One of the most serious crimes you can be charged with in Indiana is driving under the influence (DUI). Also commonly referred to as operating a vehicle while intoxicated (OWI), a conviction could lead to severe penalties, including suspension or revocation of your driver’s license, jail or prison time, and extensive fines. Your conviction will continue to follow you even after you have served your time and completed your sentence. This could make it difficult or impossible for you to move forward with your life.
Fortunately, you do not have to go through it alone when you have a dedicated Indianapolis DWI attorney advocating for your rights. Our Indianapolis DUI lawyers with The Nice Law Firm have spent over 30 years protecting the innocent and defending the accused. Find out how we would approach your defense strategy when you contact our criminal defense lawyers in Indiana to request a confidential consultation.
DUI Statistics in Indianapolis
Our Indianapolis OWI attorneys have seen a considerable number of drunk driving cases in our 30+ years of experience. There were over 2,700 DUI charges in Indianapolis in 2023, according to WRTV Indianapolis. There were also 13,524 fatal drunk driving collisions in 2023 across the country, based on data from the National Highway Traffic Safety Administration (NHTSA). There is an average of one death every 39 minutes due to driving under the influence. You may be shocked to learn that DUI accidents cause billions of dollars in damages every year.
For this reason, law enforcement officials have begun to crack down on DUIs in Indianapolis in recent years and press charges under Indiana Code Title 9. Motor Vehicles § 9-30-5-1. Prosecutors will be looking at cases more seriously and may be less willing to offer plea agreements depending on the circumstances of your case. When you hope to put this experience behind you and avoid the criminal penalties of a conviction, you need a reputable OWI lawyer from The Nice Law Firm on your side who will stop at nothing to clear your name of the charges against you.
Potential Penalties of a DWI Conviction in Indianapolis
It is important that you understand the possible penalties you will face if you are convicted of driving under the influence. Our DUI attorneys have seen how seriously your life could be affected if you are found guilty. These types of charges are not to be taken lightly. Here are some potential consequences you could face whether you are a first-time or habitual DUI offender:
- First DUI – Up to one year in jail, a two-year driver’s license suspension, and fines up to $5,000
- Second DUI – A minimum of five days or up to 2.5 years in jail, up to a 2.5-year driver’s license suspension, and fines up to $10,000
- Third DUI – A minimum of 10 days or up to 2.5 years in jail, fines not to exceed $10,000, and up to a 2.5-year driver’s license suspension
The greater the number of convictions on your record, the more serious the penalties will be. If aggravating factors are present, such as severe bodily injury or death, your charges could be elevated and leave you open to liability in a civil lawsuit. You should also expect to be required to install an ignition interlock device (IID).
You will need to blow into this breathalyzer before your vehicle will start. Most IIDs take photos of the person blowing into the breathalyzer to ensure you are the one taking the test. However, even with an Indianapolis DWI lawyer advocating for you, the collateral consequences of a DUI accusation may be felt for years to come.
Collateral Consequences May Haunt You
When you are charged with a DUI, the allegations will remain on your background check when you apply for jobs, fill out your request for federal student aid, or are looking for housing. This type of impact is commonly referred to as a “collateral consequence.”
Collateral consequences continue to affect you even after the DUI case has been resolved. Working with a top-rated Indianapolis OWI lawyer may be the best way to get dismissed criminal charges expunged and dodge the fallout of a guilty verdict. Some of the most common types of collateral consequences our OWI attorneys have seen include:
- Being terminated or demoted
- Having your professional license taken away
- Losing your child custody or visitation rights
- An increased risk of deportation or citizenship issues
- Loss of firearm rights
- Feelings of embarrassment or shame
- Loss of federal student aid eligibility
Our Indianapolis DWI Attorneys Can Challenge Your DUI Charges
Our Indianapolis DWI lawyers are prepared to conduct a comprehensive investigation so we can determine which approach is best suited for your DUI defense strategy. Even if your BAC levels were found to be above the legal limit of .08% or higher, that does not mean you need to plead guilty. Depending on the specific details of your case, potential defenses your DUI attorney with The Nice Law Firm may use include:
- Questioning whether the breathalyzer was calibrated properly
- Questioning whether the chemical blood alcohol test results are valid
- Challenging evidence that has been mishandled
- Raising concerns around prosecutorial or police misconduct during questioning
- Arguing that law enforcement officers did not have probable cause to stop your vehicle
- Raising concerns that your constitutional rights have been violated
You May Qualify for Pretrial Diversion
When you are charged with drunk driving, you may resign yourself to the fact that your case will be heard at trial. However, there may be an opportunity to avoid a lengthy court battle if you can work with the prosecutor to get enrolled in a pre-trial diversion program under Indiana Code 33-39-8-5(6). Although many prosecutors are unwilling to offer pre-trial diversion for DUI offenses, if you meet the eligibility requirements, the state may allow you to enter a rehabilitation program and avoid the harsh penalties that come with a criminal conviction.
