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Dyer DUI Attorney
Being convicted of a DUI can have life changing consequences, so if you were recently arrested for driving under the influence, you should consider contacting an experienced Dyer DUI attorney who can help you begin formulating a defense.
Elements of a DUI Offense
Under Indiana law, drivers are prohibited from operating their vehicles when:
- They have a Blood Alcohol Content (BAC) of .08 percent or higher;
- They have ingested or consumed a Schedule I or Schedule II controlled substance; or
- They are intoxicated.
Under the first two categories, prosecutors must provide evidence of a chemical or breathalyzer test in order to obtain a conviction. However, this proof is not required if there is evidence that a defendant was under the influence of alcohol, a controlled substance, a drug other than a controlled substance, or a combination of the above, and that he or she:
- Was in an impaired condition of thought and action; and
- Had lost normal control of his or her faculties.
To demonstrate this, prosecutors may attempt to provide eyewitness testimony, which is not always admissible.
Is a DUI a Misdemeanor Offense?
In Indiana, most DUIs are considered misdemeanor offenses, which are punishable by up to two months in prison and a $500 fine, in addition to a one year license suspension. First time offenders are often able to avoid jail time and the year long license suspension by attending a substance abuse education course and performing community service.
DUI charges can be enhanced to a felony if:
- The defendant has a prior DUI conviction in the past five years;
- The driver was over the age of 21 years old and had a minor in the vehicle at the time of arrest; or
- The defendant has previously been convicted of driving while intoxicated and causing serious bodily injury or death.
In these cases, defendants could face three or more years in prison, a driver’s license suspension of up to ten years, designation as a habitual traffic offender, and a $10,000 fine.
Possible Defenses
Fortunately, there are certain defenses that defendants can raise if they have been charged with a DUI. For example, under Indiana law, evidence that the accused consumed a controlled substance under a valid prescription is a defense to a DUI charge. Defendants are also allowed to present evidence proving that:
- The arresting officers made a mistake during the testing procedure;
- The testing equipment was not calibrated to specifications under state law;
- The arrest preceding the test was unlawful; or
- They were unlawfully detained.
To find out whether these or any other defenses apply to you, please contact a member of our legal team today.
Call or Text an Experienced Dyer DUI Lawyer Today
Being convicted of driving under the influence can have life changing consequences, so it is critical for those who are accused of committing this crime to have a firm understanding of their rights and legal options.
