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Indiana DUI / DWI Questions & Answers
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... Read 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... Read more »

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... Read 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... Read 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... Read 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... Read 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.

1 Answer | Asked in DUI / DWI for Indiana on
Q: Pulled over for OWI; passed the field test, field breathalyzer, and station machine. Then did blood draw and said fail.

How do I find out what results were and is he allowed to keep forcing me to take tests?

Andrew L. Bennett
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Andrew L. Bennett
answered on Jan 6, 2021

You will find the results once you receive discovery from the prosecutor's office. An officer can request multiple chemical tests, however you should consult with an experienced criminal defense attorney to determine if it was all done correctly.

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: What if the date was wrong (dated for the day before offense) on a blood ,urine warrant..
Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 14, 2020

Depending on other facts, it may be grounds to have the warrant and the results of the warrant suppressed. You should discuss this with your attorney, if you have not hired one then you should consult with one sooner than later.

1 Answer | Asked in DUI / DWI for Indiana on
Q: I need advice on a DUI case...I have a few questions if someone could please help

My case says something about released on own recognizance, I was never arrested and have 3 charges I'm facing

Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 7, 2020

What are your questions? Many times in OWI/DUI cases there are multiple charges for similar offenses, generally, you can only be convicted of one OWI offense.

1 Answer | Asked in DUI / DWI for Indiana on
Q: Hello I got 2 DUI’s in Kentucky, 2014 and 2016 both aggravated. Can I get this expunged?

Hello I got 2 DUI’s in Kentucky, 04/12/2014 and 12/10/2016 both aggravated. Completed all court ordered aa classes got my license back, no other offenses Would I be able to get these expunged?

Joel D. Hand
Joel D. Hand
answered on Jul 9, 2020

You would have to get them expunged in Kentucky if expungement is permitted in the Commonwealth. You can only expunge an Indiana case in Indiana. I highly recommend re-asking this question of attorneys licensed to practice law in Kentucky.

3 Answers | Asked in DUI / DWI, Criminal Law and Traffic Tickets for Indiana on
Q: For prior offense DUI is it dated from date of conviction or date of last occurrence?

I have a pending DUI charge and IC 9-30-5-3 has recently changed. Prior occurrence has changed from 5 years to 7 years. My first DUI occurred November of 2012 but was not decided until April of 2013. My pending charge occurred on 02/05/2020. So because of this change my charge is somewhere in... Read more »

Andrew L. Bennett
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Andrew L. Bennett
answered on Jun 4, 2020

You should expect to be charged with a felony OWI since it has been less than 7 years from your last conviction.

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1 Answer | Asked in DUI / DWI for Indiana on
Q: IC 9-30-5-3 is the prior offense related timeline start at the Prior Conviction or the Prior Occurrence?

Indiana recently changed IC 9-30-5-3 to classify a prior DUI offense as within 5 years to now 7 years.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jun 4, 2020

Yes, the law has changed from 5 year to 7 years for a prior OWI. The time frame is from the last conviction date to the offense date for the new charge.

1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Indiana on
Q: What is the rules on driving a moped in Indiana?

Like I head people who lost there licence can drive mopeds still I tryed looking it up online but im getting mixed results saying you need a licence or a moped license or even just an ID. I currently do not have my licence do to anxiety driving with someone so after i heard about this i thaught... Read more »

Charles Candiano
Charles Candiano
answered on May 4, 2020

Your local license branch can walk you through the process. The following is from AAA's digest or motoring laws and seems accurate:

Owners of mopeds or scooters with engines smaller than 50 cubic centimeters must apply for a registration. Such mopeds or scooters will receive license...
Read more »

3 Answers | Asked in Criminal Law and DUI / DWI for Indiana on
Q: My husband was arrested for OWI and reckless homicide. I’m curious as to how much time we’re looking at.

He was convicted of possession almost 20 years ago and has not been in any legal trouble since I know that the charges carry a sentence of anywhere from 1-12 years. I’m curious as to what amount of time he will LIKELY be sentenced to based on his history and everything else. Just a professional... Read more »

Joel D. Hand
Joel D. Hand
answered on Apr 15, 2020

Operating a Vehicle While Intoxicated Causing Death is a Level 4 Felony which has a sentencing range of 2 years to 12 years in the Department of Correction with an advisory sentence of 6 years. Reckless Homicide is a Level 5 Felony which has a sentencing range of 1 to 6 years in the Department of... Read more »

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1 Answer | Asked in DUI / DWI for Indiana on
Q: I'm looking to get my three OWI's expunged pro bono. Or advice on how to go about doing it myself.

2005,2007,2008

Joel D. Hand
Joel D. Hand
answered on Apr 13, 2020

If any of your prior convictions are from Marion County, Indiana, there is a self-help desk located in the City-County Building to assist people with the preparation and filing of pro-bono petitions for expungement.

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