If you or a loved one has been arrested or charged with driving under the influence (DUI) or operating while intoxicated (OWI) in Valparaiso, Indiana, The Law Office of Joseph M. Roberts LLC can help.
We know that good people can make mistakes and find themselves in bad situations. A Valparaiso Criminal Defense Lawyer is here to build a strong case on your behalf and minimize the effects of a drunk or drugged driving charge on your life, freedom, and future. Contact us today for a free initial consultation.
Why Choose The Law Office of Joseph M. Roberts LLC?
- Our founder and solo practitioner, Attorney Joseph M. Roberts, is dedicated to advocating for clients’ rights and achieving the best possible results for DUI/OWI cases every time.
- Attorney Roberts is backed by knowledgeable and helpful support staff and a network of fellow attorneys. You will benefit from exceptional litigation without the cost of a large firm.
- We exclusively practice criminal defense. Our in-depth knowledge of DUI defense and extensive trial experience allows us to expertly handle even the most challenging cases for clients.
- Our law firm defends individuals facing drunk and drunk driving charges more often than any other single charge. We understand the nuances and issues involved in these cases.
How Can a Valparaiso DUI/OWI Defense Attorney Help?
It is imperative to hire an experienced criminal defense attorney to help you navigate the legal process involved in a DUI charge in Valparaiso. A DUI/OWI defense lawyer in Valparaiso can provide legal expertise and a strong defense strategy to reduce the negative consequences of this criminal charge on your life as much as possible.
For example, your Valparaiso DUI/OWI defense lawyer may be able to challenge the arrest or call into question the evidence against you. Your lawyer may also be able to mitigate the penalties, such as helping you avoid jail time or regain your license. From negotiating a plea bargain to representing you in court and fighting for acquittal, your attorney will fight to protect you at every turn.
What Is a DUI/OWI Charge in Indiana?
According to Indiana Code § 9-30-5-1, operating a vehicle with an alcohol concentration equivalent to 0.08 grams of alcohol or more but less than 0.15 grams of alcohol per 100 milliliters of the person’s blood or 210 liters of the person’s breath is a Class C misdemeanor. This is a standard OWI charge in Indiana.
It is also a Class C misdemeanor to operate a motor vehicle while under the intoxicating influence of a Schedule I or II controlled substance in Indiana. If the person is operating a vehicle with an alcohol concentration equivalent to at least 0.15 grams of alcohol, this offense is enhanced to a Class A misdemeanor.
Potential Penalties for a DUI/OWI Conviction in Valparaiso
DUI/OWI offenses are taken seriously in Indiana. The potential consequences of a conviction should not be taken lightly. It is critical to put forward your best defense to minimize the impact of a drunk or drugged driving arrest. Potential penalties for a conviction can include:
- First offense (0.08 to 0.14 grams of alcohol): a fine of up to $500, plus court costs and fees; up to 60 days in jail; driver’s license suspension for up to 60 days, although the administrative suspension while the case is pending could be greater.
- First offense (0.15 grams of alcohol or higher): a fine of up to $5,000, plus court costs and fees; a jail sentence of up to one year or greater; driver’s license suspension for up to one year, administrative suspension while the case is pending could be greater. These penalties may also apply to OWI-Endangering a person.
- Second offense: a fine of up to $10,000, plus court costs and fees; a mandatory minimum jail sentence of five days up to 2.5 years; or 240 hours of community service; driver’s license suspension for 1 year to 2.5 years, although the administrative suspension while the case is pending could be greater.
- Third offense: a fine of up to $10,000, plus court costs and fees; a minimum jail sentence of 10 days up to 2.5 years; or 480 hours of community service; driver’s license suspension for 1 to 2.5 years, this can go up to 10 years suspension if the person becomes a habitual traffic violater.
Most DUI/OWI offenses in Indiana are misdemeanors. However, if aggravating factors exist (e.g., if a minor was in the vehicle, or the driver caused injury or death to another person), the charge can be enhanced to a felony. Felony DUIs are penalized more severely.
What Are Potential Defenses to DUI/OWI Charges in Valparaiso?
A solid defense can make all the difference during a DUI/OWI case. A good defense strategy can protect you from the worst possible legal consequences. Several defense options may be available to you, such as:
- Unlawful traffic stop or no probable cause
- No actual physical control of a vehicle
- Inaccurate or unreliable breath, blood, or urine tests
- Malfunctioning or improperly calibrated breathalyzer device
- Rising blood alcohol content level
- Improper administration of field sobriety tests
- Valid medical reason for field sobriety test failure
- Unlawful search and seizure
- Police misconduct or civil rights violations
The right DUI defense strategy for you will depend on your specific circumstances. At The Law Office of Joseph M. Roberts LLC, we will examine the facts of your case and custom-tailor a defense strategy to
What to Do During a DUI/OWI Traffic Stop in Valparaiso
If you are pulled over by a law enforcement officer and questioned about whether or not you have been drinking, use your right to remain silent. Do not answer any questions without a lawyer present (besides identifying yourself). Stay calm and respectful; cooperate with the police as much as possible without giving away too much information.
Decline to take a field sobriety test. In Indiana, you are not legally required to take this type of test. If you refuse to take a breathalyzer test, however, know that you will automatically have your driver’s license suspended for one year, even if you are not convicted of a DUI. This is the rule under Indiana’s implied consent law.
If you get arrested on suspicion of driving under the influence, do not resist arrest and do not say anything incriminating. Simply state that you will not answer any questions until you have an attorney present. Then, contact The Law Office of Joseph M. Roberts LLC at the earliest opportunity for assistance. We answer calls day and night, including on weekends.
Request a Free Consultation With a DUI/OWI Defense Lawyer in Valparaiso
What you do after being arrested for DUI/OWI in Valparaiso can make all the difference. One phone call to Valparaiso Criminal Defense Lawyer Joseph M. Roberts could change your life. Our law firm will provide the strong criminal defense that you need during this difficult and stressful time. Call or text us at (219) 779-9187 for a free DUI case consultation.