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Indiana DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Indiana on
Q: aren't you suppossed to recieve an arrest report at the time of arrest

i was told by the jail that i can't get one til my attorney gets one when I go to court. I don't have a lawyer and may need to represent myself

Paul Stanko
Paul Stanko
answered on Feb 19, 2017

No, you will not get an arrest report until charges are filed. Until then, reports are work product. You are entitled to discovery from the prosecutor, whether you are pro se or represented by counsel, once charges are pending.

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1 Answer | Asked in DUI / DWI for Indiana on
Q: if the probable cause arrest is bogus, do the owi charges still stand? and for a first offense, whats the consequenses.

I never got an arrest report so I have no idea whats on it. I didn't do the probable cause charge.

Paul Stanko
Paul Stanko
answered on Feb 19, 2017

If you believe you were arrested without probable cause, you should discuss that with your attorney. You will still need to deal with the charges. Courts in Indiana do not have the authority to dismiss charges under normal circumstances. Even a first offense carries the possibility of jail time... View More

2 Answers | Asked in DUI / DWI for Indiana on
Q: Why do they keep your lisence after a dui arrest if its not immediately active ? I also read something about ALS.

What is ALS? And thanks for the prompt response.

Paul Stanko
Paul Stanko
answered on Feb 14, 2017

They keep your license because the Indiana statute requires it.

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1 Answer | Asked in DUI / DWI for Indiana on
Q: Can I get a liquor license if I had a dui in 2013?
Paul Stanko
Paul Stanko
answered on Feb 14, 2017

This is a licensing question. You should contact the appropriate state licensing board for their requirements.

2 Answers | Asked in DUI / DWI for Indiana on
Q: DUI: is my lisence still valid if it says on the bmv website? I was able to obtain another copy. Was arrested Friday.

I was arrest Friday for blowing .19. I got a dui. My lisence was kept after being bonded out. I spoke to a lawyer briefly and he said I can continue driving if I get another copy of my lisence and if the bmv site shows my lisence as valid. He said go just chdcj it frequently for when the suspension... View More

Paul Stanko
Paul Stanko
answered on Feb 14, 2017

Your license is not suspended upon arrest, only upon a finding of probable cause. In most counties, the license suspension is processed at the time of the initial hearing. If you were just arrested Friday, your license has NOT been suspended (yet). The other lawyer advised you correctly.

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1 Answer | Asked in DUI / DWI for Indiana on
Q: In the state of Indiana, an owi while endgangerment, is the state to prove both the owi and the endangerment?

To further explain the endangerment charge that is an add on sentence correct?

Paul Stanko
Paul Stanko
answered on Feb 12, 2017

Endangerment is an element of the enhanced offense, and must be proved beyond a reasonable doubt.

2 Answers | Asked in Traffic Tickets and DUI / DWI for Indiana on
Q: I was given a ticket for minor procession and I was wondering what I could do about it?

I was carrying the beer in my hand for my buddy. The cops pulled us over and told us they followed us from the store. My buddy's hands were full so that's why I was carring the beer.

Paul Stanko
Paul Stanko
answered on Feb 11, 2017

Get a lawyer. That is not a traffic ticket! You are being charged with a misdemeanor. If you have a clear prior record, you may be eligible for pretrial diversion.

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1 Answer | Asked in DUI / DWI for Indiana on
Q: I have a no hold bond in Indianapolis for a house arrest violation...Can I get a lawyer and have the warrant recalled
Paul Stanko
Paul Stanko
answered on Jan 30, 2017

Whether the court will recall the warrant is an open question, but any time you have pending criminal matters you should have a lawyer, especially if you have an outstanding warrant. Your lawyer may or may not be able to convince the court to recall the warrant, but the chances are far better with... View More

1 Answer | Asked in DUI / DWI for Indiana on
Q: I have a court date set for a dui, but I just got charged with petty theft -- does this affect my dui charge at all?
Paul Stanko
Paul Stanko
answered on Jan 27, 2017

I should not affect your charge itself, but it will quite possibly affect negotiations or sentencing. It is never a good thing to get new charges while old charges are pending. You are probably looking at consecutive sentencing if you are convicted of both charges. Be sure to discuss the new charge... View More

2 Answers | Asked in DUI / DWI for Indiana on
Q: How will a DUI affect my car insurance?
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jan 6, 2017

It is hard to say specifically as it depends on your particular company. It is safe to say that it will increase and in no small measure. The overall effect will really depend also on what is on your driving record. If its fairly clean, it will be less than if you are close to Habitual Traffic... View More

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3 Answers | Asked in Criminal Law, DUI / DWI and Car Accidents for Indiana on
Q: I just found out yesterday that I have a case from two years ago when I was a minor, without notice, can I fight it?

