Reader’s Question:

I have a cousin who has been charged for DUI in Lafayette, Indiana and I wanna well understand some things about it. What is the difference between DUI and OWI and what is this post-conviction relief?

Divine

Lafayette, IN

As you may well know, DUI is Driving Under the Influence and it is shorthand that most people understand, but strictly speaking, in the State of Indiana, DUI is not a crime. OWI or Operating While Intoxicated is a crime, as are certain so-called per se offenses related to having certain alcohol level in a person’s breath or blood, or controlled substances in one’s blood. OWI doesn’t require proof of driving, but rather being in actual physical control of a motor vehicle. For example, this could happen even if the driver is just asleep at the wheel with the engine running.

Post-Conviction Relief” (PCR) is a legal remedy wherein a prior conviction could be set aside and the defendant could get a new lease on life. Under the traffic law, it is often used to overturn Habitual Traffic Violator (HTV) status or to prevent a client from becoming HTV. An example is that a person may have two prior DUI convictions and one pending DUI charge. Before pleading to the new DUI charge, which would make the defendant an HTV, the DUI lawyer could try to overturn at least one prior conviction, to prevent that from happening. Your cousin may have been convicted for DUI before having an offense again in Lafayette, Indiana.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

Good for me I have never been arrested for DUI here in Bloomington, Indiana but I have to be cautious. How long after drinking alcohol would it take for the body to reach its highest level of blood alcohol and what could be the symptoms of alcohol intoxication?

Jody

Bloomington, IN

Blood alcohol test gauges the amount of alcohol or ethanol in the body. Alcohol is rapidly absorbed into the blood and could be measured within minutes of having an alcoholic drink. About an hour after drinking would be the time that the blood reaches its highest level of alcohol in the blood. But food in the stomach could increase the amount of time it takes for the blood alcohol to reach its highest level. About 90% of alcohol is being broken down in the liver and the rest of it is being passed out of the body in urine and your exhaled breath.

Blood alcohol test is being done to measure the amount of alcohol in the blood when a person is being suspected of being legally drunk (intoxicated). This method is commonly used during a DUI investigation in Bloomington, Indiana and said to be the most accurate method of measuring the blood alcohol content (BAC) of a DUI suspect. Symptoms of alcohol intoxication include lack of coordination, unsteadiness that makes it hard to stand or walk, confusion or erratic or unsafe driving.

Tags: blood alcohol test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

This is my second offense for DUI here in Indiana. I feel so dumb because I refused to take a chemical test. What are the consequences that I am facing now?

Bloomington, IN

You should know better since this is your second DUI offense in Indiana. Well, you always have an option to refuse any test. But, of course, there are several consequences that you will face.

In the state of Indiana, since this is your second offense, there will be a two-year license suspension. While there is a work-restricted license option available for those who were found guilty of a blood alcohol level above .08%, this will not be available for you. If a refusal was written in the complaint, there is a minimum jail sentence that is a mandatory penalty.

If you choose to refuse blood, urine or breath testing, the evidence can be used against you in court as consciousness of guilt. Your lawyer can suggest other possibilities, like a phobia to needles or that you were unable to blow into the breathalyzer hard enough

Reader Question

I live in Anderson, one night I went to my friend’s house for a party. There were some wines, champagnes and martinis to drink along while chatting with some oldies. I am not that drunk, I just drink around a glass of champagne that night and after an hour I drive myself home. I was driving fast since I am in a hurry to go home to watch over my little daughter who is 5 years old. An officer told me to pull over and I was talking to him he somewhat smell the alcohol as in my breath, and asked me to perform a test that is to walk on a straight line. I felt so dizzy while doing the test, so I walked on a crooked line and thus, was arrested and charged with DUI. I went through a chemical testing and it revealed that I had a blood alcohol concentration level of 0.07%.

Is there any way I can get out of this mess I am in? I don’t want to have a criminal record.

Robert, Anderson IN

Hi Robert,

Based on the story that you narrated, you were charged of DUI. The Indiana DUI law specifically stated that a person could be charged of such crime when your driving ability is impaired due to the consumption of alcohol. When the police officer smelled your breath with alcohol, it gave him the reason to let you do the walking on a straight-line test. Thus, you were charged with DUI.

But with the results of chemical testing, the blood alcohol concentration level is 0.07%, which is below the legal limit of 0.08%. You can only be charged with DUI in the state of Indiana when your blood alcohol concentration level exceeds the legal limit of 0.08%. There is a possibility that you will be acquitted of the crime charged against you.

But with winning or losing of your case will only depend on the lawyer that you hired. Hiring an Indiana DUI lawyer is the best that you can do in order to aid you with your defense and using the result of the chemical testing as strong evidence that will help you win the case.

Having a criminal record due to DUI that is charged against you will be dependent upon on how good your Indiana DUI lawyer is. So, the choice is yours. Get the best Indiana DUI lawyer and the chances are big that you will win the case.

Reader Question

I reside in Terre Haute and my friend as well. Two days ago, my friend was charged with DUI. He told me that he underwent a chemical testing and the officer chose urine to determine the blood alcohol concentration level. He was not assisted with any legal counsel when the chemical testing happened, since he was told that he couldn’t get a legal counsel during the test.

In Indiana, is it okay to have no legal counsel when undergoing a chemical testing?

