According to Indiana Code Section 9-30-5, it is illegal to operate a motor vehicle while intoxicated by alcohol or drugs. Drugs may include a controlled substance or a prescription medication. Intoxication may be proved with a blood alcohol concentration (BAC) test or other chemical test, such as a blood, breath, or urine test.

If you are found to be intoxicated while driving, you will be arrested and charged with a crime. You may face serious criminal penalties. A Lafayette IN DUI lawyer at Hall-Justice Law Firm LLC can help. When the prosecution presents evidence that you were intoxicated, we can help you reduce or eliminate charges and penalties.

In Indiana, it is illegal to drive with a blood alcohol concentration (BAC) level that is .08 percent or higher. Commercial vehicle drivers may not operate a commercial vehicle with a BAC of .04 or over. If you are under 21, you may not operate a vehicle with a BAC of .02 percent or higher.

A police officer may pull you over and then administer a breathalyzer test, or the officer may arrest you and then administers a blood or urine test. If the tests find you to have a BAC of at least .08 percent, or .02 percent if you’re under 21, you may face a charge of “per se” DUI.

If you are under the influence of drugs, you may also face an OWI charge; however, Indiana does not specify blood limits for these substances. An officer may use evidence of your intoxication, such as swerving while driving, as probable cause to arrest you and test your blood or urine for intoxicants.

There are ways to fight a blood alcohol concentration level test. Our Lafayette, IN DUI lawyer can challenge your results and seek to have your license reinstated. BAC chemical tests are notoriously inaccurate. It is worth having our Lafayette IN DUI lawyer review your case and determine if you can challenge your test results.

If a court convicts you of an OWI / DUI in Indiana, you may face serious consequences, including time in jail or a fine. You may even lose your license for a period of time. These penalties are negotiable, and a Lafayette IN DUI lawyer can speak with the prosecution and court to seek more reasonable penalties for you.

If you receive an OWI / DUI conviction in Indiana, you may face:

Misdemeanor or Felony Classifications

• First OWI / DUI with a BAC between .08 and .15 – Class C misdemeanor
• First OWI / DUI with a BAC of .15 or over – Class A misdemeanor
• Second OWI / DUI within the last five years – Level 6 felony
• OWI Under the Influence of Schedule I or II Substance – Class C misdemeanor
• OWI / DUI:
  • While endangering another person – Class A misdemeanor
  • With a minor in the car – Level 6 felony
  • Causing serious bodily injury – Level 5 felony
  • Causing death of another person – Level 5 felony
• Second OWI / DUI causing death of another person – Level 4 felony
• Underage OWI / DUI – If you are under 21 and are found to have a BAC over .02 percent while driving a vehicle, you may face a class C infraction which may result in a fine of up to $500.

Penalties

Penalties may include:

• Class C Misdemeanor – Up to 60 days in jail and a fine of up to $500
• Class A Misdemeanor – Up to one year in jail and a fine of up to $5,000
• Level 6 Felony – Between six months and 2.5 years in prison and a fine of up to $10,000
• Level 5 Felony – Between one and six years in prison and a fine of up to $10,000
• Level 4 Felony – Between two and 12 years in prison and a fine of up to $10,000

It is possible to plead your drunk driving charge down to a lesser offense. A Lafayette IN DUI lawyer can help you seek a plea bargain with the prosecutor.

4 Things To Know About Fighting a DUI Charge

If you have just been arrested for operating a vehicle while intoxicated or driving under the influence, you might be unsure of the next steps to take. It is important to know the facts and understand how a DUI lawyer in Lafayette, IN, can help with your case.

1. Fighting a DUI Charge

DUI is a serious charge, and the potential costs of a conviction are significant. You may face a fine as high as $10,000, your driver’s license may be suspended, and you may even serve jail time. However, it is possible to fight the charge and reduce or even eliminate these penalties. It is worthwhile to fight your DUI charge, and Hall-Justice Law Firm LLC can help you do that.

