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Distinguishing Between OVWI Charges

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…

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Indiana’s Implied Consent Law & What Happens If I Refuse Breathalyzer in a DUI Stop?

Indiana’s Implied Consent Law & What Happens If I Refuse Breathalyzer in a DUI Stop?

A common misconception we hear from clients is that they believed they weren’t legally required to submit to an officer’s tests while being investigated for driving under the influence. While refusing to perform the Standardized Field Sobriety Tests doesn’t automatically result in penalty, refusing to submit to a certified chemical test after a law enforcement officer reads the Indiana Implied Consent Warning carries substantial consequences. This is primarily because, as a condition of operating a…

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Operating a Vehicle While Intoxicated Causing Endangerment

Most people realize that when you drive while intoxicated with a BAC over a .08 in Indiana you can be charged with Operating a Vehicle While Intoxicated as a Class C misdemeanor. Many also realize you can face a Class A misdemeanor for submitting a blood result over .15. Further still, many know that if you have priors or if the facts are particularly bad (minors involved, injuries, etc.) you can easily get into the…

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Beware the Penalties of Multiple DUIs

The term DUI is actually a bit of a misnomer in Indiana. In Indiana, we call it Operating a Vehicle While Intoxicated, or “OVWI”. State governments take OVWI very seriously and therefore implemented a penalty structure that increases the minimum punishment for picking up multiple OVWIs in one’s lifetime. While some aspects of the penalty are aimed at rehabilitation of any underlying drinking habits, others are aimed at protecting society from the dangers of drunk…

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Common Holiday Arrests in Indiana

The holiday season is always a stressful time for most individuals. Between trying to stretch your finances to get the greatest toy of the year for your kids, consuming too much alcohol trying to get by hanging around your uncle who is trying to push his political agenda, or simply being depressed by not having anyone to celebrate the season with, there are many contributing factors and stressors that cause good people to consider committing…

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DUI Checkpoints…Are they Constitutional?

A Quick Look at Sobriety Checkpoints   – You’re cruising along late Friday night, headed home after a nice dinner with some friends.  All of a sudden you notice flashing lights up ahead.  As you get closer you see police officers amongst cones and barrels, directing some approaching vehicles into a parking lot as part of a sobriety checkpoint or roadblock.  Depending on the luck of the draw, you may be directed to pull over for…

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