Protecting Your Freedom and Legal Rights After a DUI Arrest
Being arrested for a DUI or OWI is already a stressful situation, but facing multiple offenses for DUI charges can be even worse. Indiana traffic and DUI laws follow a strict punishment structure that imposes stricter legal consequences if the violator has prior DUI offenses. While a first-time DUI is typically considered a misdemeanor, multiple DUI arrests can result in defendants facing felony charges, mandatory jail or prison time, license suspension, and extensive fines, just to name a few.
If you have been arrested for multiple OWI or DUI offenses, it is of utmost importance that you seek an Indianapolis multiple DUI defense attorney to represent your case. Aside from your driving privileges, your freedom and reputation are at stake. A subsequent conviction for another DUI offense can have severe penalties and long-lasting consequences that can be nearly impossible to overcome without legal help.
An experienced DUI attorney understands the legal intricacies of defending individuals charged with multiple offenses and what it takes to win the case. At our firm, attorney Zaki Ali can help you protect your rights and your future.
How DUI Laws Impact Your Case and Your Future
Indiana law often uses the terms DUI and OWI interchangeably when discussing
impaired driving. The term OWI is the official term that Indiana law uses to describe drunk driving or driving under the influence of controlled substances. Law enforcement officials often use DUI to describe individuals operating a vehicle over the legal limit. Individuals are charged with OWI if they have a blood alcohol content (BAC) of at least 0.08% or it is determined that they have operated a motor vehicle while using any amount of Schedule I or II drugs, such as heroin, morphine, or oxycodone. However, commercial drivers are held to a higher standard and may only register a BAC of 0.04% or less.
The penalties imposed for OWI or DUI convictions typically involve jail time, license suspension, and steep fines. Penalties for an OWI or DUI can become harsher with each subsequent offense. When an individual is arrested for their first OWI offense, their penalties are generally not as harsh as those for someone facing their fourth offense.
Under Indiana DUI laws, the first offense is generally charged as a Class C misdemeanor unless the suspect has a BAC of 0.15% or higher. However, if the DUI caused an accident that resulted in serious bodily injury, the defendant could be charged with a felony offense.
Individuals charged with a second DUI offense within seven years of the first offense may be charged with a Level 6 felony. A third DUI charge can also be charged as a Level 6 felony if it occurs within seven years of the first and second offenses.
How Implied Consent Rules Affect Your DUI Case
If you have been charged with an OWI, you must understand how implied consent laws can affect your case. Under Indiana law, implied consent means that anyone who has a driver’s license has agreed to comply with chemical testing simply by holding a driver’s license. Chemical testing includes blood, breath, or urine tests.
If a police officer has reason to believe that you are under the influence, they have the right to demand that you submit to chemical testing. A negative preliminary breath test does not prevent an officer from requiring a full chemical test if they have probable cause to believe you are under the influence.
Three-Hour Rule
Indiana DUI laws stipulate that a chemical test must be administered within three hours after the police officer has probable cause to believe that a suspect is driving while under the influence. Suppose the test is conducted after the three-hour time limit has expired. In that case, any evidence collected may not be admissible in court, and the prosecutor may have to rely on additional findings to prove their case.
Penalties for Refusing a Chemical Test
Indiana imposes strict penalties for those who refuse chemical tests, including an immediate license suspension, which is handled separately from an OWI suspension. Penalties include:
- First-offense refusal: One-year license suspension
- Any subsequent refusal: Two-year suspension
Another significant penalty for refusing a chemical test is being barred from obtaining a specialized driving privilege (SDP), also known as a hardship license. Additionally, a prosecutor can use your refusal to submit to the chemical test against you in court, making it more challenging to avoid an OWI conviction.
Important Insights Into Indiana Field Sobriety and Breath Tests
Indiana DUI law allows police officers to use field sobriety and breath tests to determine if drivers are operating their vehicles while under the influence. While field sobriety and portable breathalyzer tests are optional, if you refuse, officers can still require you to submit to testing at the police station. Certified breath tests must be conducted at the police station by trained personnel.
