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In Indiana, DUI or DWI offenses are called OWI or “operating while impaired.” These offenses relate not only to alcohol, but controlled substances, and even prescription medication. It is true. You can be charged with OWI even while on medication prescribed by your doctor.
Our DUI defense attorneys in Fort Wayne understand that not all OWIs should be treated the same. The Bellinger Law Office can zealously defend you from OWI charges and prevent the most serious consequences from destroying your life.
Any American arrested for a crime has several rights guaranteed to them by the constitution. This includes the right to know their rights (Miranda warning), the right to remain silent (to not incriminate yourself), and the right to an attorney.
However, implied consent requires every driver detained by police to take a breathalyzer test if requested. Failure to comply with this request results in an automatic one-year suspension of your license.
DUI convictions result in three categories of penalty. Those are criminal penalties, administrative penalties, and civil penalties. Criminal penalties involve prison sentences and fines. Administrative penalties involve points on your license or the revocation of your license. Civil penalties involve increases in insurance costs and judgments against the convicted related to personal injury or property damage.
Criminal penalties related to a first OWI conviction can result in a 60-day jail sentence unless the driver’s BAC was found to be .15 or higher. Then it can result in a jail sentence of up to one year. Fines for a first offense range anywhere from $500 to $5,000 also depending on whether your BAC eclipsed .15. For a first conviction, a typical license suspension would last 180 days. Drivers may be required to install an Interlock Ignition Device (IID) which is a breathalyzer attached to the starter in their car.
Second convictions in Indiana are quite severe. Anyone charged with OWI who has a prior felony OWI on their record is facing a maximum of two and a half years in state prison.
Indiana allows those charged with OWI to plead down to a “wet reckless” or reckless driving involving drugs or alcohol. In some cases, your attorney may be able to get crucial evidence used to prove your guilt thrown out. In that case, the charges might be dismissed completely.
If you are facing OWI/DUI charges in Indiana, you will need an experienced attorney to ensure the best possible outcome for your case. Call The Bellinger Law Office today to learn more about how we can help you protect your future.
- on December 02, 2020
- on November 17, 2020
- on October 13, 2020
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