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Indiana DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Victim of a crime drugged unknowingly charged with crime OWI
T. Augustus Claus
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answered on Jan 24, 2024

Firstly, gather any evidence or information that supports your claim of being unknowingly drugged. This may include witness statements, medical records, or any other relevant documentation.

Next, contact a criminal defense attorney in Indiana. Provide them with all the details surrounding...
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3 Answers | Asked in DUI / DWI, Immigration Law and Health Care Law for Indiana on
Q: HelloI'm a doctor and I was a doctor residing in US I was suspended

Hello

Im a doctor and I was a doctor residing in US I was suspended from work because I was drinking, I left US before I knew what is going to happened.

Accordingly, my license and the board that I was holding were suspended and Now I am suffering with my family as I can't work... View More

James L. Arrasmith
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answered on Oct 22, 2023

I'm sorry to hear about your situation. In Michigan, the reinstatement of a suspended medical license involves a process with the Michigan Board of Medicine.

You'll need to submit an application for reinstatement, and the Board will review it on a case-by-case basis. Factors...
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2 Answers | Asked in Criminal Law and DUI / DWI for Indiana on
Q: What are the chances of getting a felony 6 due to a DUI in the last 7 years to a misdemeanor?
Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 23, 2023

It will depend on many factors including, how long since the last conviction and the strength of the prosecutor's case among other factors. Many counties will allow a reduction after completing probation. You should consult with a criminal defense attorney who practices in the county where... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for Indiana on
Q: What are the chances of getting a felony 6 due to a DUI in the last 7 years to a misdemeanor?
T. Augustus Claus
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answered on Aug 23, 2023

In Indiana, whether a DUI charge can be reduced from a felony 6 to a misdemeanor largely depends on the specific circumstances of the case, the defendant's prior criminal history, and the discretion of the judge and prosecution involved. Generally, a felony 6 DUI is more likely to occur if... View More

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1 Answer | Asked in DUI / DWI and Car Accidents for Indiana on
Q: Can postpartum depression be considered in court in a DUI case?

If you were drinking due to severe depression and anxiety will a judge take that into factor.

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 21, 2023

It should be considered as a mitigating factor by the prosecutor and the judge, which goes to considerations at sentencing, but it is not a defense to the OWI charge.

2 Answers | Asked in DUI / DWI for Indiana on
Q: Can a person receive jail time if they have a 2nd DUI and resist arrest?

She tried to escape police, and they had to blow her tires.

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 21, 2023

In Indiana, if you have a second OWI arrest, which could be charged as a misdemeanor or felony depending on how long ago the first offense occurred, there is a requirement for 5 actual days in jail or 240 hours of community service as a minimum of any sentence for being convicted.

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2 Answers | Asked in DUI / DWI for Indiana on
Q: Can a person receive jail time if they have a 2nd DUI and resist arrest?

She tried to escape police, and they had to blow her tires.

Joel D. Hand
Joel D. Hand
answered on Aug 20, 2023

Yes. A person convicted of a second OVWI in Indiana will be required to serve no less than 5 days in custody or no less than 240 hours of community service work. This is true regardless of how long ago the prior conviction was.

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1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Indiana on
Q: I was in the process of moving to Indianna from Illinois and while traveling to Illinois in a gas station parking lot

I hit the gas peddle and not the break by mistake while parking my car. I am being charge with Indiana Statute 9-30-5-2(a) & (b).

I need to change my driver's license from Illinois to Indiana to include my redencey. Can I still change my car title, DL etc and my redency to... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 9, 2023

Yes, go change your license to Indiana sooner than later. The court should not suspend your license until the initial hearing, therefore the BMV should not know of the offense. If you do not change your license, and are convicted Illinois will suspend/revoke your license and it will be... View More

1 Answer | Asked in Criminal Law, DUI / DWI and White Collar Crime for Indiana on
Q: Can anyone help me ?? 2 lawyers have withdrew for bigger permenent jobbs which i guess i undwrstand I need lawyer &advic

owi, i have epilepsy. went long enough to get my licence, it had been years since one, my doc lowered it by 200mg and i felt it coming on so i pulled over parked at a bussiness. its complicated, my doc and my polypharmacist have both stepped in but after 1st lawyer left the 5 days ago now 2nd... View More

Joel D. Hand
Joel D. Hand
answered on Nov 17, 2022

It sounds as though there is at least a possibility that you may have a defense to one or more of charges that you could be facing but there is not sufficient information in your post to know for certain. I strongly recommend that you reach out to an experienced OVWI/criminal defense attorney who... View More

1 Answer | Asked in DUI / DWI for Indiana on
Q: What does OMNB form mean in court?

It was a motion filed and I’m not sure what exactly that means

Andrew L. Bennett
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Andrew L. Bennett
answered on Jan 3, 2024

It looks to be an abbreviation for onmibus which is a hearing date that is a deadline date for filing certain motions and defenses. You should discuss this with your attorney.

