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Indiana DUI / DWI Questions & Answers
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
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
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
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...
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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.

2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for Indiana on
Q: I had a wreck in November due to a seizure. I was put in the ambulance and refused treatment

Because I knew I had a seizure.A deputy then put me in cuffs and took me to the hospital to see if a doctor could tell if I had a seizure the dr could not verify if I had one then the officer had me do blood test. I just received papers saying I have to go to court in March for a class c... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Mar 2, 2020

You should consult with an experienced criminal defense attorney and do not talk to anyone about this other than your attorney. At this point it is illegal to have marijuana metabolite in your body, however, there is legislation that may change that in Indiana.

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1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Formal Charge sheet signed by the P.A .states I was O.W.I. while on a road I was never on. Can this help me?

State of Indiana, Formal Charge Forms presented with discovery packet at my initial hearing where I plead NOT GUILTY. Form is signed by the Prosecuting attorney. I was on the Highway and the charges read against me stated that I was operating a vehicle under the Influence of Alcohol on a County... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 13, 2020

It might; you should consult with an experienced traffic attorney to see if the discrepancy and any other effect the case.

1 Answer | Asked in DUI / DWI for Indiana on
Q: What are the legal implications of carrying prescriptions (SSRIs & anticonvulsants) in a pill box for daily use in IN?
Andrew L. Bennett
Andrew L. Bennett answered on Nov 11, 2019

The law requires the pills to be in a labeled bottle showing the drug and to whom it belongs. If you have contact with police and they discover the pills in a generic pill box you could be charged with possession. Though the case most likely would be dismissed upon showing of a valid... Read more »

2 Answers | Asked in DUI / DWI for Indiana on
Q: How do you speed up the process on getting charged or dismissed for a DUI?

I was arrested for a DUI in Indiana Oct 4 around 3am. I was taken to the station and released on bail for 2500 on Oct 5 at 3pm. The officers let me know that I should wait a couple of weeks for a court date. It has been approximately 5 weeks and I haven't received any charges. I'm not... Read more »

Paul Stanko
Paul Stanko answered on Nov 4, 2019

This question comes up fairly often. There is no benefit to speeding up the process of filing of charges. Although it rarely happens, sometimes paperwork DOES get lost in the system. In that unlikely event, the prosecutor's case will never get better with age. If you contact me privately... Read more »

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1 Answer | Asked in DUI / DWI for Indiana on
Q: I have /aCDL class B ///and a have OWI pending how dors that effect my person car

They no proof yet they said on was on something because I was acting weird after I wrecked my truck blood tests coming they said

Andrew L. Bennett
Andrew L. Bennett answered on Jul 8, 2019

At the time of your initial hearing the court would have advised you of the administrative suspension for being charged with an OWI and either failing the breath test or refusing the breath test. If you failed by having a BAC over a .08 then your license, personal and CDL, would be suspended an... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Indiana on
Q: Can you get house arrest with a fleeing charge
Andrew L. Bennett
Andrew L. Bennett answered on Jul 1, 2019

Without more detail it is too difficult to give an accurate answer. However, if there was no injury on a fleeing case, it is possible to get house arrest in most situations, if at all.

1 Answer | Asked in DUI / DWI for Indiana on
Q: How long are DUI charges on your record in Indiana and how accessible is this information?

I have two OWI charges in Indiana in 2010 and early 2011, I am now applying for a course in college that wants me to disclose my criminal record. I'm afraid that these will exclude me from the mortuary course. I don't want to list these on my application if they're not still on my record.

Andrew L. Bennett
Andrew L. Bennett answered on Jun 3, 2019

If they are convictions then it will be on your criminal history as well as your driving record. Depending on when the cases were completed and if probation was successful with no outstanding issues, you should be eligible for an expungement. Keep in mind you are permitted one expungement of... Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: I did and I’m trying to find another lawyer. Mine is in trouble. I wasn’t intoxicated. I live in Chesterton in.

My gps wouldn’t work. I cannot plead quilty. I have called your office btw and you this is unjustified.

Andrew L. Bennett
Andrew L. Bennett answered on Apr 30, 2019

Not sure what you are asking. If you would like to discuss your case confidentially, please call my office.

2 Answers | Asked in DUI / DWI for Indiana on
Q: I got a dui,I was not the driver cop walked up and we where out of the car he ask who drov she had key and pointed at me

We where both Intoxicated but I did not drive her boyfriend also said she got out of passanger side witch that’s a lie cop never seen who drove but I went to jail bc it was my car and they said it was me I told the cops it wasnt

Paul Stanko
Paul Stanko answered on Apr 30, 2019

You haven't asked a question. The judge or jury will have to decide whether they believe you or the other witnesses if this goes to trial.

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1 Answer | Asked in DUI / DWI for Indiana on
Q: Can i take my case back to court for early home detention dismissal
Paul Stanko
Paul Stanko answered on Apr 30, 2019

Your question does not contain enough facts to facilitate an answer. If your sentence was agreed to as part of a plea agreement, it can only be modified by agreement of all parties and approval by the court.

1 Answer | Asked in DUI / DWI for Indiana on
Q: Hi, I was lost and I took my anxiety medication because I was lost and I blew a 0 on multiple breathalyzers.

I had thc In my system. I have prior drinking and I learned my lesson and I think my attorney is not good because he’s in trouble. I don’t feel I should’ve went to hospital I was completely sober. Didn’t smoke marijuana for days. I was just lost and gps wouldn’t work. I need help. I was... Read more »

Paul Stanko
Paul Stanko answered on Apr 30, 2019

If you are charged with operating with any level of controlled substance in your body, sobriety is irrelevant. It is not a defense. You should discuss your concerns with your current attorney.

1 Answer | Asked in DUI / DWI for Indiana on
Q: please explain my rights in a dui checkpoint? Differentiate order & request. What am i required to do &what can I refuse

I WISH I COULD FIND THIS INFORMATION ONLINE SO I WOULDNT HAVE TO BOTHER YOU FINE HUMAN I JUST WANT TO KNOW MY RIGHTS

Paul Stanko
Paul Stanko answered on Apr 9, 2019

The police must follow a set procedure in order to eliminate targeting or cherry-picking. The stop must be for a reasonable and short period of time (time enough to check license and registration, for example). You may refuse to answer incriminating questions and are not required to consent to a... Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: I need help on finding information about the case "mitchell vs wisconsin". Do you know anything?

I am doing a project for school on this case, and I need help. I am supporting wisconsin's side of the argument, so if you know anything, could you please help? This case is about a man who had his blood drawn without permission, because he was believed to be driving while intoxicated.

Paul Stanko
Paul Stanko answered on Apr 9, 2019

Here is a link to information:

https://www.scotusblog.com/case-files/cases/mitchell-v-wisconsin/

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