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The penalties for DUI in Indiana are steep. The state has made a concerted effort to prevent numerous avoidable tragedies and one way to do that is to increase the penalties for DUI under the law. For that reason, there are three different levels of penalties for DUI. Those are criminal, administrative, and civil. Below, we will discuss how a DUI lawyer in Fort Wayne can help you get a decision in your DUI case that will not ruin your life.
DUI is called OWI (operating while intoxicated) in Indiana. You can be convicted of OWI if you are found in operation of a vehicle with a blood alcohol content (BAC) of .08 or higher. You can also be charged with OWI if, after the police have given you a blood test, a metabolite for a Schedule I or Schedule II drug is found in your body. Actual impairment is not required under the law.
However, the police must be able to show that you were driving recklessly when they pulled you over and thus had probable cause to conduct the stop. The law on the books right now is exceedingly harsh and does not necessarily make scientific sense.
Criminal penalties vary based on the following factors:
If you were charged with OWI and it is your first offense, your BAC was between .08 and .15, no one was injured, and no one under the age of 18 was found in the vehicle at the time, you will be charged with a class-C misdemeanor, which carries a maximum sentence of 60 days in jail and a $500 fine.
If you fail or refuse a chemical test, your license will be automatically suspended for at least 180 days. During this period, you may apply for specialized driving privileges if you can show that you require your vehicle to get to and from work.
If you injured someone, destroyed property, or otherwise endangered the lives of others, the law makes it possible for these individuals to file a lawsuit against you. Additionally, you will face a serious spike in your insurance premiums.
Drivers caught under the influence will also be required to attend and pay for a victim impact program that has a panel of speakers, each of whom was directly impacted by someone operating a motor vehicle under the influence of drugs or alcohol.
If you have been charged with DUI in Fort Wayne, The Bellinger Law Office may be able to get the charges reduced or dismissed. If not, we can still advocate that you should be able to keep your license to get to and from work. Talk to us today. We can help.
- on July 28, 2020
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