Indianapolis DUI Attorneys Providing Legal Guidance

Last updated on January 22, 2025

DUI, or “Driving Under the Influence,” is a serious offense with potentially life-altering consequences. In Indiana law, the terminology OWI, or “Operating While Intoxicated,” is used interchangeably with DUI and can refer to any drugged or drunk driving crime. At Harwell Gray Legal Counsel LLC, we believe that understanding the nature of DUI is the first step toward avoiding it and making informed decisions if you ever face such charges.

In Indiana, it is considered an OWI crime to operate a vehicle with a blood alcohol concentration (BAC) of .08% or higher. Impairment can result from various substances, not just alcohol. This includes illicit drugs, prescription medications and even over-the-counter remedies that can impair your ability to drive safely.

Benefits Of Hiring Our DUI Lawyers In Indianapolis

Hiring an experienced Indiana criminal defense lawyer can help ensure that the legal process is handled correctly and efficiently.

1. Legal guidance: A DUI attorney will be able to provide you with advice and guidance throughout your court case. They understand all the nuances of DUI and OWI law in Indiana and what your options are when facing charges.
2. Strategic defense: You don’t want a criminal record, and the possibility of losing your license can greatly impact your life and how you can support your family. A trusted OWI defense attorney can help you build a strong defense strategy.
3. Negotiation in court: An attorney can help negotiate plea deals or mitigate sentencing if necessary.

With their knowledge, experience, and negotiation skills, a DUI attorney may even be able to reduce your charges or penalties or even drop them entirely. An attorney’s legal representation in court can give you peace of mind during this stressful situation. Knowing that you have someone on your side who understands the law and is advocating for you can make all the difference in getting through the process unscathed.

What To Expect After An OWI Arrest

If you are arrested for DUI, it’s crucial to understand the typical process that follows. This often includes being taken into custody, undergoing sobriety tests and possibly chemical tests to measure your BAC. Understanding this process can help you know your rights and make informed decisions during a DUI arrest.

Your Rights During An OWI Stop

During an OWI stop in Indianapolis, it’s essential to know your rights to ensure your safety and protection. Here are some key rights to remember:

• Remain silent: You have the right to remain silent and not answer any questions without an attorney present.
• Refuse field sobriety tests: You can refuse to participate in field sobriety tests, such as walking a straight line or reciting the alphabet backward.
• Request an attorney: You have the right to request an attorney before answering any questions or taking a breath test.
• Know the implied consent law: In Indiana, you have given implied consent to a chemical test (breath, blood, or urine) by operating a vehicle. Refusal to take a test can result in license suspension.

Remember, exercising your rights can significantly impact the outcome of your case. If you’re stopped for OWI, stay calm, be polite and assert your rights.

What To Do If You Are Taken Into Custody For Drunk Driving

If you or a loved one is taken into custody for drunk driving, knowing what to expect and how to navigate the situation can make all the difference. Here’s a step-by-step guide to help you through this challenging time:

What to expect:

• You will be taken to a police station or jail for booking and processing.
• You will be asked to provide personal information, fingerprints and a mugshot.
• You may be required to take a Breathalyzer test or blood test to determine your blood alcohol content (BAC).
• You will be held in a cell until you can post bail or see a judge.

During this process, remember your rights. You have the right to remain silent and the right to an attorney. Exercise these rights to avoid incriminating yourself. Do not answer any questions or make any statements without an attorney present.

If a loved one has been arrested for a DUI, the following steps can guide you through the steps to help them:

• Stay calm and gather information: Get the name of the jail, the booking number and the charges.
• Contact a DUI attorney: Reach out to a reputable DUI attorney in Indianapolis to guide you through the process.
• Post bail: Work with the attorney to post bail and secure your loved one’s release.
• Be patient and supportive: This is a stressful time for your loved one. Be there for them, and let them know you’re working to get them the best possible outcome.

