairment: Just because your BAC was over 0.08% doesn’t always mean you were impaired. Witness testimony or expert opinions can support your case.
- Argue Constitutional Violations: If your rights were violated during the stop, arrest, or testing process, evidence might be excluded.
- Explore Plea Options: In some cases, it may be possible to negotiate for a lesser charge or a diversion program.
Why It’s Important to Contact an Indianapolis DUI Lawyer Quickly
Every decision you make, or fail to make, can impact the outcome of your case. That's why early contact with a skilled Indianapolis DUI lawyer is absolutely crucial. Your attorney will immediately begin preserving evidence, such as dashcam or bodycam footage, witness statements, and breathalyzer maintenance records, ensuring nothing is omitted.
Building a strong defense takes time. Your attorney will guide you through every step, ensuring you make informed choices that protect your rights and future. From investigating the legality of the traffic stop to challenging the accuracy of chemical tests or exploring alternative sentencing options, a lawyer needs to start working on your behalf as soon as possible.
This proactive approach allows for a more thorough defense strategy. An attorney can often address immediate concerns like driver's license suspension and work to potentially secure specialized driving privileges, allowing you to maintain essential activities like going to work or school while your case is pending.
Schedule a Free DUI Consultation with Hayes Law Office
If you’re facing a DUI conviction in Indiana, the Hayes Law Office is ready to provide the aggressive, knowledgeable defense you need to protect your rights and fight for the best possible outcome.
Contact Hayes Law Office now for your absolutely free, no-obligation consultation. Let our experienced Indianapolis DUI lawyer, Philip Hayes, review your case, answer your questions, and outline a clear path forward.