2. Hiring a DUI Lawyer

To fight your DUI charge, you should consult a DUI lawyer in Lafayette, IN, who is familiar with Indiana OWI / DUI law. DUI lawyers have the experience and knowledge necessary to work with the court system and help you through this complicated and difficult process. A DUI attorney at Hall-Justice Law Firm LLC can review your case and negotiate a better outcome for you.

3. Considering the Evidence

If a test showed a blood alcohol concentration above the legal limit, you may believe there is no point in fighting your DUI charge. However, while BAC is a key part of a DUI case, it is not the only piece of evidence. It might be possible to plead your DUI charge down to a lesser charge even if your BAC was found to be over the legal limit. You may even be able to dispute the BAC test results. This is why it is important to consult a DUI lawyer in Lafayette, IN, to review all of the evidence in your case.

4. Reducing Your Charge

Depending on the specific circumstances of your offense, you can be charged with either a misdemeanor or a felony; the latter carries steeper fines and harsher penalties. A DUI lawyer can help you understand the charges and penalties you are facing. Your lawyer may be able to work with the prosecutor to negotiate a plea deal for a lesser charge.

It is possible and worthwhile to fight your DUI charge. You can begin by contacting Hall-Justice Law Firm LLC to find assistance from a DUI lawyer in Lafayette, IN, who can advise you and improve the outcome of your case.

Impact of OWI / DUI

If you’ve been charged or convicted of a misdemeanor or felony OWI / DUI in Indiana, you may be wondering how it will affect your future. A DUI lawyer in Lafayette, IN can weigh the particulars of your case and help you minimize the impact on your everyday life.

Getting Your License Back

If your driver’s license is suspended after you are convicted of an OWI / DUI, you will have to apply to get your license back. Reinstatement requires payment of any fines or fees associated with your conviction and ability to acquire insurance. Sometimes, you may be required to complete a treatment program. The experienced attorneys at Hall Justice Law Firm may be able to reduce your fines and/or fees and requirements so you can protect your independence and income.

Ignition Interlock Devices

If you have had multiple OWI / DUI convictions in the past and you are charged again, the court may require you to keep an ignition interlock device (an in-car breathalyzer) installed on each vehicle you use for a specified time in order to qualify to have your driving privileges reinstated. State-approved ignition interlock devices can be prohibitively expensive and depending on your company’s employment policies your job could be at risk if you would be required to install the device on a company vehicle. Hiring a DUI lawyer in Lafayette, IN as soon as you are arrested may result in dropped charges or a reduced sentence, which may reduce the likelihood that you would be required to pay for and install a car breathalyzer.

Notifying Your Employer

You are not automatically required to tell your employer that you have been charged or convicted of an OWI / DUI, however, there are some circumstances in which you should notify your direct supervisor or HR department, for example:

• You are required to operate a vehicle
• Your company’s employment policies contain specific procedures regarding reporting of criminal charges, including OWI / DUI
• Maintaining professional licensing or fulfilling contractual obligations requires disclosure of criminal records

An experienced attorney at Hall Justice Law Firm can assess your situation and determine if you are required to notify your employer. Even if you are not legally required to disclose the arrest or conviction, sometimes being honest may be wise, especially if you will need to request time off to meet with a DUI lawyer in Lafayette, IN, or attend court dates. Also, if you are employed in a community where gossip travels fast, the illusion of dishonesty could jeopardize your relationship with your employer and lead to further workplace conflicts.

Defenses To A DUI Charge

If you have been charged with DUI, it is crucial to contact a Lafayette, IN DUI lawyer. Driving under the influence (DUI) is a serious offense with potentially severe legal, financial, and personal consequences. However, being charged with a DUI doesn’t automatically mean conviction. Defendants have the right to challenge the charges against them by raising defenses that question the legality of the stop, the accuracy of evidence, or the circumstances of the case. Call Hall-Justice Law Firm LLC to find out what potential defenses we may have for your situation.

