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Noblesville, IN DUI Attorneys
If you were pulled over and arrested for driving under the influence of alcohol or drugs, call a Noblesville DUI attorney right away at 317-550-5339. In Indiana, operating a vehicle while intoxicated (OWI) is a serious offense. The last thing you want is an OWI/DUI on your record. In addition to fines, potential jail time, and the loss of your driver’s license, your DUI could affect your education, career, and family. A single DUI conviction could set you back years.
To avoid such an unnecessary hurdle in your life, it is essential that you contact an experienced and aggressive DUI attorney as soon as possible. At GDS Law Group, our Hamilton County, Indiana criminal defense attorneys are also former prosecutors with an impressive track record of securing optimal outcomes in DUI cases. We know what to look for, how to negotiate with law enforcement, and what it takes to protect your record, your license, and future.
Indiana OWI/DUI Law
Drinking and driving is illegal throughout the U.S.; however, each state has its own criminal statute on the matter. Under Indiana Code Section 9-30-5-1, anyone who operates a vehicle with a blood alcohol concentration (BAC) between 0.08 and 0.15 percent commits a class C misdemeanor. You face the same level of offense if you are found with schedule I or II controlled substances in your body while driving. But, if you are found to have a BAC of 0.15 percent or higher when operating a vehicle, then you will be charged with a class A misdemeanor.
However, you can face an OWI/DUI charge in Indiana without being over the legal limit. Under IC 9-30-5-2, you can be charged with a class C misdemeanor if you operate a vehicle while intoxicated. If you are charged with an OWI and endangering a person though, you will face a class A misdemeanor.
These are the levels of the charge if you are facing an OWI first offense. If you have one or more OWI convictions on your record, you may face a felony charge.
The penalties you face include:
- Class C Misdemeanor, punishable with up to 60 days in jail and a $500 fine.
- Class B Misdemeanor, punishable by up to 180 days in jail and fines up to $1,000.
- Class A Misdemeanor, punishable with up to one year in jail and $5,000 in fines.
Whenever you are arrested and charged with an OWI/DUI, you need to contact a Noblesville OWI lawyer right away. By working with a drunk driving defense attorney, you have someone who will try to resolve your case right away. After a thorough investigation, there may be a strong argument to file a motion to dismiss or to file a motion to exclude certain evidence. Without a defense attorney, you may miss opportunities to resolve or help your case long before a trial.
Indiana Legal Limits
If you are 21 years or older and driving your personal vehicle, then the BAC limit is 0.08 percent. However, that is not the legal limit for everyone. If you are under 21-years-old, then you can face an OWI/DUI with a 0.02 percent or higher BAC. Under IC 9-30-5-8.5, if you are under 21, and your BAC is between 0.02 and 0.08 percent, then you will be charged with a class C infraction.
Your legal limit is also different if you have a commercial driver’s license and were in a commercial vehicle. If your BAC was between 0.04 and 0.08 percent, you can also be charged with a class C infraction. This may not sound too serious, but it could have a devastating impact on your career. A DUI conviction will result in you losing your CDL and likely your job.
If you are facing an underage DUI or a CDL DUI, contact one of our Noblesville OWI attorneys as soon as possible. We will fight hard for you to avoid a conviction on your record.
Chemical Tests After a Noblesville DUI Arrest
When you are stopped under suspicion of a DUI, the officer may ask you to breathe into a small device commonly known as a breathalyzer. This is a portable breath test device, and the result cannot be used in evidence. You have every right to say no to taking a breathalyzer during a stop. You cannot be punished for refusing. That being said, you may still be arrested for a DUI if the officer has other reasons to believe you are intoxicated.
Once you are formally arrested for an OWI/DUI, then Indiana’s implied consent law (IC 9-30-6-1) applies to your situation. Under this law, anyone who operates a vehicle in the state impliedly consents to submit to a chemical test, which is usually a formal breath or blood test. You also may be asked to submit to a urine test.
You can refuse a DUI chemical test, but there will be consequences. To begin, you face a civil, automatic driver’s license suspension. If you refuse a breath test, this can be held against you during your OWI/DUI trial. However, if you refuse a warrantless blood test, you cannot face additional criminal penalties.
Whether you submitted to or refused chemical tests after a DUI arrest, call a DUI lawyer right away at 317-550-5339. If you submitted to tests and the results will be used against you, your attorney will analyze how to best approach your case. If you refused to take any chemical tests, your attorney will strive to obtain an acquittal to avoid more serious consequences. At GDS Law Group, we also will fight for you to keep your license, or to obtain special driving privileges as soon as possible.
When You May Face Second or Multiple OWI Charge
If you have an OWI/DUI conviction on your record, then you need to talk with an attorney about the Indiana DUI lookback period. Every state has a period of time they will look back when you have been arrested for a DUI to see if you have a previous drunk driving conviction on your record. In Indiana, that period is five years.
Under IC 9-30-5-3-, if you have a previous OWI/DUI conviction on your record within the last five years, then you will be charged with a level 6 felony. If your previous DUI resulted in a person suffering serious bodily injuries or a fatality, then a second DUI will be a level 5 felony.
When an OWI/DUI May Be Charged as a Felony
In addition to a second or subsequent DUI charge, there are other circumstances when your OWI/DUI will be charged as a felony.
You will face a level 6 felony if you had a minor under the age of 18 in your vehicle at the time of the DUI.
If your current OWI/DUI incident caused someone serious bodily injury, you will face a Level 6 felony, and a fatal DUI accident will lead to level 5 or level 4 felony charges.
For felony OWI/DUI charges, penalties include:
- Level 6 Felony, punishable with between six months and two and a half years in prison and fines up to $10,000.
- Level 5 Felony, punishable with at least one year and up to six years in prison and $10,000 in fines.
- Level 4 Felony, punishable with between two and 12 years in prison and a fine up to $10,000.
If you do not have a clean driving record, it is absolutely essential you call a drunk driving lawyer right away at 317-550-5339. Do not assume that your current case will be charged as a misdemeanor. You may face a felony offense, which can result in much harsher penalties.
Call a Noblesville DUI Attorney for Help
If you have been charged with an OWI in Hamilton County, Indiana, take the first step in defending yourself and call a Noblesville DUI attorney at GDS Law Group to schedule a free consultation. As former prosecutors and highly skilled Noblesville attorneys, our OWI lawyers are ready and able to review your case and build you a strong defense.