DUI

Key Takeaways Indiana law does not suspend a license at the moment of arrest without a failed or refused chemical test. A chemical test result of 0.08 or higher triggers an automatic 180-day suspension. Refusing a chemical test triggers a separate suspension of one year, or two years with a prior conviction. A judge may also order suspension at arraignment, separate from the automatic bureau suspension. Drivers can check current suspension status through their official…

Where to find Alcohol & Substance Abuse Evaluation Treatment Locations: Most people who are charged with substance offenses in Indiana, whether it be alcohol or drug related, they will be required to complete an alcohol or substance abuse evaluation and any recommended treatment as part of any resolution of their case. And, as most experienced criminal defense attorneys will agree with, completing the evaluation before any potential plea negotiations will help soften the typical, potential…

Drunk driving, or driving under the influence (DUI), is a serious offense. Law enforcement agencies employ various tools and procedures to detect and prosecute individuals who operate vehicles while impaired by alcohol. Two common methods used in DUI cases are certified chemical tests and portable breath tests (PBTs). While both are aimed at determining blood alcohol concentration (BAC), they serve different purposes and have distinct characteristics. In this article, we’ll delve into the disparities between…

      By the very nature of the types of cases that misdemeanors are, they are the most common type of criminal charges that are filed.  These include DUI, battery, public intoxication, theft, shoplifting and possession of marijuana, among others.  We are often asked do I need to hire an attorney for my misdemeanor and here are 5 reasons why you most likely would want to hire an attorney when facing a misdemeanor criminal…

The Indiana open container law often comes into play during everyday situations. Imagine finishing dinner with friends, placing a half-empty bottle of wine in the backseat, and then getting pulled over on your way home. Even without drinking behind the wheel, that simple mistake could result in a citation or misdemeanor charges. Indiana law makes it illegal for drivers and passengers to keep open alcoholic beverages in the passenger area of a vehicle on public…

When we are representing defendants against criminal allegations, our clients often ask what a judge might consider when imposing a sentence after a guilty verdict at trial or as part of a guilty plea, where the parties are free to argue the sanction to be received. While there is a wide range of considerations—such as the defendant’s personal history, the victim’s wishes, witness testimony, character letters, and the nature of the crime—many people don’t realize…

  A very common question we hear from clients and potential new clients all the time, is “Why am I charged with Operating a Vehicle While Intoxicated and Operating a Vehicle While Intoxicated Endangering a Person?”  This is a very common and understandable question! Many people also are very confused about how they could have endangered a person.  Sometimes we hear that there was no one else on the road.  Sometimes we hear that they were pulled over…

Oftentimes, people who don’t regularly work in the criminal justice system have a misunderstanding of the term “evidence.”  This is likely due, in part, to all the CSI-type shows which have conditioned us to believe that fingerprints, DNA, or surveillance videos are going to be found that prove conclusively a certain person committed a crime.  This is far from true in practice, however.   While the State must present proof beyond a reasonable doubt to…