DUI Law in Indianapolis, IN

What Is a DUI?

DUI, which refers to driving under the influence of alcohol or drugs, is a criminal offense that can lead to weighty consequences. Also known as DWI, the process of going to court to face either conviction or exoneration can change the course of your life forever.

Learn more about your DUI law defense options below, and then talk to a local attorney in Indianapolis, Indiana who will help you in this delicate situation. You don’t have to stare down consequences alone. You can take wise steps today to protect your interests.

Possible Consequences of a Indianapolis, Indiana DUI Conviction

Where you live, the severity of the incident, and your criminal record determine the sentencing for a DUI. The punishments can drastically increase if you have had previous DUIs, so be mindful of that. If this is your first DUI, do not go at it alone and risk costly mistakes. Get a Indianapolis law firm on your side to fight for you and your rights.

Paying Fines

If convicted of driving under the influence of alcohol or drugs in Indianapolis, Indiana, you can count on fines being a part of your sentencing. In Indiana, DUI is typically referred to as OWI. According to Indiana Law, OWI fines can range from $500 for your first offense to up to $10,000 for your second or third offense, which are charged as felonies.

However, other factors can drastically increase the amount you must pay, including:

  • Any damage to property while driving under the influence
  • If someone suffered injuries as a result of your intoxicated driving
  • Cases that include child endangerment
  • Any court costs associated with your case

Jail Time

Jail time is mandatory, even for first-time offenders in Indianapolis. If this is your first DUI offense, you may only have to face a day or two in prison. But if you have previous convictions for DUIs, you can be sentenced to several months or years, depending on the nature of the crime. Know that some circumstances can add even more time in a cell, including injury to other people while driving under the influence.

Probation

If you do not face jail time, you will likely be on probation, with the sentencing judge determining the duration. You will pay monthly fees, and you cannot commit any more criminal offenses, including traffic violations. If you violate the terms of your probation, count on facing time behind bars.

After committing an Indianapolis OWI, probation on your first offense can include community service, and random drug and alcohol testing. In fact, you may not even be able to enter bars or liquor stores. As well, you will likely have to install an Ignition Interlock Device. Probation fees vary for each person and may be on your Order of Probation. The fees can be paid online or at the Marion County Clerk’s Office. For Indianapolis residents, you typically meet your probation officer at Marion County Probation, located at 200 E. Washington Street. Importantly, any violation of probation can result in you having to serve your entire jail sentence.

Drug and Alcohol Education Program

Following a Indianapolis DUI sentencing, the law states you must complete a drug and alcohol education program. This will teach you about the dangers of driving under the influence. These programs cost more fees besides the legal costs you already have to pay.

The Indiana Office of Court Services certifies court-based substance abuse programs for individuals on probation. For a first offense, individuals have to go to a substance abuse assessment prior to completing an education or treatment program. These programs can range from 8 to 20 hours depending on the court sentence. Most counties in Indiana offer a Court Alcohol and Drug Program, with a supervising judge. Specifically, in Marion County, you can enroll at Marion Superior Court A&D Service, located at 200 E. Washington Street, Indianapolis.

The education programs also include a DUI evaluation. An evaluator asks you questions about how alcohol and drugs affect your life. If they believe that you are dependent, you may have to enter a substance abuse treatment program.

Suspension or Loss of License

No matter where you may face a DUI conviction, you have to undergo a license suspension period, at the very least. If it is your first DUI, you may have a license suspension for a few months while you go through probation and the drug and alcohol education program.

If this is not your first DUI, you may have your license suspended for much longer, or you could have it taken from you permanently.

What Should You Do When Charged With a DUI in Indianapolis, Indiana?

If you’re facing a felony DUI charge, you must take the following steps to protect yourself:

Step 1: Contact an Attorney Familiar With Indianapolis, IN DUI Law

Immediately following your DUI arrest, you need to contact an experienced Indianapolis DUI attorney. Your attorney can help prepare for your arraignment and prepare a defense to vindicate yourself or reduce the sentencing.

Step 2: Learn About Your Local DUI Laws

Indianapolis, Indiana has unique laws for DUI or DWI charges. Your lawyer will work with you to help you better understand your state’s laws on driving while intoxicated. It is critical to understand what charges you face and the potential outcomes of your case. 

Step 3: Request a DMV Hearing

You or your attorney should request a hearing as soon as possible following your arrest. In Indianapolis, Indiana you only have so much time to ask for a DMV hearing to keep your license until your court appearance. If you do not request a hearing, prepare for a license suspension.

If your license has been suspended, you should request an administrative hearing with the Office of Administrative Law Proceedings (OALP). This is because, as of 2019, the Bureau of Motor Vehicles falls under the jurisdiction of the OALP and its Administrative Law Judges. A non-refundable fee of $50 must accompany this filing. If you live in Indianapolis, your hearing will be conducted by the OALP, located at 402 W. Washington St., Indianapolis.

Step 4: Prepare for Court Appearance

You and your attorney will prepare for your appearance and arraignment in Indianapolis. If you plead “not guilty,” your DUI defense attorney represents you in court, and a judge and jury oversee the DUI law case.

Step 5: Receive Sentencing or Exoneration

You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.

Work with an Experienced Local DUI Lawyer in Indianapolis, Indiana

Should you ever find yourself charged with a DUI, you need to work with an experienced Indianapolis, IN lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you today. We can even help you connect with legal help across Indiana state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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