DUI Attorney Near Me
Dealing with a DUI is an incredibly stressful experience. The community has a right to ensure that the roads are safe for everyone driving, but you have a right to be free of improper stops, speculative charges, and unlawful detention. The criteria for proving a DUI are specific. The prosecution must meet a specific burden of proof. Not all DUI charges result in DUI convictions. Having an experienced DUI defense attorney manage your case produces the best outcomes.
Penalties for a DUI/OWI in Indiana
Penalties for a DUI/OWI depend on how drunk you were at the time of the traffic stop, whether or not you caused an accident, whether or not this was your first offense, and if there were children in the car when you were pulled over. Each of these represents an aggravating factor that can escalate the charges one degree higher than otherwise. Nonetheless, jail time is rare in an OWI case unless you have multiple OWIs on your record or someone was injured or killed in an OWI accident.
The most likely penalties in an OWI case include fines, suspension of your license, probation, community service, substance abuse programs, and the installation of an ignition interlock device.
Understanding OWI/DUI Prosecutions in Indiana
Police need probable cause to pull you over. In other words, you cannot simply be driving down the street, get pulled over by a police officer, and then be forced to take a breathalyzer test. This violates your Constitutional right to privacy. The police must suspect that you are driving erratically or not following the rules of traffic. They can then initiate a stop, administer a breathalyzer test, and arrest you if your score is over .08. Even if your BAC is over .08, the police cannot initiate a stop without probable cause.
Field Sobriety and Chemical Tests in Indiana
You can legally refuse field sobriety tests but your license will automatically be suspended if you refuse a breathalyzer test. In other words, the consequences for refusing the test are just as bad as if you fail and you will have less room to challenge the results of the test if you refuse. Breathalyzers are nice pieces of equipment, but they lack the scientific merit of blood tests which are the industry standard when it comes to determining BAC. Failure to calibrate the breathalyzer properly or problems with the breathalyzer itself often result in charges being tossed.
Find an OWI Attorney Near Me
The Bellinger Law Office represents Fort Wayne, Indiana residents in OWI prosecutions. Call today to discuss the charges and we can begin fighting on your behalf immediately.