March 22, 2016
Indiana, like most other states, has strict DUI laws in place and equally strict penalties for conviction. If you have been charged with DUI you are facing a difficult but not impossible situation. The legal drinking limit in Indiana is 0.08% blood alcohol concentration (BAC). Drivers who are found to have a BAC higher than this will be charged with DUI. Remember that just being charged doesn’t mean that you are guilty. You will have a right to your day in court where you can defend your case in front of a judge. This is best accomplished with the assistance of a highly experienced DUI attorney.
DUI is considered a Class C misdemeanor. The penalties if found guilty of DUI can include fines of more than $300, a mandatory suspension of your driver’s license, possible jail time, and probation. Those who have had previous DUI convictions are subject to even stiffer penalties. If you lose your license, even for a short period of time, you could end up losing your job. You will also have a conviction on your record and you could face other hardships. For example, your insurance premiums will increase or you may not even be able to get car insurance at all. Additionally you may be required to complete community service, install an ignition interlock device, or attend an alcohol abuse program.
If you have been charged or arrested for DUI it is best to cooperate with the officer. Those who resist arrest or refuse to submit to testing will face other charges with additional penalties. This can make defending the DUI that much more difficult. Do not make any statements of any nature until your attorney is present. Anything you say may be used against you in court and even a seemingly innocent statement could end up having a negative impact. Finally, don’t wait to hire a lawyer. That’s one of the biggest mistakes people can make. The longer you wait the less likely it is that you will achieve a successful outcome.
There are a number of different ways that a DUI may be defended with a high rate of success. Your attorney will review every aspect of your case including the traffic stop, field sobriety tests, and arrest. Negotiations may help to reduce or even eliminate some of the charges. If the BAC test was only slightly above the legal limit there may be a way to challenge the results. DUI tests can be performed improperly or the tests may be evaluated incorrectly. Additionally, there could be problems with the arrest, the testing, or any other aspects of the situation. There may also be plea bargain options available to you.
All of these issues will be scrutinized to determine the best possible defense to present in court. Those who choose to represent themselves generally do not have the ability or the necessary knowledge of the law to provide a winning defense. With so much at stake it is in your best interest to seek representation from a skilled DUI attorney. If you or a family member is facing serious DUI charges contact The Bellinger Law Office to discuss your options today.
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