Free Indiana DUI Lawyers

Reader’s Question:

A friend of mine has been arrested for DUI here in Indiana and I am so dead worried for him that he might be imprisoned. What can he expect should he be convicted for his first DUI case?

Lorraine

Hammond, IN

A DUI conviction in the state of Indiana is a very serious matter but having the knowledge of the law would aid your friend as he goes on the conviction procedure. He doesn’t have to be frightened if this is his first DUI arrest, but he faces severe punishments under the DUI laws of Indiana so he has to determine what he can expect.

Drunk driving is commonly referred to as Operating While Intoxicated (OWI) in Indiana. Nearly all first time DUI’s are misdemeanor cases, given that the breath alcohol concentration (BAC) is no more than .15%. A first DUI conviction would have a fine of $500 plus court cost and fees for alcohol classes required by the court. He can also serve 60 days in jail, but nearly all first time DUI cases have a shorter period of jail time. An experienced DUI lawyer could also aid your friend to have shorter time in jail should he get convicted.

Because of his DUI arrest, it is also possible that he may lose his driver’s license. As a minimum, his driver’s license can be suspended for 180 days but should he pleads guilty, he can have a 90-day suspension or a 30-day suspension then 180 days of restricted driving privileges. Only an experienced DUI lawyer could aid him to find out which of the options would be best since it could not be to his advantage in the end if he pleads guilty. His best route to take is to hire a DUI lawyer and make a decision how to go on with his DUI case.

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:

I know that I am facing a serious charge after my DUI arrest in Terre Haute, Indiana. What I need to know now is that, what are the penalties involved for a first-time DUI offense if I get convicted?

Laney

Terre Haute, IN

After your DUI arrest in Terre Haute, Indiana, your driver’s license was taken away, and that is the first penalty that you will ever receive for being charged for DUI. But the good news is that you could still drive until you receive your suspension from either the court or the Indiana Bureau of Motor Vehicles. When facing your DUI court case in the state of Indiana, it is very essential that you hire the services of a DUI lawyer. If you plead guilty for the DUI charge, it can make it easier to get your license back but it will add a DUI offense to your record.

If you are ultimately convicted for your DUI charge, you are facing very strict penalties. First is that you will be sentenced for jail time of 60 days to one year an there is no mandatory minimum. You will also have to pay fines of $500 to $5,000, again no mandatory minimum; there is a possible installation of ignition interlock device and you will also have a possible probationary license.

Reader’s Question:

What do you think is the best thing that I should do if I am stopped here in Hammond, Indiana for DUI and questioned by an officer after I have been drinking?

Herbert

Hammond, IN

If you are stopped by an officer in Hammond, Indiana for DUI suspicion, you are probably being videotaped. You just have to be polite and courteous because antagonizing the police officer would invite problems. If asked, you should hand the officer your license and proof of insurance. Don’t ever admit guilt, never apologize, and most especially, don’t volunteer any information. This is definitely not the perfect time to beg your way out of a traffic ticket. If you are questioned, you could respectfully tell the officer that you would not answer any questions without a lawyer present. When the officer is finished writing the ticket/warning, ask if you are free to leave.

If you are told that you are free to leave, you have to thank your lucky stars that you have not learned your lesson the hard way and next time, be on your way carefully and lawfully. Don’t drink and drive again to avoid being stopped again for DUI or if you can’t avoid drinking, you could have someone who hasn’t been drinking to drive you home safely. If you are told by the officer that you are not free to leave, you have to immediately request for a lawyer, terminate the interview and best of all, remain silent.

Reader’s Question:

I have been charged with my first DUI offense in Gary, Indiana. I don’t really know how the court process works. What will happen on my first court date and to I have to attend that if I have retained a lawyer?

Rasheed

Gary, IN

Many are actually not familiar with the court process in any criminal case, including a DUI charge. Since you have been charged with DUI in Gary, Indiana, your first scheduled court appearance would be the arraignment. This is the formal reading of your criminal complaint to inform you of the DUI charges against you. During this hearing, you will be asked to enter a plea which is either guilty, not guilty, or no contest in response to the DUI charges against you. The police report at the time of your DUI arrest and a Complaint, typically, are presented to the court. If you plead guilty, an evidentiary hearing will follow. If you plead not guilty, a date will be set for a preliminary trial.

But if you have been charged with a misdemeanor DUI and have retained a lawyer, you will typically not need to be present for the first court appearance. If it is a felony DUI case, your attendance at the arraignment is mandatory, regardless of whether or not you have retained a lawyer on the matter.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I have never been caught drunk driving here in Indiana though to be honest, I do drink and drive sometimes. If I will be asked to stop because of a DUI suspicion, what will the officer ask me to do and what usually happens during a DUI arrest?

Nolee

Anderson, IN

A chain reaction of legal steps ensues if you will be caught by a police officer driving under the influence in the highways of Indiana. Drunk driving is a very serious offense and the law has strict penalties for people who will be proven guilty of the charge.

So, if a law enforcement officer asks you to stop because of a DUI suspicion, you will generally be asked to perform field sobriety tests (FST) or an actual sobriety test to measure your level of intoxication. Various testing options exist including breath, blood and urine. The state of Indiana has an implied consent law which means that if you are driving, you are implying consent to take an alcohol test on the spot if requested. The motorist usually has a choice of tests. The breath test is easier to fault for accuracy than blood test but breathalyzers do not scan for the presence of other drugs. If you refuse the test or have a blood alcohol content (BAC) level over the limit of .08 percent, the police officer would probably take you into custody at the local police station. Depending on previous charges, it is likely that someone would have to pick you up or you will have to sleep overnight at the station to sober up.