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: I backed up into my neighbors car while intoxicated and left the scene. What changes should I expect?

I saw her later that day and gave her my insurance information and told her I was intoxicated, she told the officer that I was intoxicated. When I when to the police station the next day to give my statement I told him I was intoxicated when I backed into her car, panicked and left the scene.

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 26, 2022

Unless the police have more than your admission of being intoxicated, I do not see how you could be prosecuted for an OWI. However, you will very likely be charged with leaving the scene of an accident. From this point forward, you should not speak to your neighbor about the situation, nor the... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: How can someone be arrested for possession of narcotic and possession of meth f6 off one bag?

Bag was under 1g of powder and field test lightly as cocaine according to cops found in my mother's jeep after it was stolen and recovered but nothing ever searched in it so I drove it cause she let me and then cops find drugs in it. 2 f6 charges pending now

James A Hanson
James A Hanson
answered on May 22, 2022

You need to stay off of these websites and speak only with your attorney about these charges. From what you posted, there may be a defense in your case, but you could ruin your entire case by sharing details of your case publicly.

Talk with your attorney about the charges privately and work...
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1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Can a probation officer release you early from probation, if you all your Fines and everything is completed?

Community service, fines, classes all finished. Low ranking to reoffend

James A Hanson
James A Hanson
answered on May 22, 2022

Technically, no.

Your probation officer is simply supervising your probation. The only entity that can release you from probation early is the Court that sentenced you.

You can discuss an early release with your probation officer. If your probation officer recommends early release...
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1 Answer | Asked in DUI / DWI for Indiana on
Q: I got my first owi in porter county indiana, i was alone. Im a mom though. Will social services try to take my kids?

My BAC was above .15 . Went the wrong way down a one way, did not crash or hurt anyone.

Andrew L. Bennett
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Andrew L. Bennett
answered on May 21, 2022

If your children were not in vehicle with you, then DCS should not be involved.

1 Answer | Asked in DUI / DWI for Indiana on
Q: I am a habitual traffic offender, i have 3 dui's with a 10 year license suspension with 6 years to go, needing hardship
Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 1, 2022

Consult a local traffic/criminal law attorney to discuss specialized driving privileges.

1 Answer | Asked in DUI / DWI and Immigration Law for Indiana on
Q: i have a DUI in indianapolis IN. got deported and pending a u visa. warrant or writ active 2016. how to fix?

I was deteined by Ice the fisrt day of probation. While i was in jail and then deported my immigration attorney applied for asylum and U visa. currently USCIS is reviewing packages form February 2017 which is my package date. I went to check my case in Indianapolis and it show up I have a warrant... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 12, 2022

Your Indiana criminal case and the original state criminal warrant must be handled by the Indiana licensed criminal law attorney immediately, however, even generally, for a regular warrant quashing the defendant must be physically present.

Thus, you need to discuss your Indiana criminal...
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1 Answer | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Indiana on
Q: Revoked license in IL, driving in Indianapolis on a valid Michigan drivers license. Is there a punishment, from IMPD?

Could Indianapolis police arrest the driver, having previously been revoked in Illinois despite the valid Michigan license?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

All mentioned states are the members of the Interstate Compact Agreement that share driver's information for the purposes of issuing, revoking, and suspending one's privileges.

Thus, by routine traffic stop, an Indiana police officer or a state trooper may see the actual status...
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1 Answer | Asked in DUI / DWI for Indiana on
Q: How can I best manage a DUI without a lawyer?

I recently made an extremely irresponsible decision and attempted to operate a vehicle after drinking.

I am no longer working (I am however taking time to learn how to create apps to create a business) due to the pandemic and thus cannot afford an attorney.

I know how this... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on May 25, 2021

It would be in your best interest to not make another irresponsible decision and try to represent yourself. OWI/DUI cases can be technically difficult cases. If you cannot afford to hire an attorney, you should ask for a public defender who can assist you in evaluating your case and negotiating a... View More

1 Answer | Asked in DUI / DWI for Indiana on
Q: What do I need to bring to the BMV to get a conditional drivers license id card..I have specialized driving privilages

Conditional license id card requirements

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 15, 2021

If you are just needing the card, take the SDP order and the other required documents you would normally take to get a driver's license to the BMV, they will issue you a driver's license that will indicate "conditional" rather than "valid".

1 Answer | Asked in DUI / DWI for Indiana on
Q: I have a specialized drivers license and need to get a conditional license not a regular id...what do I need to do?

Conditional drivers license id card requirements

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 15, 2021

The specialized license is your conditional license. Indiana got rid of hardship and probationary licenses when specialized driving privileges (SDP) were created. It may be possible to amend the terms of your SDP if circumstances have changed.

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