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If you have been charged with operating a motor vehicle under the influence of drugs or alcohol, then you are probably pretty scared about what the consequences might be. While you should be taking these charges seriously, you should also know that you have rights under the law. The Bellinger Law Firm represents those who are charged with DUI in the State of Indiana. Below, we will discuss the charges and penalties for DUI.
Indiana law clearly states that operating a motor vehicle while under the influence of drugs or alcohol is a crime. However, the prosecution is required to prove that:
There are specific laws that focus on individuals under the age of 21 and those operating on a CDL. If you are under 21, then you must be under .02 which is the margin of error for roadside breathalyzer devices. Those operating on a CDL must be under .04 at all times.
There are four classes of penalty in Indiana. Those are fines, jail or prison time, administrative consequences, and the installation of an IID (ignition interlock device) on your vehicle. The IID requires that you blow into the machine before you start your car. The car will only start if you are clean.
In addition, there are some aggravating factors that can worsen the penalties for OWI. If you are found to have a BAC of above .15, the penalties will get worse. If you have any OWIs within the past five years, you will face stiffer penalties. If there were minor children in the car while you were driving under the influence, you can face felony charges. If anyone is injured or killed while you were operating a vehicle intoxicated, you can also face felony charges. You can face up to two years in prison for even basic DUI offenses.
Administrative penalties include the suspension or revocation of your driver’s license or the installation of an IID on your vehicle at your own expense.
If you are charged with OWI in Indiana, the prosecution must still meet its burden of proof to successfully convict you. The Bellinger Law Office can prevent you from being convicted on dubious evidence. Talk to us today to schedule an appointment.
- on July 28, 2020
- on July 21, 2020
- on July 07, 2020
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