Free Initial Consultation
DUI Lawyers Hammond
Indiana takes drunk driving seriously. The state metes out stiff penalties for those who are convicted, so it is perfectly understandable to be scared of what comes next after an arrest. At our firm, we receive phone calls from many people who are worried that they will lose their licenses and have to spend months in jail.
Fortunately, an arrest is not a conviction. Many of our clients have options for fighting their charges or getting a favorable plea deal. The important step is to reach out to an experienced DUI Lawyer in Hammond as soon as possible.
What is DUI in Indiana?
It is illegal to drive a motor vehicle while impaired. Perhaps the easiest way to show impairment is if your blood alcohol concentration (BAC) is at 0.08 or higher, as measured with a breath or blood test.
You can also be convicted of DUI regardless of your BAC if the state can show that you were actually impaired by drugs or alcohol. For example, a police officer might have seen you weaving in and out of lanes, and your breath might stink of alcohol when the officer talks to you.
What are the Penalties for a DUI?
If you refuse to take a breath test, then your license will be suspended for a year. If you take the breath test and have a BAC of 0.08 or higher, your license will be automatically suspended for at least 30 days.
Other penalties will depend on whether this is your first or a subsequent offense. A first offense will net you:
- A fine of up to $5,000
- Court costs and fees
- Up to one year in jail
- Suspended license for up to two years
- Possible enrollment in a substance abuse course
If you are convicted of a second offense, the penalties increase:
- A minimum of five days in prison, up to three years
- A fine of up to $10,000
- Possible community service
- License suspended for at least 180 days, possibly more
Penalties only increase with each subsequent conviction.
What Defenses can a Person Raise?
Each case is different. Unlike other law firms, we do not use off-the-rack defense approaches for every client who walks in our door. Instead, we carefully analyze the facts of your case to raise the best defenses that are supported by the circumstances.
In some cases, we will argue the following:
- The police stop was unconstitutional because there was no probable cause that you had committed a crime.
- The breath test kit was malfunctioning, or the officer did not know how to operate it properly.
- Something other than alcohol caused you to register a high BAC on the breath test.
In other cases, the strongest defense might be to point out that you have no criminal history and deserve a lenient sentence.
Arrested for DUI? You Need to Call Us
Tanzillo Stassin & Babcock, P.C., is a prominent criminal defense law firm in Indiana, which has helped many people beat back a DUI charge. If you have been picked up and booked, please contact us. We can begin right away working on your defense.