Lack Of Reasonable Suspicion Or Probable Cause

One of the first aspects of a DUI case to examine is whether the officer had a valid reason to stop or detain the driver. Under the law, police must have reasonable suspicion to initiate a traffic stop. For example, they may claim you were swerving, driving without headlights, or violating traffic laws. Without this suspicion, the stop could be considered illegal, and any evidence collected—such as field sobriety tests or breathalyzer results—may be inadmissible in court.

The arrest could also be challenged if the officer arrested you without probable cause. Probable cause requires a reasonable belief, based on observable facts, that you were impaired or driving under the influence. If there’s insufficient evidence, the case may be dismissed.

Improper Administration Or Faulty Results Of Sobriety Tests

DUI cases rely heavily on evidence from field sobriety tests (FSTs) or chemical tests like breathalyzers. However, this evidence isn’t always foolproof and can be challenged on several grounds:

• Field sobriety tests: These tests, such as walking a straight line or standing on one leg, are subjective and prone to error. Physical limitations, medical conditions, nervousness, or poor weather conditions could cause someone to fail, even if they are sober.
• Breathalyzer inaccuracies: Breathalyzer machines require proper maintenance and calibration to provide accurate results. If the device wasn’t calibrated correctly or the officer didn’t administer the test according to protocol, the results could be unreliable.
• Blood or urine tests: Errors in collecting, storing, or analyzing samples can lead to contamination or false readings. Chain-of-custody issues may also raise questions about the reliability of the evidence.

Your Lafayette DUI lawyer may be able to challenge the validity of these tests, which can significantly weaken the prosecution’s case.

Rising Blood Alcohol Content (BAC)

The rising BAC defense argues that your blood alcohol content was below the legal limit while you were driving, but it increased by the time the test was administered. This can happen because alcohol takes time to absorb into the bloodstream after drinking. If there was a delay between when you were stopped and when your breath or blood test was conducted, your BAC might have been rising during that time.

For example, if you consumed alcohol shortly before driving, your BAC might not have reached its peak until after you were pulled over. This defense is particularly relevant in cases where the test was conducted significantly later than the traffic stop.

Medical Or Environmental Factors

Certain medical conditions, dietary choices, or environmental factors can create false positives in DUI testing. These include:

• Medical conditions: Acid reflux, diabetes, or ketosis can produce substances in the body that may be mistaken for alcohol on a breathalyzer.
• Mouth alcohol: If you recently used mouthwash, breath spray, or medication containing alcohol, it could skew breathalyzer results.
• Fatigue or illness: Symptoms such as red eyes, slurred speech, or unsteady movement can mimic signs of intoxication but may be due to fatigue, injury, or illness.
• Environmental factors: Poor lighting, uneven pavement, or bad weather can affect performance on field sobriety tests, making them unreliable.

By highlighting these factors, a skilled DUI lawyer can cast doubt on the validity of the evidence.

Call Our Criminal Defense Law Firm If You’ve Been Arrested

DUI charges are serious, but they are not insurmountable. Working with an experienced Lafayette DUI lawyer is crucial to building a solid defense and protecting your rights. With the right strategy, reducing charges, negotiating a plea deal, or even achieving a dismissal is possible. Contact Hall-Justice Law Firm LLC to learn more.

DUI FAQs

Driving under the influence (DUI) is a serious criminal offense that can have long-lasting consequences, including fines, license suspension, and imprisonment. DUI laws are designed to keep impaired drivers off the roads and reduce the risks of accidents that result from alcohol or drug use. If you are facing DUI charges, it’s important to understand the legal process and your options for defense. Below are frequently asked questions about DUI charges to help you navigate this complex legal matter. Contact a Lafayette, IN DUI lawyer to find out what legal options you may have.

What Are The Penalties For A DUI Conviction?

