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Indiana DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Indiana on
Q: What blood alcohol level gets you an automatic OWI?
Andrew L. Bennett
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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.... View More

1 Answer | Asked in DUI / DWI for Indiana on
Q: Does anyone who drives my car have to use the interlock device?
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jan 5, 2018

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.

1 Answer | Asked in DUI / DWI for Indiana on
Q: Dui:My wife that is sadly dead from overdose reported me drinking N driving but the cop have no evidence to report

Because there witness is no longer alive. Also they didn't come to arrest me until I was home only thing they saw was a empty beer can in my car

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 11, 2017

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... View More

1 Answer | Asked in DUI / DWI for Indiana on
Q: How long do you lose your license for a first time DUI?
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 4, 2017

If the OWI is alcohol and not drugs, you will be suspended administratively for failing the breath/blood test for 6 months or if refused then one year. Upon a conviction it is up to the judge about a suspension after conviction, but can be up to one year.

1 Answer | Asked in DUI / DWI for Indiana on
Q: How long a bench warrant for a misdomienor FTA last? Every website I go to say 180 ( 6 months ) Is that correct?

I went in for traffic related offenses. And I looked in a website called legalbegal and it was just updated in jun of 2017

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Nov 13, 2017

An original warrant will last for 180 days then the prosecutor can renew. However, a warrant for FTA does not expire and can be served many years later. If you have an FTA warrant you should contact a local attorney who may be able to see about getting the warrant recalled.

1 Answer | Asked in Car Accidents and DUI / DWI for Indiana on
Q: Husband got into drunk driving accident and totaled the car. He got a citation and no registration, or Insurance Plus

Plus expired license. Would he have went to jail and what will his consequences be

Charles Candiano
Charles Candiano
answered on Nov 5, 2017

STOP posting admissions online. Consult a local traffic attorney. You are both responsible for all property damage and personal injury that resulted.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Indiana on
Q: cought driving while suspended.

3 months ago, i was driving while suspended, pulled over and got a ticket in greenwood johnson county, this was my first suspended violation. When i try to pay the ticket, it doesn't show up anything. so i waited and waiting to see if i get a court date, but it has been months, and never heard... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Sep 21, 2017

You should go onto mybmv.com and pull a copy of your record to know specifically. It would also be wise to speak with a traffic attorney about what to do with both cases. If you pay the DWS ticket your license will be suspended again and it will also increase your insurance, as well as a... View More

3 Answers | Asked in DUI / DWI for Indiana on
Q: Can I still get a DUI if my BAC is under the legal limit?
Paul Stanko
Paul Stanko
answered on Sep 6, 2017

Yes. Operating while intoxicated does not depend upon a specific alcohol concentration.

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2 Answers | Asked in DUI / DWI for Indiana on
Q: Can a bar/restaurant face legal consequences for over-serving a minor who gets in trouble for a DUI?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2017

Possibly could lose their liquor license. But, as far as being civilly or criminally responsible to the underage drunk driver, because he or she got arrested, NO.

Victims of an illegally-served minor, by a bar, MAY have a CIVIL claim for THEIR injuries or loss of life of a loved one.

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1 Answer | Asked in DUI / DWI for Indiana on
Q: What does a DUI lawyer charge ?
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jul 25, 2017

It depends on the circumstances of the case and the level of the offense and any prior history. You can expect $1000 - $2500 for a first offense depending on the skill and knowledge of the attorney you hire.

2 Answers | Asked in DUI / DWI for Indiana on
Q: I was arrested for OWI (DUI) in Indiana, my license is Ilinois. I am released. Whats the first thing I should do ?

My BA was tested 0.11. Cop told me my license is held, but NOT suspended. So, am I good to drive ?They also told me court date could take days to months. Does that mean my license is not suspended till court date ? Its Illinois license with DUI happened in Indiana. I am very confused, any answer... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jul 25, 2017

If you can afford to hire an attorney you should do so. Your Illinois license will not be suspended administratively while your case is pending. However, if you are convicted, IL will revoke your license for at least a year. Depending on where your case is pending it may be possible to reduce the... View More

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1 Answer | Asked in DUI / DWI for Indiana on
Q: can u get a owi dismissed
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jul 9, 2017

It depends on how strong the state's case is and other factors.

1 Answer | Asked in DUI / DWI for Indiana on
Q: How many DUI convictions can you get before you lose your license?
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jul 9, 2017

It depends on your record. Every OWI has a license suspension, however if you have 3 in a 10 year period you will lose it for 10 years. Also if its your second and the prior is less than 5 years ago you will lose it for at least one year. Consult an attorney who can review your record and advise... View More

2 Answers | Asked in DUI / DWI for Indiana on
Q: If I get convicted of a DUI in Maryland, is it still legal for me to drive in another state where I don't have a DUI on

my record?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jun 13, 2017

The answer to your question is dependent on which state you live in and are licensed. If you live in Maryland and are convicted and suspended in Maryland then you are suspended in all 50 states. If you live in another state, but are convicted in Maryland and your home state is not part of the... View More

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1 Answer | Asked in DUI / DWI for Indiana on
Q: A friend got a third DUI - what's she looking at here?
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on May 30, 2017

The answer really depends on the timing of the other two OWIs. There is a mandatory jail or community service component if she is found guilty. She needs to hire an attorney to consider all defenses or problems with the State's case.

1 Answer | Asked in DUI / DWI for Indiana on
Q: My husband had a DUI from 2001 and they are now trying to get him on it. Is this possible?

He was in court on Sept 11 and it was evacuated and he never heard anymore. They are now trying to charge him with a felony as it was his 3rd one but it was 16 years ago. They are not able to produce the BAC paperwork for court. Is there anyway to get him out of this?

Paul Stanko
Paul Stanko
answered on May 6, 2017

A felony OWI charge must be filed within 5 years of the offense. If charges were timely filed, there are still speedy trial requirements that the case be resolved within 1 year + the length of any delay caused by the defendant. If the case has been pending for 15 years, without that delay being... View More

2 Answers | Asked in DUI / DWI for Indiana on
Q: with no previous tickets for offenses, a person over 50 with an owi for riding a scooter, can this be reckless driving

My husband has a great driving record, has a CDL and stupidly rode a scooter after he had been drinking. he lost control and tipped. he ended up getting picked up, and charged with an OWI. I was told by two different police he most likely would end up getting ticketed for reckless driving... View More

Paul Stanko
Paul Stanko
answered on May 1, 2017

Even a Reckless Driving can be an issue for a CDL holder. You don't necessarily need a lawyer for the first court appearance, because you will be entering a not guilty plea (NEVER plead guilty at the first court appearance without counsel), but you should at least consult with counsel before... View More

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1 Answer | Asked in DUI / DWI for Indiana on
Q: Is it possible to be charged with a DUI if you're sitting in a parked car?
Paul Stanko
Paul Stanko
answered on Apr 20, 2017

Yes. The circumstances will determine how weak or strong the case is.

2 Answers | Asked in DUI / DWI for Indiana on
Q: If I get stopped by a police officer and they ask if I've been drinking, am I required to answer them?
Paul Stanko
Paul Stanko
answered on Mar 17, 2017

No. You are never required to make an incriminating statement to police.

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1 Answer | Asked in DUI / DWI for Indiana on
Q: If I was pulled over with a OWI and driving on supended, can I get a waiver to drive my daughter to school
Paul Stanko
Paul Stanko
answered on Feb 26, 2017

If your license is suspended, you cannot drive. You need to clear the pre-existing suspension.

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