Indiana DUI / DWI Questions & Answers

Q: Can you actually be cited if you were just sleep deprived and not drunk?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Jan 4, 2019
Paul Stanko's answer
Yes. Charges are filed based upon probable cause. If the case goes to trial, the State will have to prove its case beyond a reasonable doubt. If the defendant was neither intoxicated nor had alcohol or a controlled substance in the body in violation of the per se statute, that would be a defense. An experienced OWI defense attorney is needed to adequately defend this case.

Q: my daughter has an ominbus hearing set for 1/18/2019. she doesnt have private attorney. what happens?

2 Answers | Asked in DUI / DWI for Indiana on
Answered on Jan 4, 2019
Andrew L. Bennett's answer
Her Omnibus hearing in the date that sets the deadline for filing motions and defenses. The judge will ask her what her intentions with the case are and if she plans on hiring an attorney. He/she should give her a little more time to hire an attorney, however will likely set the case for a trial. The judge may also ask if she wants to plead guilty. If this is her first offense she most likely will not go to jail, but she will have a conviction on her record and as well as all the...

Q: Do people get jail time for drunk driving or is it just a big fine?

2 Answers | Asked in DUI / DWI for Indiana on
Answered on Oct 26, 2018
Alexander Florian Steciuch's answer
Straight from the Indiana state government website:

If You Are Convicted of Operating a Motor Vehicle While Intoxicated

First Offense

You will have to pay court costs and fees in excess of $300.

You may receive a jail sentence of up to one year.

You will be fined up to $5,000.

Your license may be suspended up to two (2) years, or

You may be placed on probation and be required to enroll in, and pay for, a substance abuse education course....

Q: I was driving with my 4 year old the other day & she’d dropped a toy I tried to grab it while watching oncoming traffic

1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Child Custody for Indiana on
Answered on Sep 11, 2018
Andrew L. Bennett's answer
If you are charged with a crime and a child is involved then yes CPS/DCS will be called. As you say you were picking up a toy, however, the officer did not see that and has to go based on what he observed. If he believes he has enough evidence to prove intoxication you have a serious issue on your hands and need to consult with an attorney. It is very likely that you will have at least one felony charge.

Q: march 2017 I was pulled over and arrested for OWI in Indiana. I missed my court date and a bench warrant

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Aug 27, 2018
Andrew L. Bennett's answer
The warrant will remain active until you are arrested. You should consult with an attorney to see if you can turn yourself into the court rather than the jail.

Q: I just found out I have a warrant. 5 years old. It's for an HTV. I am scared and don't know what could happen.

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Answered on Jul 30, 2018
Andrew L. Bennett's answer
If you turn yourself in or are picked up, you will sit until a judge hears your case. If you hire an attorney to represent you, depending on the judge and prosecutor, your attorney may be able to either negotiate a bond you can afford to get right out of jail, or an agreement to surrender to the court, or the warrants recalled. What ever you choose to do you need to address the warrants as soon as possible.

Q: My girlfriend got an OWI while in Indiana. If she doesn't show up for court will they extradite her?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Jul 23, 2018
Andrew L. Bennett's answer
To answer that will be dependent on the specific county and prosecutors office. If she fails to appear then a warrant will be issued and its possible the prosecutor could seek a Governors Warrant.

Q: Can someone with a permanent residence in the state of IN be deported with a recent speeding ticket & OWI?

1 Answer | Asked in Gov & Administrative Law, Immigration Law and DUI / DWI for Indiana on
Answered on Jul 23, 2018
Andrew L. Bennett's answer
That is a complicated area of law, the person needs to consult with an immigration attorney. An OWI is considered a crime of moral turpitude and could have deportation consequences.

Q: If you plead guilty to a DUI are the penalties less severe?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Jul 20, 2018
Ary Avnet's answer
It is possible that the penalties may be less severe.

If you plead guilty via a plea agreement, you will know what your penalty will be prior to sentencing, as long as the judge accepts the plea agreement.

If you do not accept a plea agreement, and go to trial and are found guilty, the State may ask for a harsher penalty than it offered in the plea agreement since it had to undergo the time and expense of a trial to prove your guilt.

But ultimately, it is up to the...

