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Indiana DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Indiana on
Q: If charged with a DWI in Indiana, Do I need to find a DWI lawyer or request a public defender?
Paul Stanko
Paul Stanko answered on Apr 9, 2019

If you can afford private counsel, by all means seek out an experienced OWI lawyer. If you are indigent, ask the court to so determine, and appoint a public defender. Do not try to represent yourself.

1 Answer | Asked in DUI / DWI for Indiana on
Q: If charged with a first offense DWI in Indiana, Do I need a lawyer? What does ROR stand for on my court date paper?
Paul Stanko
Paul Stanko answered on Apr 9, 2019

You definitely need a lawyer if you are charged with an OWI. ROR stands for "Released Own Recognizance".

1 Answer | Asked in DUI / DWI for Indiana on
Q: Can you actually be cited if you were just sleep deprived and not drunk?
Paul Stanko
Paul Stanko answered on Jan 4, 2019

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... Read more »

2 Answers | Asked in DUI / DWI for Indiana on
Q: my daughter has an ominbus hearing set for 1/18/2019. she doesnt have private attorney. what happens?
Andrew L. Bennett
Andrew L. Bennett answered on Jan 4, 2019

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.... Read more »

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2 Answers | Asked in DUI / DWI for Indiana on
Q: Do people get jail time for drunk driving or is it just a big fine?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Oct 26, 2018

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...
Read more »

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1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Child Custody for Indiana on
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

I had to try to grab it and I crossed the center of the road 3 times (again no on known traffic I was making sure 100%). When I got to the stop sign at the end kid tbe road, he turned his flasher light on (the officer) and arrested me for OWI on my prescription medications. He was mind enough to... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 11, 2018

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... Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: march 2017 I was pulled over and arrested for OWI in Indiana. I missed my court date and a bench warrant
Andrew L. Bennett
Andrew L. Bennett answered on Aug 27, 2018

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.

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
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.

I have to turn myself in. What will happen to me?

Andrew L. Bennett
Andrew L. Bennett answered on Jul 30, 2018

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... Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: My girlfriend got an OWI while in Indiana. If she doesn't show up for court will they extradite her?
Andrew L. Bennett
Andrew L. Bennett answered on Jul 23, 2018

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.

1 Answer | Asked in Gov & Administrative Law, Immigration Law and DUI / DWI for Indiana on
Q: Can someone with a permanent residence in the state of IN be deported with a recent speeding ticket & OWI?

Specifically in Hamilton county

Andrew L. Bennett
Andrew L. Bennett answered on Jul 23, 2018

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.

1 Answer | Asked in DUI / DWI for Indiana on
Q: If you plead guilty to a DUI are the penalties less severe?
Ary Avnet
Ary Avnet answered on Jul 20, 2018

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...
Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: Can you get a DUI on a scooter?
Andrew L. Bennett
Andrew L. Bennett answered on Jun 8, 2018

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.

1 Answer | Asked in DUI / DWI for Indiana on
Q: What is the legal limit for taxi drivers?
Andrew L. Bennett
Andrew L. Bennett answered on Apr 30, 2018

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.... Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: What if you had a court date & wasn’t able to attend because you were in the hospital having surgery!!

And you called them & told them but they still put out a warrant!! What should I do???

I went to ER & they told me I had pneumonia and admitted me & scheduled surgery for today!!

Andrew L. Bennett
Andrew L. Bennett answered on Apr 2, 2018

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... Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: What kind of evidence do you need to fight a DUI?
Andrew L. Bennett
Andrew L. Bennett answered on Mar 23, 2018

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.

1 Answer | Asked in DUI / DWI for Indiana on
Q: can a owi charge be dismisable in court if the officer didn't give a ticket for supposedly not using my turning signal

The officer pulled me over while turning in front of my house stating that i didnt use my turning signal and took me to the hospital and gave me a blood test of .12 and charge me with an owi, but i didnt receive a ticket for the turning signal, which this case should be dismissable in court for not... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Mar 4, 2018

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.

1 Answer | Asked in DUI / DWI for Indiana on
Q: Was released due to no probable cause and given a court date what does this mean for me?
Andrew L. Bennett
Andrew L. Bennett answered on Mar 1, 2018

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... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Indiana on
Q: How do I go about petitioning the courts to ask for my driving privelages to be reinstated after 10yrs. I'm "HTV-Life".

My 10yrs was up 12/29/17. I haven't received any driving citations during that time.

I'm paid up on all outstanding tickets, and I'm currently waiting to see a judge about having the state wave my $1000 reinstatement fee.

Andrew L. Bennett
Andrew L. Bennett answered on Feb 24, 2018

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.

1 Answer | Asked in DUI / DWI for Indiana on
Q: What happens if you refuse to take a breath test?
Andrew L. Bennett
Andrew L. Bennett answered on Feb 18, 2018

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... Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: What blood alcohol level gets you an automatic OWI?
Andrew L. Bennett
Andrew L. Bennett answered on Jan 24, 2018

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.... Read more »

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