Steven, Terre Haute IN

Steven,

With regard to your friend’s situation, sad to tell you indeed here at Indiana, the rules are strict when it comes to chemical testing. When the driver is told to submit himself to chemical testing he has no right or whatsoever to have a legal counsel right before the test is being undertaken. It is up to the officer to choose what to use in order to determine the level of blood alcohol concentration. The officer can choose to use the driver’s blood, breath, or urine.

With this being said, your friend should have a skillful Indiana DUI lawyer to assist him during the legal proceedings. From the moment that your friend is facing the criminal charges down to the giving of penalties or sanctions to the crime charged against him. In this way, your friend will have a chance to win the case with the aid of an Indiana DUI lawyer who knows this field very well.

The fee agreement. This is a paper that you get when you consult with a DUI lawyer in Muncie Indiana, which includes how much the services of that lawyer will cost you. It’s very valuable for you, because once you have consulted with all of the lawyers you will be considering, you can take this fee agreement home and compare to the rest.

The fee agreement will tell you what your lawyer can and can’t do, and also what you have to do to work with your lawyer (yeah, you don’t just get to lay back and wait for your day in court). There’s more to it, though, and to make sure you have the most details so you can know which lawyer is giving you the best price, don’t forget to ask.

• Will you be charging a fixed fee, or an hourly rate, or something else?
• If you are charging a fixed fee, will it be split or intact?
• Am I allowed to make payments, or am I supposed to pay all at once?
• Am I required to make down payments?
• How often can I pay?
• Will I be charged interest?
• Are there any variable charges?
• What could change this price?
• What is the range within which this price may vary?

A DUI attorney in Hammond Indiana will have to consider many things when determining how to represent your case. From your past, to your job, to your current police record and any efforts you have made to cure your alcohol problem, mostly all will be relevant in your case. However, the big tipper which determines the way your case will go with all of that is what exactly the other side has proving that you were driving drunk. Here’s a selection of possible evidences.

• When the police flash the light into your eye, it’s often to see if they look like they are bloodshot or reddened, both signs of heavy drinking.
• While being around drinkers or spilling a drink on yourself can make you smell, there is a special smell for someone who has been drinking heavily.
• Your driving will also indicate how clear you are in the head, and certain behaviors, like starting up and then stopping, or swerving into other people’s lanes, can indicate drunkenness.
• You will normally be asked to perform certain tests, such as line walking or a breathalyzer, usually more than one or both. How well did you do?
• Your response to any questions asked by the police. Hope you didn’t forget your right to remain silent.

The price of a South Bend Indiana DWI lawyer is not just a simple thing, and it is in fact made up of several different components. But the one string that holds all of these components together is how your lawyer chooses to charge their clients. This way of charging for services determines how the componenets react to the particulars of the case.

If your South Bend Indiana DWI lawyer, for example, if the lawyer charges an hourly rate, then they will generally also offer the cheapest rates for clients who have cases which will not result in much punishment. While still expensive, an hourly rate is the cheapest type of rate to choose if you have a case which will not require a lot of time. If that changes somewhere in the middle, then you will pay a lot, and so it’s important to examine your case.

On the other hand, if your South Bend DWI lawyer charges a single fixed fee, then that is the best type of rate for your to select if you have a case which has higher stakes, like if you have a DWI from a car crash. The fixed rate comes with two possibilities, either a single rate for all services, or a split fee for defense and preparation.

READER QUESTION:

Since I started searching for a lawyer, I have seen that occasionally a lawyer will be listed as an AV rated Lafayette Indiana DUI lawyer. What does the first part mean.

EXCELLENT QUESTION:

The rating that you see for this AV rated Lafayette Indiana DUI lawyer is something that means that they have been looked upon favorably by their lawyer colleagues, since it is a community of lawyers that makes the AV ratings. That’s a good endorsement right there.

In fact, what an AV rating often means is that the lawyer has a lot of years of experience under their belt and that these have been very exceptional years. Someone with a favorable AV rating has a high rate of success in their cases and has the respect of their community. Someone with a good AV rating is also someone who has the ability to charge more for their services because of this prestige that comes with it.

Because of those higher prices, most of the time it will do you better just to flip the page when you see an AV rated Lafayette Indiana DUI lawyer. While you of course want to have the best representation, hiring one for an uncomplicated first time DUI offense is overkill. If you’re on your third offense, or got into an accident, or something like that, it may be good to at least check the lawyer out.

–Fashun.

At the consultation with your possible choice for a Fort Wayne Indiana DUI lawyer, be ready to ask the questions that will poke into the information that you need to know to choose your lawyer. Avoid straying off topic and require detailed explanations of your lawyer’s answers; bring a notebook and take short notes while you listen. You may need to look at those notes later as you compare the. Some main points you should discuss with your attorney follow:

• Who will represent? Before making any hiring decisions, you must have a face to face (or phone to phone) discussion with the Fort Wayne Indiana DUI lawyer who will be your representation. Occasionally, a firm will have you consult with someone other than this person. Avoid that.
• What kind of knowledge has your Fort Wayne Indiana DUI lawyer gathered from their experience in DUI law? What kind of experience was that?
• What will they be charging you? Price isn’t everything, but unless you have a very difficult case you should be able to avoid extremely high costs.