Q: Can you get a DUI on a scooter?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Jun 8, 2018
Andrew L. Bennett's answer
If its a motorized scooter so as to qualify as a motor vehicle then yes you can get a DUI on a scooter. Others have been charged with DUI on a lawnmower.

Q: What is the legal limit for taxi drivers?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 30, 2018
Andrew L. Bennett's answer
The legal limit in Indiana for all operators is .08, however I believe federal regulation for CDL holders is .02. This may also apply to those with chauffers license as well. That being said your company may have its own policy so to prevent any issues its best to be sober while driving a taxi. Additionally, even if under the legal limit if you are involved in a traffic accident or situation you are likely opening yourself to be sued if you have any alcohol in your body.

Q: What if you had a court date & wasn’t able to attend because you were in the hospital having surgery!!

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 2, 2018
Andrew L. Bennett's answer
Many courts will give you a few days to prove that you were in the hospital. However, if the court already issued a warrant your options are limited. First, you can wait to be arrested, not a good choice, or you can turn yourself into the jail, also not a great idea. You can surrender to the court, however, depending on the judge you might just get taken to jail. Lastly, you can hire an attorney to try and get the warrant recalled, while no guarantees, it is the safest move.

Q: What kind of evidence do you need to fight a DUI?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Mar 23, 2018
Andrew L. Bennett's answer
It depends on the facts of the case. There are potential issues for the state in the areas of operation, proof of impairment, breath or blood test timing or procedure. Also what you drank along with what you ate and the timing of both.

Q: can a owi charge be dismisable in court if the officer didn't give a ticket for supposedly not using my turning signal

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Mar 4, 2018
Andrew L. Bennett's answer
A case does not need to be dismissed for failing to cite or charge your with everything he/she could have charged you with at the time. The officer needs probable cause to pull you over, so not citing you for an infraction is not fatal to the OWI charge.

Q: Was released due to no probable cause and given a court date what does this mean for me?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Mar 1, 2018
Andrew L. Bennett's answer
If the charges are in Indiana you can look at mycase.in.gov to see if there is a filing. It sounds like there was an issue with the charges so the judge released you, however, the prosecutor can proceed if probable cause is later determined. If you give my your name I should be able to look up your case.

Q: How do I go about petitioning the courts to ask for my driving privelages to be reinstated after 10yrs. I'm "HTV-Life".

1 Answer | Asked in DUI / DWI and Traffic Tickets for Indiana on
Answered on Feb 24, 2018
Andrew L. Bennett's answer
You need to file a petition under 9-30-10-14.1. If you do this yourself read the statute very carefully and follow what is required. You should consult an attorney as this can be a complicated hearing.

Q: What happens if you refuse to take a breath test?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Feb 18, 2018
Andrew L. Bennett's answer
In Indiana a refusal to take a breath test is a one year administrative suspension, unless there is a prior conviction then its a 2 year suspension. Additionally, if there is a conviction later on in the refusal case there is another suspension and there is no credit given from the refusal suspension. Also the person would not be eligible for specialized driving privileges.

Q: What blood alcohol level gets you an automatic OWI?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Jan 24, 2018
Andrew L. Bennett's answer
In Indiana the OWI statute is divided into 2 categories. OWIs that do not require a breath score. First it is a class C Misdemeanor to operate a vehicle intoxicated; the offense becomes a class A Misdemeanor if you operate in a manner that endangers a person. The second is know as the Per Se law. It is a class C Misdemeanor to operate a vehicle with a blood or breath score over .08 gram; the offense becomes a class A Misdemeanor if BAC is .15 or over. However, a BAC at .05 can be introduced...

Q: Does anyone who drives my car have to use the interlock device?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Jan 5, 2018
Andrew L. Bennett's answer
Be sure to check your rules regarding the interlock devise. The installer or the court may require that only you can drive the vehicle as its my understanding that the devise is calibrated to you.

Q: Dui:My wife that is sadly dead from overdose reported me drinking N driving but the cop have no evidence to report

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Dec 11, 2017
Andrew L. Bennett's answer
Not enough information to accurately answer the question. If the only evidence is your wife then the State will likely have a problem, however, if after contact the police learned of more and collected/documented then could be a different story. You should consult with a local attorney for a more specific answer and to being to protect your interests.

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