Facing criminal charges is an incredibly stressful situation. A question that we often get from our clients is how long the process will take for a case to be completed. The short answer is that there are many variables that go into a criminal case’s timeline, but generally speaking, most judges have expectations for how long cases should remain open. Misdemeanor and level 6 felony cases typically take anywhere from 30 days to 6 months…
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…
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…
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…
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…
Language Barrier Issues & the Indiana Implied Consent Law – I am a police officer. I have probable cause to believe that you have operated a vehicle while intoxicated. I must now offer you the opportunity to submit to a chemical test and inform you that your refusal to submit to a chemical test will result in the suspension of your driving privileges for one year. If you have at least one previous conviction for…
A Quick Snapshot of all of Indiana’s DUI Charges Below is a quick visual of all the common DUI charges in Indiana. As you can see, Operating a Vehicle While Intoxicated charges range from anywhere between simple misdmeneanors to complex felony charges. Should you or a loved one be charged with a DUI, it is important that you have a DUI attorney that has prosecuted and/or defended thousands of DUI’s. All of the criminal attorneys…