The penalties for a DUI conviction can vary depending on the severity of the offense, whether it’s a first-time or repeat offense, and the specific laws in your state. Generally, DUI penalties may include:

• Fines: DUI convictions typically come with significant fines, ranging from a few hundred dollars to several thousand, depending on the circumstances.
• License Suspension: One of the most common penalties is a driver’s license suspension, which can last anywhere from a few months to several years, depending on the severity of the offense and any prior DUI convictions.
• Jail Time: For repeat offenders or aggravated DUI cases (such as driving with a blood alcohol content (BAC) significantly over the legal limit or causing an accident), the court may impose jail time.
• Probation: In some cases, offenders may be sentenced to probation, typically including conditions such as alcohol education courses or community service.
• Ignition Interlock Device: Some states require convicted drivers to install an ignition interlock device, which prevents the car from starting if the driver’s BAC is over a certain limit. The penalties for DUI are serious, and the consequences can significantly impact your life. Having legal representation is critical to understanding the charges and defending your rights.

What Is The Legal Blood Alcohol Concentration (BAC) Limit For DUI?

The legal limit for blood alcohol concentration (BAC) varies depending on the type of driver and the jurisdiction:

• For regular drivers, the legal BAC limit is typically 0.08%. If you are caught driving with a BAC at or above this limit, you can be charged with DUI.
• For commercial drivers, the legal limit is usually lower, often set at 0.04%, due to the additional responsibilities and risks involved in operating commercial vehicles.
• For drivers under the legal drinking age, many states enforce a “zero tolerance” policy, meaning any detectable amount of alcohol in their system can lead to DUI charges, even if their BAC is below 0.08%. It’s important to note that even if your BAC is below the legal limit, you can still be arrested and charged with DUI if law enforcement officers believe you are impaired due to alcohol or drugs.

What Defenses Can Be Used In A DUI Case?

There are several potential defenses that a skilled Lafayette DUI lawyer may use to challenge the charges against you. Some common defenses include:

• Improper Stop: If the police did not have a valid reason to stop your vehicle, such as reasonable suspicion of impaired driving, any evidence collected after the stop may be inadmissible in court.
• Inaccurate BAC Test Results: Breathalyzer and blood tests are not always accurate. Factors such as improper calibration, equipment malfunction, or issues with how the test was administered can all impact the reliability of the results.
• Faulty Field Sobriety Tests: These tests are subjective and can be influenced by medical conditions, weather, or even nervousness. An attorney may argue that the tests were not properly conducted or interpreted.
• Rising BAC: If you were not actually over the legal limit at the time of driving, but your BAC was above the legal limit when tested later, an attorney may argue that your BAC rose after you stopped driving. A DUI lawyer can carefully review the evidence in your case and work to find weaknesses in the prosecution’s argument, helping you avoid a conviction or reduce the penalties.

How Long Does A DUI Conviction Stay On My Record?

A DUI conviction can remain on your criminal record for many years, and it may impact your ability to drive, find employment, or travel. The exact duration of the record depends on your state’s laws, but in many cases, a DUI conviction stays on your record indefinitely unless you are able to get it expunged or sealed.

• Expungement: In some states, individuals may be eligible to have their DUI conviction expunged (removed) from their record after a certain period of time or under specific conditions. This often applies to first-time offenders who complete alcohol education programs or other court-ordered requirements.
• Insurance: A DUI conviction can also result in higher auto insurance rates, as insurers view DUI offenders as high-risk drivers. Depending on your state and the insurer’s policies, this can last for several years. Given the long-term consequences of a DUI conviction, it’s important to take steps to protect your record and seek legal advice to explore your options.

Contact A DUI Lawyer For Legal Help

If you are facing DUI charges, it is essential to consult with an experienced Lafayette DUI lawyer who can guide you through the legal process, assess the evidence against you, and develop a strong defense strategy. A skilled attorney can help protect your rights, minimize penalties, and potentially reduce the impact of a DUI conviction on your life. Contact Hall-Justice Law Firm LLC today to schedule a consultation and discuss how they can help you fight the charges and achieve the best possible outcome for your case.