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Indiana DUI / DWI Questions & Answers
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/

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.

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