Remember, it’s crucial to act quickly and seek professional help to ensure the best possible outcome. Our experienced DUI attorneys in Indianapolis are here to help you navigate this challenging situation.

DUI In Indiana First-Offense Penalties

For a first offense OWI in Indiana, you could be facing either a misdemeanor or felony charge. The charges are as follows:

• Class C misdemeanor: Intoxicated by alcohol or drugs, BAC was between .08% – .15%, or intoxicated by a Schedule I or II substance punishable by up to 60 days in jail and a $500 fine.
• Class A misdemeanor: BAC of .15% or more, endangered another person by their driving is punishable by up to one year in jail and $5,000 fine.
• Level 6 Felony: At least 21 years old, had BAC of .15% or more, endangered another person by their driving, or had a passenger under 18 present is punishable by up to 2.5 years in jail and a $10,000 fine.

If you have been arrested under suspicion of DUI, you may be feeling overwhelmed and scared. You are not alone. Indiana prosecutors are particularly aggressive when pursuing DUI charges. However, you do have options. Our skilled DUI lawyer in Indianapolis can help you understand the charges brought against you and can provide you with the guidance you need.

Sobriety Tests And Chemical Tests

Law enforcement officers use various methods to determine if a driver is impaired. These include field sobriety tests, such as walking in a straight line and standing on one leg, and Breathalyzer tests or blood tests to measure BAC. In Indiana, a new system implemented in 2020 allows for enhanced testing with SoToxa devices as part of the oral roadside fluid program. This tests for six kinds of drugs, similar to the way a Breathalyzer would detect the presence of drugs in your system. Knowing your rights regarding these tests and how they may impact your case is essential.

Reducing The Impact Of A DUI Charge

An OWI conviction in Indiana can have long-lasting consequences, affecting your driving record and insurance rates. It may lead to increased premiums and restricted driving privileges. Understanding these potential consequences is crucial for making informed decisions.

You may be charged with an OWI if:

• You have a blood alcohol concentration (BAC) over the legal limit of .08%
• You have illegal drugs in your system
• You are a minor or under the age of 21 and are found to be in possession of or using alcohol

OWI charges can be complicated, and the circumstances of your case will determine how you are charged. If convicted, you may face:

• Increased insurance premiums
• Restricted driving privileges
• Suspension of your driver’s license
• Misdemeanor or felony charges, depending on prior convictions or compounding factors

To help avoid these serious consequences, our experienced attorneys will take the time to build a strong case and advocate on your behalf. We can help fight a variety of drunk driving charges, including:

• Underage drinking
• DUI with a minor in the vehicle
• Injuries resulting from a DUI incident
• Alcohol-related DUIs
• First offense DUI arrest
• Second or subsequent DUI arrest
• Drug-related DUIs

We understand the impact an OWI conviction can have on your life, and we are dedicated to helping you minimize these consequences. Our attorneys will work tirelessly to build a strong defense and advocate on your behalf to ensure the best possible outcome.

Is DUI A Felony In Indiana?

DUIs are usually misdemeanors and can be a felony in Indiana, depending on the circumstances. Factors such as having prior DUI convictions, catastrophic injury or serious bodily injury to a person can be charged with a felony.

We Work Hard To Protect Client Rights

At Harwell Gray Legal Counsel LLC, our experienced legal team understands DUI defense strategies and provides aggressive yet compassionate legal representation. We can help you explore possible defenses, such as challenging the validity of sobriety or chemical tests, examining the circumstances of your arrest, or identifying any violations of your rights during the process. We treat every case with care and every client with respect, defending clients throughout Hendricks, Hamilton, Johnson and Hancock counties. Our Indianapolis DUI attorney can help you with every aspect of your case from start to finish, including post-conviction services such as appeals. When you need a reliable DUI lawyer in Indiana, call us for a dedicated and thorough defense.

Harwell Gray Legal Counsel LLC is a modern practice for modern clients. Contact us online today or by calling 317-344-9085 to speak with our DUI attorney in Indianapolis.