DUI

Marijuana legalization has surged around the country, including in states surrounding Indiana.  Many people who utilize marijuana legally outside the state often have concerns about whether they could be charged with and convicted of an operating while intoxicated offense in Indiana based solely on the presence of marijuana (or its metabolites) in their blood.    Indiana law currently criminalizes operating a vehicle with a controlled substance listed in schedule I or schedule II or its…

Operating a Vehicle While Intoxicated (OVWI) is one of the most frequent crimes charged in Indiana.  While it is never a good idea to get behind the wheel after drinking alcohol to the point of intoxication, many people think that motorized scooters or bicycles are a safe, legal way to get home after a day (or night) of drinking.  The question becomes, then, is it possible to get an OVWI on a scooter or bicycle? …

Although DUIs (or OVWIs in Indiana) are unfortunately all too common, there are several charges that can be brought based on the circumstances, and the charges can range from simple misdemeanors to complex felonies. Below is a breakdown of each Operating a Vehicle While Intoxicated (“OVWI”) charge from least to most serious. OVWI – Base Level Charge Operating a vehicle with a BAC of 0.08 to 0.14 or under the influence of drugs so there…

A sentence for a criminal offense can be either executed or suspended.  When a sentence is suspended, some or part of the sentence is typically served on probation, but the defendant is otherwise free to travel within the state.  Crimes that are eligible to be suspended at sentencing are often referred to as “suspendible” offenses.  If a defendant is convicted of a crime that is not eligible to be suspended at sentencing, the crime is…

Under Indiana law, a court may grant certain persons convicted or accused of motor vehicle related crime, such as DUI/OVWI, a legal remedy called “Specialized Driving Privileges.” These privileges permit a person, whose license has been suspended, the ability drive for specific purposes (work, school, childcare, medical appointments, etc.) upon a showing of necessity (financial need, health & safety, etc.). Historically, these privileges are not available to certain people if they: Have never been an…

Jury trials are often dramatized on television and in movies.  The plot of several popular TV shows revolves around the courtroom drama between prosecutors, witnesses, defense attorneys, and judges.  The accuracy of the portrayals of jury trials varies from show to show.  In a general sense, here is how “real life” jury trials unfold in Indiana. The first day of all jury trials start with jury selection, commonly referred to as voir dire.  Voir dire…

You have been charged with a crime. It is probably one of the most stressful times you have ever had in your life. You may have just spent a miserable night or two in jail and are completely exhausted. However, now you have a very important decision to make. Who should I hire as my criminal defense attorney? In this blog, we will list 10 questions you should ask when talking to a potential attorney…

In the state of Indiana, when someone is charged with an offense, they will fall into one of three categories: 1. Felony, 2. Misdemeanor, or 3. Infraction. An infraction is commonly known as a traffic ticket, such as a speeding violation. These are civil matters, meaning they do not carry the potential for imprisonment, but instead typically involve paying a fine. A felony charge, on the other hand, is criminal in nature and carries a…