While portable breath tests can be used to determine probable cause, they are not admissible as evidence. Even so, field sobriety test results are admissible in court as they can be used to establish probable cause for the DUI arrest and the driver’s impairment.
NHTSA Standardized Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) has approved three standardized field sobriety tests commonly used by law enforcement agencies, which include:
- Horizontal Gaze Nystagmus (HGN): Police officers use this test to observe involuntary jerking of the eyes as they gaze side to side. Alcohol consumption can interfere with the brain’s ability to control eye movement, causing it to be more noticeable.
- One-Leg Stand: During this test, a person suspected of DUI is ordered to stand on one leg for a specific period of time. The one-leg stand is a “divided test,” meaning it assesses an individual’s balance, coordination, and ability to follow instructions under stress.
- Walk-and-Turn: This test assesses an individual’s ability to walk a straight line, making nine heel-to-toe steps, then turning. Police officers assess a person’s ability to focus on the task and mentally follow instructions.
Understanding the Penalties and Consequences of an Indiana DUI
Penalties for a DUI can become harsher with each additional offense. When an individual is arrested for their first OWI offense, their penalties are generally not as harsh as those for someone facing their fourth offense. DUIs can be charged as a felony if there was a minor in the vehicle at the time, it resulted in serious bodily injury, or your BAC was 0.15% or higher.
Even so, Indiana law imposes strict legal consequences for those convicted of OWI and for any repeat OWI offenses. Depending on your prior offenses, you could face harsher DUI penalties, including:
- First-Time DUI Offense: You could face 60 days to 1 year in jail, $500 to $5,000 in fines, and license suspension for 90 days to up to 2 years if you refused a chemical test.
- Second Offense: You could face 5 days to 3 years in jail, $10,000 in fines, and a license suspension of 180 days to 2 years.
- Third offense: You could face 10 days to 3 years in jail if charged as a misdemeanor, up to $10,000 in fines, and a 1-year to 10-year license suspension. You should be aware that a third DUI offense can be charged as a Level 6 felony. If charged as a felony, you could be ordered to serve up to 2.5 years in prison.
Although the judge may not order you to install an ignition interlock device (IID) for a first-time DUI, they may do so if your BAC was 0.15% or higher. An ignition interlock device is mandatory under Indiana’s DUI laws for those convicted of repeat OWI offenses.
Other legal consequences of DUI convictions may include being ordered to complete mandatory drug or alcohol assessments, substance abuse counseling, serving probation, submitting to testing, and completing community service.
The Lasting Effects of a DUI on Professional Licensing
Being convicted of one DUI can have negative long-term consequences that can be challenging to overcome. Still, for those who have received multiple convictions, the consequences can be life-altering.
A DUI can remain on your driving record for at least five years, but it remains on your criminal record forever unless you take steps to have it expunged. Individuals convicted of a third DUI within 10 years face being branded as a convicted felon, making it challenging to obtain gainful employment.
Most employers are hesitant to hire an applicant with even one DUI conviction, especially if the job duties include driving. Commercial drivers are held to higher standards and are usually subject to a one-year suspension for a first offense and, if convicted again, a lifetime ban. Even if a commercial driver has their CDL reinstated, most trucking companies and their insurance companies are hesitant to take the risk of hiring a driver who has been convicted of an OWI.
Professionals with state-issued licenses may also face similar disciplinary measures, including possible suspension or revocation. Many professions that require a professional license regard an OWI conviction as a sign of poor judgment or as having the potential to lead to severe substance abuse issues.
Effective Defense DUI Strategies
If you are facing drunk driving charges, you cannot afford not to have skilled legal representation to avoid jail time and other potential penalties. The most effective strategy is to hire an Indianapolis DUI attorney who can challenge the state’s allegations.
