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:

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.

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

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:

After weighing things out, I came to a decision that I will be hiring a lawyer who specializes in the charges against me. Just a few days ago, I was charged with DUI here in Indiana. Since I have already decided, how will a find a DUI lawyer who would help me in my case?

Angelo

Fort Wayne, IN

That would be a smart decision, Angelo. If you have been charged with DUI in Indiana, you should hire a competent and reliable lawyer who can fight against your charges and prove that you are innocent. DUI is a very serious traffic violation for which you may be seriously penalized.

There are a few things that you have to keep in mind in finding a DUI lawyer who would best help you in your case. You can check out online directories to get the list of Indiana DUI attorneys available. There are various lawyers that have the skill and expertise to defend you against your DUI charges. You may also want to speak with members and friends. They could be able to help and guide you about the lawyers best suited for your DUI case. You have to look for only attorneys who are specialized in DUI cases. They would know about the latest legal developments and will be able to guide you better. Lastly, you have to meet a few of the attorneys and consult them about your DUI case. This will give you an idea about how knowledgeable they are and about whether you feel comfortable working with them or not. If the lawyer is judgmental or too harsh, you will not feel comfortable and this may not work the case against you.

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.

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.

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?

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.