Terre Haute Indiana DUI Lawyer Phillip C. Smith

Indiana drunk driving cases are referred to as Indiana OVI (operating a vehicle while intoxicated), Indiana DUI (driving under the influence of alcohol), or Indiana OMVI (operating a motor vehicle while under the influence, impaired, or intoxicated). All of these acronyms relate to the same offense, found in the Indiana Revised Code.

Indiana drunk driving arrests trigger two separate cases: the court case, where penalties include jail time, fines, mandatory classes, and more; and the Indiana Bureau of Motor Vehicles case, where the arrestee’s driving privileges are at stake.

URGENT: IF YOU OR SOMEONE YOU CARE ABOUT HAS BEEN CHARGED WITH ANY TYPE OF INDIANA DRUNK DRIVING OFFENSE, WHETHER OMVI, DUI, OVI, OR ANY OTHER TYPE OF DRINKING AND DRIVING CASE, THE LAW LIMITS THE AMOUNT OF TIME YOU HAVE TO CONTEST THE AUTOMATIC SUSPENSION OF THE DRIVER’S LICENSE. CONTACT A LAWYER RIGHT AWAY.

Indiana DUI law makes it a crime for any person to operate a motor vehicle while having any amount of alcohol or drugs or combination of the drugs and alcohol that impairs their physical or mental abilities to an appreciable degree. This offense does not require proof of any specific amount of alcohol in your system; therefore, you don’t have to take the blood, breath, or urine test to be convicted of this offense.

Indiana drunk driving law also makes it illegal to operate a motor vehicle with a specific level of alcohol in your system: .08% as determined by blood, breath, or urine testing. These are called per se offenses, and they have nothing to do with alcohol interfering with the driver’s physical or mental abilities. They are based purely on body chemistry.

In order to be convicted of a drinking and driving offense in Indiana, the defendant’s guilt must be proven beyond a reasonable doubt. This means that the prosecutor has the burden of proving each element of the crime to the exclusion of every reasonable doubt, and in the case of a reasonable doubt as to any element, the accused is entitled to a verdict of not guilty.

What are the elements of Indiana DUI cases? Each aspect of a Indiana OMVI case must be analyzed to determine if the prosecutor can meet his or her burden. This will depend on the type of evidence the prosecutor can introduce on each of the following points.

"Operate" has a different definition than actually driving down the road. It includes being in control of a vehicle even if parked and not running at the time of the offense. If one is in the driver’s location of a stationary vehicle and has the keys close at hand so as to be capable to put the vehicle in motion, it would be considered "operation" and thereby an offense in Indiana. Many cases in Indiana have dealt with various aspects of whether the vehicle was on private property, actually moving, driver actually in driver’s seat, keys actually in the ignition and other aspects of operation. A new addition to the code will make actual physical control of the vehicle an offense.

"Vehicle" is also broader than the limited application to a car. It includes a motorcycle or bicycle or any device that is moved by power other than human power. Courts have determined that a mounted bicycle, golf cart, tractor, riding lawnmower and other devices are included in the definition of "vehicle". Obviously motorized wheelchairs are excluded. It should be noted here that there are separate code sections for the operation or physical control of watercraft under the influence and it has its own set of definitions.

"Under the influence of alcohol" means that a person consumed some alcohol, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the person’s actions, reactions and mental processes under the circumstances then existing and deprived him of the clearness of intellect and control of himself which he would otherwise have possessed. The question is what effect did any alcohol consumed by the person have on him at the time and place involved. If the consumption so affected the nervous system, brain or muscles of the person so as to impair to an appreciable degree his ability to operate the vehicle, the person was under the influence. "Appreciable" means noticeable or perceptible.

Here are highlights from Indiana law on operating a vehicle while intoxicated (Indiana Code 9-30-5). Click on the links for further explanation of the legal terms associated with drunk driving in Indiana.

These are highlights of the main provisions of Indiana law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in Indiana, contact an attorney in your area to determine you rights and responsibilities.

The sanctions and penalties for each offense depend upon the prior criminal record, traffic record, prior DUI convictions, level of alcohol, and specific facts of the individual case. That’s why it is so important to contact a lawyer that concentrates on defending DUI, OMVI, or OVI cases.

Note: Because of the severity of these charges, consulting a DUI defense attorney is critical.

DUI/OWI FACTS (DUI IS REFERRED TO AS OWI IN INDIANA):
• 1.5 to 2 million people in the USA will be arrested for DUI/OWI this year.
• Per the Indiana Criminal Justice Institute:
• 40,000 people are arrested in Indiana each year
• Approximately 110 people per day
• Almost 5 people every hour
• About 1 person every 12 minutes
• More people are arrested for DUI/OWI than for any other offense.
• The current .08 laws make every social drinker an easy target for arrest.
• Despite lower legal BAC levels, drunk-driving deaths have NOT been greatly reduced. In fact, they have remained about the same for the past decade.
• Government agencies and private lobbying groups continue to make UNPROVEN claims that approximately 17,000 people each year are killed and 41% of all driving deaths are due to alcohol. Once analyzed, the numbers tell a far different story.
• DUI/OWI is a multi-million dollar industry - courts, police, lawyers, abuse recovery, insurance companies and lobbying groups make huge sums of money because of it.

IF YOU ARE ARRESTED FOR OWI IN INDIANA, THIS IS WHAT WILL HAPPEN:
• You will get handcuffed like a criminal.
• You will get fingerprinted like a criminal.
• You will have a mugshot taken like a criminal.
• You will go to jail like a criminal.
• Your vehicle will be impounded.
• Your license will be taken ON THE SPOT even before you are found guilty.

THE TWO BASIC CHARGES WITH AN INDIANA OWI ARREST
(YOU MAY BE CHARGED WITH OTHER COUNTS AS WELL):
• Operating A Motor Vehicle While Intoxicated.
• Driving with a BAC of .08 or above. The Per Se Law. Assumes Guilt.
• Triggers ALR - Automatic License Revocation.

THE POLICE CAN ARREST YOU:
• Even if you are not legally drunk.
• If they think you are too impaired to drive.
• No matter how little you have had to drink, or have had nothing to drink at all.
• Even if you haven’t had an accident.
• Even if you have caused NO damage to yourself, anyone else or their property.

A first drunk driving arrest is a misdemeanor, punishable by up to a year in jail and up to a $2,500 fine. In addition, your driver’s license will be suspended for three to six months, depending on whether you took a breathalyzer test and failed it or refused to take a breath test. Many motor vehicle insurance companies will discontinue your coverage, based on a DUI conviction. Those companies that will insure you will only do so at a greatly increased premium.

More importantly, in Illinois you only get one DUI conviction before the consequences increase exponentially. Your second DUI conviction will result in a revocation of your driver’s license. If your license is revoked, you won’t be able to get it back for at least two to three years, if ever.

If you have a commercial driver’s license or need your vehicle for work, a DUI conviction could mean the end of your livelihood.

The consequences of a drunk driving conviction do not stop with the punishments provided by law. It is easy to see how important it is to protect your rights and have a lawyer that can fight to help you avoid the stigma and punishment that comes with a DUI conviction.