If you are facing DUI/OWI charges in Crown Point, Indiana, having a skilled Crown Point criminal defense attorney is extremely important. A DUI/OWI conviction carries serious consequences, such as a license suspension, hefty fines, and potential jail time.
At The Law Office of Joseph M. Roberts LLC, we can help. Founding partner Joseph M. Roberts and his team are dedicated to building strong legal defenses protecting the rights of our clients.
You do not have to face a DUI or OWI charge alone. Contact us today for a free case evaluation and to learn more about how we can help.
The Importance of Immediate Legal Representation In DUI/OWI Cases
Given the severity of the potential penalties for an OWI conviction, it is imperative that after an OWI arrest, you take immediate steps to mitigate the consequences and gather evidence that can be used to defend the charges. The most important thing you must do is hire an experienced DUI/OWI defense lawyer in Crown Point who understands Indiana’s DUI laws and can help you navigate the complex legal process that will ensue.
At The Law Office of Joseph M. Roberts LLC, our approach to defending OWI charges includes a thorough case evaluation, challenging the prosecution’s evidence, and negotiating for reduced charges or alternative sentencing. Attorney Joseph M. Roberts has both the knowledge and experience to achieve the best possible outcome in the most complicated OWI cases.
Understanding DUI/OWI Charges in Indiana
According to Indiana Code § 9-30-5-1, operating a vehicle while intoxicated is a Class C misdemeanor. Indiana law defines Operating While Intoxicated (OWI) as operating a vehicle while you have a blood alcohol concentration (BAC) of 0.08% or higher, or with any amount of a Schedule I or Schedule II controlled substance, or while impaired by any amount of alcohol or drugs.
The law also makes it a criminal offense for anyone under the age of 21 to operate a vehicle with a BAC of 0.02% or higher.
Depending on the circumstances involved, an OWI conviction can result in stiff fines, jail time, community service, mandatory substance abuse programs, and additional collateral consequences. This underscores the importance of a skilled Crown Point DUI/OWI defense lawyer to help mitigate the consequences of the charges you face.
The Potential Penalties for DUI/OWI Convictions in Indiana
OWI in Indiana can be charged as a misdemeanor or felony crime, depending on the circumstances involved.
Misdemeanor OWI
In Indiana, misdemeanor OWIs are classified as either:
- A Class C Misdemeanor; or
- A Class A Misdemeanor
OWI with a BAC of 0.08 % but less than 0.15%, or while intoxicated by any amount or combination of drugs or alcohol, is classified as a Class C misdemeanor, punishable by a fine of up to $500 and up to 60 days in jail, or both.
OWI with a BAC higher than 0.15%, or while intoxicated by any amount or combination of drugs and alcohol, and aggravated by endangering someone’s life is classified as a Class A misdemeanor, punishable by a fine of up to $5,000 and up to 366 days in jail, or both.
Felony OWI
OWI in Indiana can be charged as a felony offense if any of the following conditions exist:
- A Previous Conviction within seven years: If you were convicted of OWI within seven years of the current charges, you could be charged with a level 6 felony, which carries six months to 2.5 years of incarceration and a fine of up to $ 10,000.
- Minor in the Vehicle: If you are at least 21 years old, had a BAC of 0.15 or greater, or were operating the vehicle in a manner that endangered the lives of others, and you were carrying a passenger who was a minor (under the age of 18), you can be charged with a level 6 felony.
- Serious Bodily Injury: If you were intoxicated with any amount or combination of drugs and alcohol, and you caused serious bodily injury to another, you can be charged with a level 5 felony. You can be charged with a level 4 felony with a prior within five years.
- Death: If you were intoxicated by any amount or combination of drugs and alcohol, and you caused a fatality, then depending on the circumstances involved (e.g., your BAC level and other aggravating circumstances), you could be charged with a level 5 felony carrying six years in prison and a fine of up to $10,000, or a level 4 felony, punishable by 12 years in prison and a fine of up to $10,000.
