Tag: Dui Charge



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:

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.

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Reader’s Question:

One thing that worries me about getting a lawyer to defend me in my DUI charge in Terre Haute, Indiana is the cost of hiring one. And they say that I need to get someone who specializes in DUI cases. Why do I need a DUI lawyer and how much does a DUI lawyer cost?

Steven

Terre Haute, IN

You need an Indiana DUI lawyer who focuses his practice on Indiana DUI defense to represent you on your DUI charge in Terre Haute, Indiana. Some lawyers only practice Indiana DUI and Criminal Defense. Other Indiana lawyers specialize in other fields of the law. That’s basically the reason why you need to hire a DUI lawyer. There are some things in a DUI case that a general practitioner would hard to understand that only a DUI lawyer can.

A lawyer who focuses his practice on DUI defense would cost more than a general practitioner. Fees can range anywhere from $500 to $15,000, depending on the DUI lawyer and circumstances of the DUI case. I would say that a quality DUI defense lawyer could be expensive. However, you can still be able to find a DUI lawyer who would make sure that even those with limited funds can afford a quality DUI defense. Some DUI lawyers in Indiana have fixed fees and even work out flexible payment plans in some circumstances.






Reader’s Question:

A friend of mine was charged with DUI here in Evansville, Indiana. She told me that her DUI lawyer has several defenses that will be brought out on her trial. She said that there are factors other than alcohol that can cause poor performance on DUI field sobriety tests. What are these factors that can result to unfair test?

Geneva

Evansville, IN

Your friend seems to have a good DUI lawyer. This kind of lawyer knows that DUI convictions are not hopeless and it can be realistic to fight and win against a DUI charge in Evansville, Indiana. Pleading guilty to the DUI charge is not the answer in most circumstances.

Even if your friend performed less than perfectly on the DUI field sobriety tests (FST), this may be attributable to unfair test conditions such as having a distraction of flashing lights and traffic whizzing by, the test may have occurred on uneven surfaces or slippery terrain, the test area being too dark or amidst glaring lights, cold temperatures, rain or wind, unsuitable footwear-such as boots, high heels or dress shoes or nervousness, anxiety and/or frustration.

Under these conditions, most people who had nothing to drink would still struggle with the FST’s. Even if your friend struggled on the roadside tests, this may well be attributable to the setting and circumstances rather than attributable to her being intoxicated. This is often enough, when combined with a skilled DUI defense lawyer to raise reasonable doubt in jurors’ minds as to whether or not she was indeed intoxicated.






Reader’s Question:

My daughter was charged for DUI here in Indiana. We know a lot of good lawyers around but none of them is a DUI lawyer. How would a regular lawyer help us in my daughter’s case?

Nancy

Fort Wayne, IN

Thanks for asking, Nancy.

There are many urban legends, half-truths and falsehoods about DUI charges. Some people mistakenly think a chemical test refusal will get them out of a DUI stop. Some believe such nonsense as sucking on loose change can help beat a breathalyzer test if pulled over by police under suspicion of driving under the influence of drugs or alcohol.

The number one myth of drunk driving arrests is the idea that any lawyer can represent someone accused in a drunk driving accident or a DUI stop.
A qualified Indiana DUI legal expert is your daughter’s best defense against a DUI charge. If your daughter believes that she has been falsely or inaccurately accused, she doesn’t have to try her luck with a lawyer who has no proven track record in DUI cases.