Only first-time and non-violent DUI offenders will qualify. If you have multiple DWI convictions on your record or someone was seriously injured or killed due to a car accident you caused while drunk driving, you may be disqualified from pre-trial diversion enrollment. If you do meet the eligibility requirements, there are specific stipulations you must be prepared to meet. Some examples of these requirements could include:
- Paying a program fee
- Completing community service
- Abstaining from drug and alcohol use
- Obtaining gainful employment
- Attending school
- Completing a drug or alcohol treatment program
- Attending group therapy or mental health counseling sessions
It is important to know that if you do not meet the terms of your pre-trial diversion program, the prosecutor will proceed with your DUI charges. However, if you do fulfill the program terms, the prosecutor will reduce your DUI to a less serious offense or dismiss your case entirely.
Indianapolis DUI FAQ
Being arrested and charged with a DUI can be overwhelming. You are going to need a dedicated OWI attorney on your side who can help you defend yourself if your case goes to trial. Our Indianapolis lawyers work tirelessly for our clients to secure the most favorable outcome possible.
We understand that you may be confused and unsure of what the future might hold during this difficult time in your life. For that reason, we have compiled a quick FAQ that answers some of the most common questions our former clients have had regarding their drunk driving charges. Do not hesitate to contact our office to schedule a consultation if you have additional questions or concerns that are not answered here.
Can I get a DUI conviction expunged in Indianapolis?
Our DWI lawyers can review the specific circumstances of your case to determine whether you are eligible for a DUI expungement. Indiana law only allows DUI to be expunged after the waiting period has passed, according to I.C. 35-38-9.
If you were convicted of a felony DUI charge, you may need to wait as much as eight years from the time your sentence is completed to get your DUI expunged. If you were found guilty of a misdemeanor DUI offense, there will be a five-year waiting period before your record can be expunged.
You cannot, however, expunge your BMV record.
What are Indiana’s implied consent laws?
When you become a licensed driver, you are giving your implied consent to blood, breath, urine, or other chemical testing if law enforcement officials have probable cause to believe you were operating a vehicle under the influence of drugs or alcohol. Under Indiana Code 9-30-6, Failure to submit to requested chemical blood alcohol testing is considered a violation of the law.
For this reason, your DWI lawyer may recommend you agree to the blood or breath tests. Otherwise, you could face immediate suspension of your driver’s license. If this is a first offense, your driver’s license will be suspended for up to one year. However, if you have prior implied consent violations on your record, your driver’s license could be revoked for up to two years. This suspension will hold even if you are ultimately acquitted of the DUI charges against you or the district attorney dismisses your case.
It is important to note that law enforcement officials must read you the law when they stop you and request you agree to a chemical blood alcohol test. They must also complete the test within three hours of your stop; otherwise, the test results may be invalid.
How much does it cost to hire an Indianapolis DUI attorney?
Hiring experienced DWI attorneys when you are accused of drunk driving should be a top priority. The exact amount you can expect to spend will vary widely depending on the law firm you choose and the complexity of your case. Generally, Indianapolis DUI attorneys work on an hourly basis.
However, the specific details of your DWI will determine what your payment arrangement will be. Not only do your attorney’s fees cover the cost of a criminal defender, but they will also be used to cover the costs associated with building your defense. We may need to hire experts to analyze evidence and testify on your behalf at trial. For this reason, the more complex your case is, the more you can expect to spend on a DWI attorney.
Should I go with a public defender?
We do not recommend working with a public defender when you are facing serious criminal charges like drunk driving. Public defenders may be competent legal representatives, but they do not have the time or resources you need, and they are often overwhelmed by caseloads that are too much to handle alone.
They do not have the resources to hire experts who can challenge the district attorney’s evidence against you. When your future is on the line, you need OWI lawyers who can give your case the attention it deserves.
Turn To a Highly Skilled Indianapolis DUI Attorney for Help Clearing Your Name Today
One mistake should not have such a profound impact on your life. By working with our strategically aggressive Indianapolis DUI lawyers from The Nice Law Firm, you have an opportunity to challenge the evidence against you and potentially avoid the devastating penalties of a guilty verdict. A powerful Indianapolis DUI lawyer from our firm can carefully review the specific details of your case to ensure we are taking the strongest possible approach to your defense.
When you are ready to do whatever it takes to protect your future, you need an experienced Indianapolis OWI attorney on your side. Schedule a confidential consultation today to discuss potential strategies, gain insight into the potential penalties you are facing, and get answers to some of your most pressing DUI questions. Reach us by phone or through our secured contact form to get started.