Indiana DUI DWI, OWI, Drunk Driving, Impaired Driving defense Attorney Lawyer ~ Indiana Criminal Defense Attorney

The Most Frequently Asked Questions About Drunk Driving Cases:

Q: What is "DUI"?

A: "DUI" is short for Driving Under the Influence. It is shorthand that most people understand, but strictly speaking "DUI" is not a crime in the State of Indiana. "OWI", Operating While Intoxicated is a crime, as are certain so-called per se offenses related to having certain levels of alcohol in one's blood or breath, or controlled substances in one's blood.

Q: So what's the difference?

A: Basically, OWI does not require proof of driving, but rather being in actual physical control of a vehicle. This can happen where a driver is asleep at the wheel with the engine running, for example. Also, the legal definition of "Intoxicated" may vary from the definition of "under the influence" in some states. There is no requirement to prove impairment in the per se offenses.

Q: What are the penalties?

A: This varies depending upon the class of misdemeanor or felony charged. Maximum fines range from $500.00 to $10,000.00, maximum imprisonment from 60 days to 8 years. The most commonly charged offenses provide for suspensions of at least 90 days up to 2 years, although a restricted license is possible upon conviction for a first offense. Of course, it is sometimes possible for an attorney to negotiate pleas to reduced charges.

Q: What is "HTV"?

A: "HTV" stands for Habitual Traffic Violator, which is what the Bureau of Motor Vehicles designates persons who accumulate several convictions of major traffic offenses, or a single major conviction combined with 9 minor violations, within a 10 year period. The penalty is a 5 or 10 year suspension. If you drive after becoming a habitual traffic violator, your license could be suspended for life. HTV is why every traffic violation should be taken seriously.

Q: What is "Post-Conviction Relief"?

A: "Post-Conviction Relief" or "PCR" is a legal remedy whereby a prior conviction can be set aside and a client can get a new lease on life. In the traffic law context, it is usually used to overturn HTV status or prevent a client from becoming an HTV. Example: A client comes in with 2 prior OWI convictions and 1 pending OWI charge. Before pleading to the new charge, which would make the client HTV, I would try to overturn at least 1 prior conviction, to prevent that from happening.

Q: Can I fight the breath test?

A: Oh yes! Breath testing is inherently inaccurate, because it is based on the ridiculous assumption that every person metabolizes alcohol and expels it into his breath at the same rate. For that matter, even blood and urine tests can be attacked. The ways in which to attack the State's case are numerous and vary from case to case.

Q: What are field sobriety tests?

A: Field sobriety tests, "FSTs", are ways in which the police officer can establish probable cause to arrest you and offer an approved test. You must take every approved blood, breath or urine test offered to you within a 3 hour period after you were operating a vehicle in order to comply with the Indiana Implied Consent Law, but you are not required to take any field sobriety tests. Respectfully decline to take any field sobriety tests, including the PBT (portable or preliminary breath test). If in doubt, ask the officer whether the test is one required by the implied consent law. Be very careful; because FSTs are not "testimonial", they are not considered self-incriminating, and can be used against you even if you are not given the Miranda warning.

Q: Should I make a statement to a police officer when I am stopped?

A: NEVER! All the officer needs to know is on your license and registration. Aside from the basic information required to establish your identity or fill out an accident report, decline to answer any questions without your attorney present. If you do more than that, you run the risk of convicting yourself.

Q: Do I need a lawyer?

A: Let me put it this way. In every OWI case I have been involved in, as a prosecutor, judge or defense counsel, in which an attorney was the defendant, he had a lawyer (not himself, either). If an attorney charged with OWI doesn't represent himself, neither should you. An attorney who is familiar with OWI and BMV issues can help you through a stressful time and assist you in getting on with your life.

Q: How much does a legal defense cost?

A: There are many ways of determining fees. Depending upon the seriousness of the charge, cases might be handled on a "flat fee" basis which includes all legal work up to, but not including, trial, or on a retainer basis in which an hourly rate is billed monthly after the retainer has been earned. I never charge a fee for the initial telephone or email consultation. All fees are discussed and agreed to before work begins on your case. Perhaps the better question is "What is the cost of not putting on a defense?"

Q: I have so many more questions. Where can I get answers?

A: I have so many more answers! Just call me toll-free or email me.