DUI convictions can have additional consequences depending on a few other factors. These include:
- BAC of 0.15. If you have a blood alcohol content double the legal limit, 100 hours of community service and an additional fine of $500 for a first-time offense will be added to any other sentences. For a second time offense, two days will be added to the jail sentence and an additional fine of $1,250 will be imposed. A third or higher offense results in a minimum addition of 90 days imprisonment and a $2,500 fine.
- The presence of children under 16. A first DUI offense with a child under 16 in the vehicle is considered a Class 6 felony. If there are any prior DUI offenses, the charge is upgraded to a Class 5 felony.
- Injuries and death. DUIs that result in injuries and death are always felonies. Any DUI charges that result in the death or injury of another person are upgraded if there are any DUI charges in the past 5 years.
In addition to jail time, fines, and community service, other restrictions can be levied for DUI charges.
Loss of License
A refusal to submit to testing automatically results in a one-year license suspension for the first refusal. Subsequent refusals result in two-year license suspensions. Driving while impaired by marijuana use can result in a license suspension of six months. Violating a probationary requirement, other than in an emergency, is also grounds for suspending a license, whether that restriction is an ignition interlock device or time restrictions.
Ignition Interlock Device
For DUI offenses after the first, an ignition interlock device is mandated in Indiana. Ignition interlocks require you to pass a breathalyzer test before you are allowed to start your car. The maximum BAC equivalent to pass this test is 0.02. If the court mandates an ignition interlock device, you are also required to pay a fee for its installation and maintenance. Tampering with an ignition interlock device, whether on your own or requesting someone else to do so, is a misdemeanor. If you need to change your vehicle for anything other than an emergency situation, you are required to notify the authorities prior to driving the vehicle. Driving a vehicle without an ignition interlock device is a higher-class misdemeanor than tampering with a device.
Substance Abuse Counseling and Treatment
For offenses after the second, people receiving DUI convictions are required to undergo a professional evaluation for substance abuse problems. If the professional considers it necessary, substance abuse counseling and treatment may be required by the judge. This requirement may be an additional stipulation, but it cannot be the only consequence, either individually or jointly. Additionally, any person convicted of a DUI offense might have to attend a safe driving class and demonstrate that he or she attended the class. A third DUI conviction requires the person to undergo a professional evaluation. Substance abuse counseling and treatment will likely be mandated after that.
Additional Fees
Additional fees are a potential consequence of any court ruling. For DUI convictions, the following fees may be levied:
- Court fees,
- Restitution,
- Counselling and treatment fees, and/or
- Ignition interlock device associated fees.
A DUI defense lawyer in Indianapolis will carefully review testing procedures, officer conduct, and chemical evidence to identify weaknesses in the prosecution’s case. The ideal resolution for a DUI case is that the charge will be considered invalid and all restrictions will be lifted.
Invalidating DUI Charges
Although some of the relief will come from the removal of restrictions, most of it should come from the fact that the DUI charge will no longer be on your record. Indiana does not keep records of invalidated DUI charges, so this event will not continue to follow you through life. The following circumstances can invalidate a DUI charge:
- Indiana DUI law requires officers to tell you that refusing chemical testing will result in the forfeiture of your license. They must then re-offer the test. Plus, they are required to log your refusals and this warning in a specific manner. If they do not log the refusals correctly or do not offer you the test a second time, you have legal grounds to contest the revocation of your license.
- Officers may also have difficulty distinguishing between alcohol-related symptoms of impairment and symptoms of stress, mechanical issues, or illness. Sometimes, police officers make mistakes and attribute bloodshot eyes to alcohol use when it could just be fatigue, or they see stressed hands trembling and assume it was because of drinking. Indiana requires all reports to be promptly submitted.
- For defendants under 21, make certain that any appropriately used medical treatments are noted. Indiana law does allow leeway in the no alcohol detected limitation for the appropriate use of oral medications, such as cough syrups. Cough syrups and cold medications often have an alcoholic base, which can give any tests a functional false-positive; although alcohol was in the driver’s system, it does not count as an illegal use of alcohol.
Even individuals over the age of 21 should say whether they are using these medications. It might not eliminate the charges, but it could introduce the element of reasonable doubt as to whether the BAC test was an accurate measure of impairment.
An experienced DUI attorney in Indianapolis can provide additional insights. For instance, All chemical testing is required to be performed by licensed personnel, whether it is by doctors, registered nurses, or registered technicians. For breathalyzer checks in Indiana, officers are required to be certified on the machine. Also, samples not taken immediately can be argued as invalid. If you did not contest the blood test, but sampling took a while, there is a possibility that your Indianapolis DUI attorney can get the results successfully dismissed. Tests administered over three hours after arrest are almost always considered invalid.
While the above circumstances may lead to a not-guilty verdict, not every case is going to have these conditions. Indiana law does not allow you to enter a plea for a “wet reckless,” but there can still be positive repercussions to not contesting a charge. Offering a plea of guilty means minimal sentencing is more likely, and in the case of later DUI offenses, prison time can be avoided or replaced with other sentencing options.
This can include the following outcomes:
- In the case of second and third DUI convictions, there is leeway in the sentencing requirements. Other alternatives include community service or greater fines. As the Indiana legal system is searching for ways to reduce the prison population, judges may favor these options.
- When multiple convictions for DUI occur over a relatively short periods of time, the alcohol or substance use may be a symptom of a deeper problem.
While treatment and counseling for substance abuse can never take the place of all punitive measures, they can be used as substitutes for some of them. Treatments help to solve the underlying and very real problem rather than simply punishing the symptoms.
Proper Procedures in OWI Testing
DUI law is a fairly straightforward practice, but there are still areas of uncertainty. With the seriousness of charges and their severe consequences, you need good legal counsel for the best outcome. At Eskew Law, we will take into account all possible sources of error and make certain that common mistakes on the part of court officers did not occur in your case.
One of the most important considerations is whether or not the officers and technicians handled the DUI testing process correctly. Many police officers have never received appropriate training in how to handle DUI cases, according to the most recent Indiana statutes. This is the fault of the training system rather than the officer, but an incorrectly processed case can help you avoid some of the penalties.
We will stay in close contact with you throughout this difficult time, and we will seek to get you the best future possible. Whether that means arguing for the invalidation of a first DUI charge, entering a “guilty” plea for a reduced sentence, or getting mental health and substance abuse counseling included to prevent another DUI charge in the future, we can help. No matter what happens during this time, you will never be left to fight by yourself. Call 317-699-4655 or contact us online to schedule an initial consultation with an Indianapolis DUI attorney.
