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Marijuana DUI: An Affirmative Defense

Pursuant to Indiana Code 9-30-5-1 there are three ways a person can be charged with operating while intoxicated. First, operating a vehicle with an alcohol concentration of .08 but less that .15. Second, operating a vehicle with a vehicle with an alcohol concentration of .15 or greater. Third, operating a vehicle with a controlled substance listed in schedule I or II of I.C. 35-48-2 or its metabolite. Marijuana is currently listed as a schedule I…

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Indiana Boating Laws

Indiana Boating Laws

Posted in On July 22, 2019

It has been extremely hot and humid this summer in Indiana. Luckily, there are a few bodies of water in the central Indiana area that you can jump in and cool down in (Morse Reservoir, Geist Reservoir, or the White River). Before you try to find a way to cool down, the DUI attorneys at Banks & Brower want to share a little bit of information with you. Boating Laws Boating is one of the…

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CDL Drivers and DUI Convictions

Posted in On June 16, 2019

For anyone, a DUI conviction has complications that spread far and wide.  Whether you lose your license for a period, to your insurance rates rising steeply, to criminal penalties, DUI’s have lasting impacts. Yet, those pail in comparison to punishments CDL holders receive from DUI’s. For CDL drivers, their licenses mean more than anything. After all, without a license, they can’t drive — if they can’t drive, they can’t work — if they can’t work,…

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Why Is My License Suspended?

Why Is My License Suspended?

Posted in On March 18, 2019

We take calls all the time from people who have gotten their license in a mess and need help digging out of the hole and back to driving. This article will take an in-depth look into the “Why” of the BMV. First, Indiana separates suspensions by discretionary and mandatory suspensions. By statute, a court is allowed to impose a license suspension for any conviction in which the operation of a vehicle is an element of…

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Impact of other States Legalizing Recreational Marijuana in Indiana

Impact of other States Legalizing Recreational Marijuana in Indiana

On Tuesday November 8, 2018, Voters in the State of Michigan approved the legalization of recreational marijuana.  While the sales side of things will take some time for the State of Michigan to get set up, there are a number of potential collateral criminal issues that Hoosiers need to be aware of should you decide to take advantage of the legalization during a trip to Michigan or any other similar state. Marijuana is illegal in…

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Updates to Specialized Driving Privileges 2019

Updates to Specialized Driving Privileges 2019

Posted in On September 30, 2018

What are Specialized Driving Privileges or “SDP”? Starting the first of the year in 2019, individuals facing Operating a Vehicle While Intoxicated (“OWI”) charges have new hope in their efforts to avoid an immediate license suspension.  Indiana Code (“IC”) 9-30-16-1 will be amended to allow an individual to actually stay (or delay) the suspension.   In order to do this you still need to be eligible for Specialized Driving Privileges (“SDP”).  Generally, you are ineligible for…

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What is Going to Happen to My License After a DUI Arrest?

What is Going to Happen to My License After a DUI Arrest?

Posted in On September 10, 2018

When someone is arrested for drunk driving one of the first things they ask is what is going to happen to my driver’s license.  It’s a valid concern.  In Indiana there is very little public transportation and taking Uber everyday will get quite expensive. Were arrested for drinking and driving? The first question to be answered is did you willingly submit to a breath test or a blood test.  If yes and you tested over…

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CBD Oil and DUI’s in Indiana

Can Consuming CBD Oil Result in a DUI in Indiana? As of July 1, 2018, the Indiana General Assembly has put into law language that allows for Hoosiers to possess cannabidiol (or CBD) oil for recreational use or dietary consumption.  Under Indiana Code (IC) 35-48-1-17.5, Hoosiers are allowed to possess “low THC hemp extract” products which are defined as being “derived from Cannabis sativa L.” OR “contain[ing] not more than 0.3% delta-9-THC (including precursors).”  In…

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