Indiana drunk driving defense is a specialized area. The expert attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com have the skills and experience needed to defend an OWI case anywhere in Indiana. The first step toward fighting a charge of driving under the influence is to contact an Indiana OWI lawyer for a free consultation.

Indiana operating while intoxicated, or OWI cases, are prosecuted on one of two theories: Either driving while intoxicated, meaning that the motorist was physically and mentally impaired by drugs or alcohol, or violating the per se law, meaning the driver had a blood alcohol content (BAC) of .08 percent or greater.

Indiana drunk driving laws allow police to select what kind of chemical test the driver will take – blood, breath or urine. The person arrested for drunk driving in Indiana has no right to select the test, nor any right to consult with a lawyer before deciding whether or not to submit to the test.

OWI cases in Indiana are typically prosecuted as misdemeanors, but the penalties can increase dramatically in cases where the driver’s BAC is .15 percent or greater. The punishment for an Indiana drunk driving conviction depends on several factors, including the motorist’s BAC and the number of prior OWI convictions.

First offenders can expect probation, payment of restitution, a license suspension and payment of court costs. Many courts require a jail sentence, even for first offenders, especially if the OWI involves an alcohol level of .15 percent or greater. Indiana OWI cases involving accidents and injuries usually require jail in the event of a conviction.

Second-offense OWI convictions carry stricter punishment. A felony may be imposed and reduced later; jail time may be required; probation; road crew; public restitution; home detention; and increased costs. Drivers convicted of a second OWI can expect a license suspension of six months to one year.

The punishment for a third or subsequent offense largely depends on the timing of the driver’s prior convictions. Drivers designated as habitual traffic violators will lose their licenses for 10 years and serve three to nine months in jail.

In addition, Indiana has a habitual substance offender statute that can result in up to eight additional years in jail if filed against a driver with two or more prior offenses. Second, a felony OWI in Indiana usually involves a prior offense within five years of the current charge. Finally, habitual traffic violator status is imposed on OWI offenders who accumulate three OWIs in a ten year period.

These penalties do not reflect the additional administrative driver's license suspension imposed in Indiana OWI cases. Any driver found to have a BAC of .08 percent or greater will lose his or her license for 180 days. Drivers who refuse a chemical test will have their licenses suspended for one year.

Unfortunately, Indiana law ensures that the fastest way for a first offender to regain his or her driver's license is to plead guilty. A guilty plea in a first offense case typically will allow the driver to choose between a 90-day license suspension with high-risk insurance (SR-22) required, or, a 30-day license suspension to be followed by 180 days of probationary driving for work, school, or other proper purposes.

However, even though the law is designed to coerce accused drunk drivers to plead guilty, it’s possibly to fight the charges in court and still protect the driver’s privileges. It may be possible to obtain a hardship license in a first-offense Indiana OWI case. Drivers who refused a chemical test are ineligible for a hardship license.

Getting arrested for drinking and driving in Indiana can be a frightening and confusing experience, but OWI cases can be successfully challenged with the right legal help. The experienced drunk driving attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com will prepare an aggressive defense strategy designed to protect the driver’s rights and create reasonable doubt in his or her guilt.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.