In addition to the criminal penalties an OWI conviction carries, you will face additional civil and collateral consequences, like increased insurance premiums, installation of an Ignition Interlock Device (IID), and the loss of commercial driving privileges if you are a CDL holder.
The bottom line is that an OWI conviction, be it a misdemeanor or felony, can have a lasting impact on both your personal and professional life and must be dealt with swiftly and effectively.
What Are the Potential Consequences of Refusing a Breathalyzer Test in Crown Point?
Refusing a breathalyzer test in Indiana can lead to immediate penalties under the state’s implied consent laws, per Indiana Code 9-30-6. When you obtain a driver’s license, you automatically agree to submit to chemical testing if suspected of impaired driving. If you refuse a breathalyzer, you may face serious administrative and legal consequences, including license suspension and enhanced penalties for a subsequent DUI/OWI conviction.
Refusing a breathalyzer does not guarantee avoiding a conviction, as officers may still use field sobriety tests, witness testimony, and police observations as evidence. Additionally, law enforcement can obtain a warrant for a blood test, which carries similar consequences if refused. Understanding the risks associated with refusal is crucial when making decisions during a DUI/OWI stop.
What Are the Most Common Defenses Used in DUI/OWI Cases in Crown Point?
When facing DUI/OWI charges, several defense strategies may help challenge the prosecution’s case. The right defense depends on the circumstances of your arrest, the accuracy of chemical tests, and potential violations of your constitutional rights. Below are some of the most common defenses used in DUI/OWI cases in Indiana:
Improper Traffic Stop
To conduct a traffic stop, law enforcement must have reasonable suspicion that you committed a traffic violation or crime. If an officer pulled you over without valid justification, any evidence obtained after the stop may be inadmissible in court. Indiana law protects against unlawful traffic stops, meaning a case may be dismissed if the initial stop was improper.
Our team can review dashcam footage, officer reports, and witness statements to determine if law enforcement acted unlawfully. If the stop was unjustified, all evidence collected after the stop, including breathalyzer results, may be thrown out, weakening the prosecution’s case. Without admissible evidence, the charges against you could be reduced or dismissed.
Faulty Breathalyzer Results
Breathalyzers are not always accurate and must be regularly calibrated and maintained to produce reliable results. If the device used during your arrest was improperly maintained or operated, it could lead to false high BAC readings. Additionally, external factors such as medical conditions, mouth alcohol, or certain diets can interfere with the accuracy of the test.
Medical Conditions or Substances Mimicking Intoxication
Certain medical conditions, medications, and even dietary habits can cause symptoms that mimic intoxication. Diabetes, acid reflux, and neurological disorders may lead to slurred speech, dizziness, or breath test errors. Additionally, some over-the-counter and prescription medications may result in false positives on chemical tests.
If your medical history shows a condition that could have affected test results, your DUI defense attorney may present medical records and expert opinions in court. This can create reasonable doubt about whether you were actually impaired, potentially leading to a dismissal or reduced charge.
How Can Previous DUI/OWI Convictions Affect My Current Case in Crown Point?
A prior DUI/OWI conviction in Indiana can significantly increase the severity of penalties in a new case. Courts view repeat offenses as a pattern of dangerous behavior, leading to harsher sentencing and limited defense options. Indiana imposes escalating penalties for multiple DUI/OWI offenses, with each conviction carrying more severe consequences.
If your current charge is a second or third DUI/OWI offense, you may face longer jail sentences, higher fines, and an extended license suspension. Indiana law classifies a third DUI/OWI within 10 years as a Level 6 felony, which could result in prison time and permanent loss of driving privileges. Additionally, habitual offenders may be ineligible for certain plea deals or alternative sentencing options.
Contact The Law Office of Joseph M. Roberts LLC for a Crown Point DUI/OWI Defense Attorney
If you or someone you care about has been charged with an OWI in Crown Point, Indiana, take immediate action by contacting The Law Offices of Joseph M. Roberts. Call us today at (219) 779-9187 or complete our contact form to schedule a free consultation.
The sooner you get us involved, the more we can do for you. We are committed to providing an aggressive and personalized defense strategy tailored to your unique situation.