Arrested for DUI/OWI in Merrillville, Indiana? If so, you probably have many questions. Many people believe that there is nothing you can do if you are arrested for a DUI/OWI. But nothing could be further from the truth.
By reaching out to an experienced DUI/OWI defense lawyer in Merrillville, you can receive answers to all your questions and acquire the legal assistance you need to resolve the matter with the best possible outcome. Contact The Law Office of Joseph M. Roberts LLC today to learn more about how a Merrillville criminal defense lawyer can help.
DUI/OWI in Indiana (Indiana Code § 9-30-5)
OWI (Operating While Intoxicated), more commonly referred to as a DUI, is the most commonly committed criminal offense in Indiana. According to Indiana’s driving under the influence law, Indiana Code 9-30-5-1, the legal threshold for operating a vehicle while intoxicated is a Blood Alcohol Concentration (BAC) of 0.08% (For commercial drivers, this threshold is reduced to 0.04%, and for drivers under 21, it is 0.02%).
There are two ways you can be charged with DUI/OWI:
- Operating a vehicle while intoxicated
- Operating with a BAC of 0.08% or higher
Operating a vehicle while intoxicated requires the state to prove that you were intoxicated beyond a reasonable doubt.
Intoxicated, for these purposes, means that you were under the influence of drugs, alcohol, a controlled substance, or a combination of both so that your thoughts, actions, or normal motor faculties were impaired. This can be difficult for the state to establish and must often be determined by a jury based on the totality of the evidence presented in court.
On the other hand, operating a vehicle with a blood alcohol concentration of 0.08% or higher is usually established by a certified blood or breath test and, therefore, is a bit easier for the state to prove.
Consequences of a DUI/OWI Conviction in Merrillville
Being convicted of a DUI/OWI offense can be costly in many ways:
- Criminal Penalties: A DUI/OWI conviction will result in criminal penalties, including up to 1 year in jail and fines up to $5,000 for a misdemeanor offense, up to 2.5 years in jail and a fine of up to $10,000 for a level 6 felony offense, and the loss of your driving privileges for up to two years or more.
- License Suspension: There is a minimum of 6 months administrative license suspension while the case is pending unless the case is resolved sooner. There can be a mandatory license suspension for a person with a prior DUI/OWI conviction.
- Higher Insurance Costs: Indiana administrative law requires a person who has a DUI/OWI conviction to carry high-risk insurance for a period of three years following the conviction. This insurance is typically more expensive than standard auto insurance. Furthermore, not all insurance companies actually offer this option. So, being convicted of a DUI could actually result in your being dropped by your existing insurance company.
- Court Costs: The most tangible upfront cost of a DUI conviction is that the Court costs and fees associated with a DUI conviction can easily reach thousands of dollars.
Why Hire a Merrillville DUI/OW Defense Attorney?
An attorney can keep some of the penalties and costs associated with a DUI conviction down or eliminate them outright. A skilled attorney can also help keep your driving privileges by obtaining a hardship license for you.
Furthermore, an attorney can examine whether there were legal grounds for the stop that resulted in your arrest, if law enforcement engaged in improper procedure, and whether the results of the chemical tests should be deemed admissible at trial.
Unless proper procedure and certain evidentiary rules were followed exactly to the letter, the evidence and/or the result of blood or breath test may be excluded from your trial. Consequently, the state may have to drop the charges against you.
Contact The Law Office of Joseph M. Roberts LLC for a DUI/OWI Attorney in Merrillville, Indiana
A DUI/OWI conviction can impact your life in ways that you may never have imagined. That is why if you are facing DUI/OWI charges in Merrillville, it is crucial to get an experienced criminal defense attorney involved as soon as possible. The sooner you start preparing your defense, the more likely a positive outcome, and the less likely you are to face severe consequences.
Contact us at The Law Office of Joseph M. Roberts LLC to consult with an experienced Merrillville DUI/OWI defense lawyer. The sooner you get us involved, the more we can do to protect your rights and future.