I was only 16 and I waited for a letter from court with a court date but I never received one. I received my background check from a job yesterday and that's when I seen that there was a case. Can I also get a lawyer to do it pro bono?

Peter N. Munsing
Peter N. Munsing
answered on Dec 28, 2016

You can try to reopen, but I don't see that you will get an attorney to handle it for free other than the legal services, and they usually don't handle such issues.

First,go check the Court docket--a)it may not says what the sheet says it does b) if it does it will say exactly...
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2 Answers | Asked in DUI / DWI for Indiana on
Q: If I was just sleeping in my car can I still get a DUI?
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 9, 2016

I'm assuming by your question that you have been charged. It really depends on all of the facts. The State must prove operation in order to get a conviction. If you were in the car with it off and no keys in the ignition then no they cannot get an OWI conviction. However, if you fell... View More

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2 Answers | Asked in DUI / DWI for Indiana on
Q: My wife's father got a DUI in his personal vehicle Saturday night he's a Truck driver that needs his CDL can he keep it?

is it possible to fight and keep his licences and CDL?

Paul Stanko
Paul Stanko
answered on Dec 5, 2016

The CDL will be disqualified for at least a year if he is convicted of OWI. He may be eligible for a regular license or specialized regular driving privileges. He needs a lawyer.

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1 Answer | Asked in DUI / DWI for Indiana on
Q: i would like information on getting felony DUI off my record?

This is preventing me from job employment and taking care of my kids i need help to rectify this situation with no cost

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Nov 15, 2016

You may be eligible for an expungement, there are many of us that handle those type of cases. You should use the find a lawyer feature to find an attorney.

1 Answer | Asked in DUI / DWI for Indiana on
Q: If my license is temporarily suspended pending court, do I also loose my liquor license?
Paul Stanko
Paul Stanko
answered on Nov 2, 2016

Those are two separate issues. If your driver's license is suspended, that does not directly effect your liquor license.

2 Answers | Asked in DUI / DWI for Indiana on
Q: I know that you can get a DUI for drugs, but isn't it a defense if you had a legal prescription for them?
Paul Stanko
Paul Stanko
answered on Oct 25, 2016

It is, to the per se violation. You can still be convicted for Operating While Intoxicated though, if the State proves the elements.

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1 Answer | Asked in Business Law, Business Formation and DUI / DWI for Indiana on
Q: Can you get a liquor license in Indiana if you had a OWI in 2012
Paul Stanko
Paul Stanko
answered on Oct 2, 2016

You need to provide more information. Were you convicted or just arrested?

1 Answer | Asked in DUI / DWI for Indiana on
Q: Girlfriend incarcerated first time ever for owi and reckless driving will they OR her at court her bond now is 13000

She's in whitley county jail on surety bond 13000 has court Monday also a good job and goes to college what should I do I'm stressing badly

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

This answer is moot by now, but judges have nearly unlimited discretion in setting bonds. Having dealt with the Whitley County judge and prosecutor on several occasions, I have found them to be reasonable in setting bonds for first-time offenders. A reduced bond or OR release is certainly possible.

1 Answer | Asked in DUI / DWI for Indiana on
Q: Why would Boone Co. IN have a code 30 life htv hold on my driver's license, after completing my obligations to them 2yrs

Have gotten special driving privileges, but had to petition both Howard (where I reside) as well as Boone Counties.

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

Go to: http://in.gov/bmv/ , create a free account, and get your official Indiana driving record, then contact a local attorney to discuss what requirements for reinstatement are shown on that record.

1 Answer | Asked in DUI / DWI for Indiana on
Q: was pulled over in Indiana, for dui and owi , was not ticketed or arrested, warrant was issued 2 months later, atty

suggests turning myself in for ten days then bonding out since even with a plea aggreement I will have to do at least ten days (3rd dui but last was over 8 yrs ago), have a few serious health issues and was/am on prescription meds at the time. Atty hasnt really said how he plans to defend. If I... View More

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

I will not second-guess another attorney when that attorney has the advantage of having consulted with you and knowing specific facts about your case. To answer your question, however, surrendering yourself on a warrant is never an admission of guilt. If you hesitate to wait before bonding yourself... View More

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