Facing a Scottsburg DUI charge is a stressful experience for anyone, with significant consequences if they are convicted. A time like this is not when you want to leave your future to chance. You need the dedication and experience of a reputable Scottsburg DUI lawyer. 

Fighting a DUI charge may be a task that feels insurmountable at times. Because of this, working with a competent Indiana criminal defense lawyer is critical. The respect and integrity we maintain at The Nice Law Firm can make you feel confident in your decision on representation in your DUI case. 

Understanding Intoxication Charges in Indiana

When people discuss the charge of operating a vehicle while intoxicated, you may hear it presented in multiple ways. When it comes to drunk driving abbreviations, they describe the same behavior. In Indiana, it is most commonly referred to as OWI, but some of the ways you may hear it referred to are:

  • DUI:  driving under the influence, 
  • OWI: operating while intoxicated, 
  • DWI: driving while intoxicated 

In the state of Indiana, it is illegal to operate a vehicle while under the influence of drugs or alcohol. This includes the use of prescription medication, even if they are taken as prescribed, but significantly alter your mental state. Under code 9-30-5, it is illegal to operate a motor vehicle while under the influence of drugs or alcohol. This can include legal and illicit substances that leave you intoxicated or with a blood alcohol level of .08 or higher.  

How is a DUI Charge Classified?

A simple, first offense Scottsburg DUI is a class C misdemeanor. However, many circumstances could increase the severity of the charge and bring it to a level 4 felony charge. The specific reasons your sentencing may become more severe will vary based on the details of each case, but you could expect the following occurrences to affect your case:

  • If you have a minor passenger in the car during the alleged DUI
  • If you have had prior convictions
  • If there was a significant bodily injury during the alleged DUI
  • If someone was fatally injured 

Two or more prior convictions will raise your charges to a level 6 felony. If someone was injured in an accident while committing a DUI, and you have prior convictions, this can result in a level 4 felony charge. There may be additional modifiers or aggravating circumstances that could affect the charges and how they are classified.  If you have concerns about any aggravating circumstances in your case, you should speak with your Scottsburg DWI lawyer.

Penalties for an Indiana DUI

If you are facing an Indiana DUI charge, some significant penalties are attached. If the charge concerns a vehicle accident that caused injury, you may face a civil court case and criminal charges. These commonly assigned penalties may include incarceration, monetary fines, education or rehabilitation courses, license suspensions, or probation. Indiana has general sentencing guidelines, including maximum sentences for certain crimes. Under Indiana code IC 35-50, some of the sentences you may face if you are convicted of an Scottsburg OVI are:

  • First offense: confinement not to exceed one year 
  • Second offense: five days to 2.5 years
  • Third offense: 10 days to 2.5 years with the possibility of an eight-year habitual offender modification. 
  • Minor in the car and operating the vehicle in a dangerous manner: 6 months to 2 years
  • Significant bodily injury: two to twelve years confinement
  • Causes the death of another person: two to twelve years confinement 

These are general guidelines and can vary based on the details of your case. The sentences could be severe depending upon the context of your situation, including criminal history and aggravating factors.  An experienced OWI lawyer may help you reduce these charges when possible. 

Financial Penalties

With a conviction of any kind, you will likely incur a fine. The amount is up to a judge but can be thousands of dollars depending on the charge and circumstances of the case. Aggravating factors may add additional penalties. Further, while court and treatment fees may not be directly meant to punish, they are costs you may incur out of pocket while completing your sentencing for a DUI conviction. In some instances, you may be eligible for a restricted driver’s license, which will also require additional costs. 

Effects on Insurance

Sometimes, you may be unable to secure a new car insurance policy if you have a DUI on your record. If you can secure coverage, it comes at a much higher premium. In many cases, proof of insurance or ability to cover damages is a requirement to have your license reinstated after suspension. This means you may have more trouble reinstating your license if you are not actively paying the higher premiums for coverage. 

Long-Term Effects of an Indiana DUI

After the initial costs and stress from the trial, and after you have completed any imprisonment, evaluation, treatment, and probation, you still may be dealing with a suspended license and unable to drive. Additionally, you may now be facing a conviction on your criminal record, which may affect housing and employment opportunities for several years. The amount of time your conviction shows on your record depends on what kind of record is being pulled, by whom, and for what reason, but you can expect to be heavily affected by your conviction for several years following. 

How can a Scottsburg DWI Attorney Help?

A DUI case can feel overwhelming. From the beginning of the stop, you may be put on the defensive, and if you fail the field testing, your car is impounded at your expense, and you are taken immediately to jail. Just these initial few hours of the ordeal can overwhelm the most stoic of us. When you add in the stress of repercussions of a conviction, the challenge of facing a DUI charge can feel insurmountable. This is why you need a strong Scottsburg DUI attorney. Our team at The Nice Law Firm is knowledgeable on DUI defense and proven at trial. This is evident when you hear what people say about us and how we represent them. 