A skilled DUI attorney can challenge the initial stop and argue that the police officer lacked a valid legal reason for pulling you over. If it can be proven that the officer lacked probable cause, your attorney could also argue that any evidence obtained from the traffic stop be thrown out, severely weakening the state’s case.
Another common DUI defense strategy that often yields results is to raise questions about procedural errors committed by police officers during the stop and at the police station. In many instances, law enforcement officers administer field sobriety tests incorrectly or take too long to administer chemical tests.
A DUI attorney is also qualified to question the reliability of the testing equipment and whether it was calibrated correctly. In far too many instances, faulty equipment or improper calibration of testing equipment can lead to false positives. A DUI criminal defense attorney understands the legal nuances involved with DUI testing and what it takes to prove that a defective breathalyzer device produced an incorrect reading.
DUI lawyers can also raise concerns about medical conditions that can mimic impairment, some of which include:
- Prior injuries that cause impairment to the legs and feet. Arthritis conditions, especially in the legs and knees, can make it challenging for suspects to perform the walk-and-turn and one-leg-stand tests.
- Inner-ear issues and vertigo often lead to individuals experiencing dizziness and having trouble maintaining their balance.
- In some instances, breathalyzer tests can produce false positives for DUI suspects who suffer from acid reflux or diabetes.
Indiana DUI Tests and How They Differ
Indiana law enforcement authorities use blood, breath, and urine tests to determine if they can bring drunk driving charges. Although the tests are all meant to determine if someone suspected of DUI is legally intoxicated, they differ significantly in accuracy.
Blood Tests
Of the three tests, blood test results are considered the most accurate when determining BAC, as they directly analyze the blood and exclude external factors that often affect a person’s breath. Blood may be drawn only by a trained medical professional and administered at the police station or medical facility. Even though blood tests are considered to be the most accurate, Indianapolis DUI lawyers often challenge the results, as they may be compromised due to collection, storage, or contamination errors.
Breath Tests
Breath tests measure the amount of alcohol in the breath of a DUI suspect. A breath test indirectly measures blood alcohol content but is considered less accurate than a blood test. External factors, including medical conditions such as diabetes, can skew results, along with products such as mouthwash that contain alcohol. Test results obtained from a roadside portable breath test are not admissible as evidence in Indiana DUI cases.
Urine Tests
Of the three tests administered to determine if a suspect should face DUI charges, a urine test is considered the least accurate. An individual who is asked to provide a urine sample must first empty their bladder, then provide a second sample after a specific waiting period. Urine test results often provide inaccurate results due to the way that the body processes alcohol over time, and do not always indicate a dependable BAC reading. A DUI attorney can often challenge the results by presenting arguments as to when the last drink was consumed and whether their clients consumed other liquids.
What to Keep in Mind When Choosing an Indianapolis DUI Lawyer
If you are facing OWI charges, you need an Indianapolis lawyer who has the skills and experience needed to help you avoid criminal penalties. Unfortunately, many DUI defendants choose to try to handle their cases independently, which is risky even for a first-offense DUI charge.
Only an experienced OWI understands the legal intricacies involved with analyzing field sobriety tests, the results from chemical tests, and crafting solid defense strategies to dispel the prosecution’s case.
Zaki Ali Trial Lawyers is a Madison County law firm dedicated to helping clients avoid the severe penalties that come with multiple DUI convictions. Our law firm has a proven track record of achieving favorable client outcomes and will provide the legal representation you need to win your case so you can resume your life.
Offering Years Of Litigation Experience
Facing any criminal charge is never easy. Our Indianapolis DUI lawyer understands your worries and dedicates himself to defending your freedoms and reputation. With over 20 years of experience, he has the know-how to represent you and to strive for the best possible outcome in your case. Call Zaki Ali, Trial Lawyers, at 765-252-1539 or contact us online today to schedule a consultation.
