Being arrested on DUI/OWI charges is not only serious but can be extremely stressful, upsetting, and humiliating. There is really no such thing as a minor DUI/OWI offense under today’s strict laws. But simply giving in and pleading guilty is a decision that many people later regret.
A DUI/OWI conviction can have far-reaching effects, not only financially, but on your family and even your career. If you have been charged with DUI/OWI in Hammond, Indiana, you have a legal right to speak with a Hammond criminal defense lawyer, and it is in your best interest to quickly exercise that right.
Call The Law Office of Joseph M. Roberts LLC today to schedule a free initial consultation with an experienced and dedicated DUI/OWI defense lawyer in Hammond. Let us do everything we can to protect your rights and freedom.
Operating a Vehicle While Intoxicated in Indiana (Indiana Code § 9-30-5)
In Indiana, there are three different ways you can be charged with the crime of Operating a Vehicle While Intoxicated (OWI), commonly referred to as DUI in other states:
- OWI per se
- Operating a vehicle while impaired by drugs, alcohol, or any combination thereof
- Operating a vehicle with any amount of a Schedule I or II controlled substance in your blood
According to Indiana’s driving under the influence law, Indiana Code 9-30-5-1, an OWI occurs when you submit to testing of your Blood Alcohol Level (BAC) and the results are above the legal limit. In Indiana, the legal limit for OWI is 0.08%. However, if you are under 21 years of age, the legal limit is 0.02%, and if you hold a commercial driver’s license or CDL, the limit is point 0.04%.
The second way you could be charged with DUI/OWI occurs when you operate a vehicle while your ability to drive safely is impaired because you have alcohol, illegal drugs, or even prescription medications in your system. As such, even if your BAC is under the legal limit, you could still be charged with DUI/OWI if you show physical manifestations of impairment.
Finally, the third way law enforcement can charge you with DUI/OWI is when they have reason to believe you have any amount of a Schedule I or II drug (such as marijuana, cocaine, or methamphetamine) in your blood, whether you are intoxicated or not.
The Penalties for DUI/OWI in Hammond
The penalties for a DUI/OWI conviction in Indiana can be severe and largely depend on the severity of the offense, the circumstances involved, and whether it is a first, second, or subsequent offense.
- First-Time Offenders: A first DUI/OWI offense in Indiana is typically classified as a misdemeanor and can result in penalties including up to 60 days in jail, fines of up to $500, and a potential suspension of your driver’s license for 180 days. These penalties will increase significantly in severity if your BAC is over 0.15%.
- Second and Subsequent Offenses: A second or subsequent DUI/OWI within seven years will be charged as a felony offense, with the potential penalties for a conviction escalating in severity with longer jail time, higher fines (up to $10,000), and suspension of your driver’s license for a longer period of time.
Aggravating Factors That Can Increase The Penalties
There are certain aggravating factors that, when present, will increase the severity of a DUI/OWI in Indiana, as well as the penalties you will face if convicted. These aggravating factors include:
- A BAC over 0.15%
- Causing injury or death to another person
- Having a minor in the car
Each of these aggravating factors can escalate the charges to a higher misdemeanor or felony, carrying harsher penalties such as a longer jail sentence and fines of up to $10,000.
Other Consequences of a DUI Conviction
Apart from the mandatory jail time, mandatory license suspension, and other possible criminal penalties that come with a DUI/OWI conviction in Indiana, you can also face other collateral consequences, such as:
- Loss of independence and mobility
- Loss of employment
- Difficulty securing new employment
- Much higher automobile insurance rates
- Limitations on your ability to travel
- Negative impacts on your immigration status or application
For many people, these few examples are enough reasons to fight a DUI charge. Even if you think your case is hopeless, with the help of a seasoned Hammond DUI/OWI defense lawyer, you can often find weaknesses in the state’s case that your attorney can exploit to mitigate some, if not all, of the consequences.
Do I Need an Attorney To Fight My DUI Charge?
Yes, you do. But keep in mind that just because an attorney works in criminal defense does not mean they are necessarily qualified to handle a DUI defense case.
The complexities of DUI cases are more challenging than many other types of criminal cases. Lawyers who are untrained in DUI law simply do not know what evidence to seek to achieve the best possible outcome.
Only highly trained trial lawyers get DUI/OWIs reduced or dismissed. This is because prosecutors know that other lawyers are simply not equipped to take a case to trial and go in front of a jury.
The Law Office of Joseph M. Roberts LLC was established to provide citizens across Northwest Indiana with aggressive and experienced legal representation. Our skilled Hammond DUI/OWI attorneys have helped hundreds of local clients with their DUI charges, and many were given a second chance to get their lives back on track.
Contact The Law Office of Joseph M. Roberts LLC for a Hammond DUI/OWI Defense Attorney
Nobody should ever drink and drive. But sometimes, a simple error of judgment can lead to a DUI/OWI charge. If you have been charged with a DUI/OWI in Hammond, Indiana, you will get a criminal record unless you beat the charges. To beat the charges, you need an experienced Hammond DUI/OWI defense lawyer.
At The Law Office of Joseph M. Roberts LLC, we defend clients all over Northwest Indiana who are facing DUI/OWI charges. We are available 24 hours a day and offer everyone a free case evaluation. Contact us today to schedule a free consultation. Let us review your case and explore your legal options. Do not plead guilty, do not represent yourself, and do not accept a criminal record.