Investigation 

When we get the details of your case, we know what to look for to find pieces that need further investigation and the common pitfalls that may cause the case to lose credibility or legal standing. Ultimately, we know your rights and how to identify when they are violated. Our OWI attorney will diligently review your records and evidence to create the most robust defense we can. 

Trial

Having an attorney for a trial can be the difference between spending the rest of your life as a convicted felon or potentially having your case dismissed because your lawyer caught an error in the prosecution case. Every case doesn’t get dismissed, and if that doesn’t happen in yours, our team will work to minimize the consequences that you have to face and negotiate on your behalf for the best outcome you can get.

Administrative Tasks

Having a Scottsburg OWI lawyer means you have someone who is familiar with the court system and what is expected of a defendant in a court case. This includes filing motions and navigating the process on your behalf. Additionally, they may have access to resources to assist you in treatment requirements, community service, or waivers for some of the costs you will likely incur. 

Protecting Your Rights

When people are stopped by the police or spoken to by them, they are unsure how to proceed. If you are uncertain what you are allowed to do and not do, it may get you in more trouble than you have already found yourself. So, when considering what to do if you are questioned by the police or arrested, you should keep a few things in mind. 

  • Be polite: We hold this belief to be true in all aspects of life at The Nice Law Firm. You have little to gain from being rude, particularly to a police officer, but it can reflect poorly on you. It may open you to additional criminal charges other than the initial concerns that prompted your stop.
  • Recording your interaction with the police provides a neutral third-party perspective of an otherwise biased narrative. When it comes to your word against a law enforcement officer, most people will immediately give the officer more credibility than you.
  • Speak as little as you can with the officer. Be polite, but don’t admit any kind of guilt or provide more information than necessary because saying more will almost always work out poorly for you.
  • If you are being arrested on charges of a DUI, you are entitled to an attorney and should take advantage of that. Whether you qualify for a public defender or seek a private law firm for representation, you deserve to have someone looking out for your legal interests.

Police officers and investigators always speak to you intending to build a case. It is almost unheard of for them to speak to someone to prove innocence. Remember that you have rights, and you are entitled to exercise them. 

Implied Consent

You cannot decline to submit for a breath test in many states, and Indiana is no exception. According to IC 9-30-6-1, consent to a breath test is implied by driving on public Indiana roads. Refusing to submit to the test will result in an automatic suspension of your license for a minimum of 90 days in accordance with IC 30-9-7.

Developing Your Defense

Every DUI case has different details and circumstances that require a different approach to develop an appropriate defense. However, there are typical patterns that your Scottsburg OWI attorney may pick up on. When your lawyer is developing a defense for your case, they may be considering a few paths for DWI/OWI defenses in Indiana and how you can fight your charges in court. 

Question Legality of the Stop

For an officer to stop you, they need to have probable cause. That may be an expired tag, a dead break light, or erratic driving, but they must have a reason. Sometimes, a DUI attorney can argue that the officer did not have adequate probable cause to stop you. In situations like this, it is possible that your charges can be dropped if the prosecutor cannot present other evidence. 

Question the Testing

Officers may do different types of testing at a DUI stop. The three standard tests are field sobriety, breath, and blood tests. The problem with these tests is consistency and reliability. Field sobriety tests can be subjective in assessment, breath tests require meticulous upkeep and maintenance on the device, and blood tests are not immune to human error. However, your Scottsburg DWI attorney likely knows this already, and they are responsible for investigating the potential flaws in the method and presenting them to the jury. If your lawyer can instill enough doubt in the jury regarding the legitimacy of your testing, the outcome of your case may be dramatically better. 

Questioning Witness Integrity

If the prosecutor relies on witness testimony, a common strategy for fighting charges is to discredit the witness. If the witness is the arresting officer, this may be investigating and asking questions about previous errors in judgment they may have made in the field. For a lab worker, your DWI lawyer may ask questions about the lab’s procedure or how your sample was handled that may highlight errors in the findings. 

Call a Scottsburg DWI Attorney Today

At The Nice Law Firm, we know that we don’t have to be rude or verbally aggressive to make excellent legal arguments, which shows in our reputation and work. If curious, meet the team before calling for a free case consultation. In this consultation, we can discuss some of your case’s details and explore the legal resources that may be appropriate for your needs. 

One of the benefits of retaining a Scottsburg DWI attorney with us is that we value open communication. We provide regular monthly updates and have an excellent staff that includes paralegals to ensure that our attorneys can focus on their role in the courtroom while knowing that their clients are getting high-quality attention and care. You deserve to have competent and experienced representation while you face these charges. Call us today for a consultation.