Tag: Consequences



Reader’s Question:

If I get convicted for my DUI charge here in Fort Wayne, Indiana, will my conviction stay on my record? What if I just plead guilty to my case, can I get it reduced to a lesser offense?

Harvey

Fort Wayne, IN

A DUI conviction would stay on your record and it should be disclosed during job interviews, when going abroad and loan applications. Sometimes, it would be better to plead guilty so that you may get your charge reduced to a lesser offense to avoid the possible negative outcome of a trial. But like any criminal case, you’re presumed innocent until proven guilty. It may not look and feel that way when you walk away from a DUI arrest with a temporary driver’s license, but the prosecutor still has the burden of proof in a DUI case.

Chemical test rights and its consequences as well as the Miranda rights should be read to you at appropriate times. Your DUI case on Fort Wayne, Indiana will probably not be thrown out if you were not read these rights, but it is a hole in the prosecution’s case that will not hurt your defense, either. In any case, you also would probably have higher car insurance rates so be sure to shop around but you’d likely find the car insurance deal that you are looking for from this site so get a free online rate quote now.






Reader’s Question:

My daughter was charged with DUI here in Indiana and this is her first offense. I don’t want to talk it through my husband again but according to our lawyer, my daughter might avoid prison and she might just be under probation. What are the things that she would have to do if she will be under probation?

Sheryl

Indianapolis, IN

The law in Indiana is somewhat lenient to first time DUI offenders. It calls for jail sentence technically, but first time DUI offenders usually have this sentence suspended and they are put on probation. That means that the DUI offender is subject to community supervision. This usually lasts one to two years. The DUI offender should obey the judge’s order or the suspension can be revoked and that means the offender can face a jail term.

More often, a condition of probation demands that the DUI offender must not drink alcohol or violate the law. It is also necessary for the DUI offender to maintain a job and follow all the laid down for the probation period. This also includes reporting to the prison office usually once a month.

In case your daughter would be on probation, she also has to pay fees which include the fine, monthly probation fees and court expenditure on time.

The main purpose of probation is to educate the DUI offender to the consequences of driving under the influence. It is also mandatory for the offender to attend a DUI school.






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