If you have been arrested on DUI/OWI charges, the legal team at The MacNeil Firm is here to provide a strong Indiana DUI defense. Drunk driving, or operating while intoxicated (OWI), is a criminal charge in the state of Indiana. OWI Indiana law says any substance that hinders a driver’s cognitive ability to control the vehicle and drive safely, namely alcohol or mind-altering drugs, is considered OWI.
The MacNeil Firm of attorneys specializes in DUI/OWI defense for all types of charges including first offenses, repeat offenses, and all license issues. We will fight to either reinstate your license or to prevent it from being revoked, and we even handle all types of traffic violations. Our Indiana DUI defense attorneys understand the unique distinctions of Indiana DUI laws. This knowledge is crucial for mounting a well-prepared defense of your rights.
Indiana DUI/OWI Laws
Although DUI and OWI refer to the same offense, Indiana authorities prefer the OWI (operating while intoxicated). Drivers facing OWI charges should consult an experienced attorney for Indiana DUI defense. No matter the name used for the offense, the penalties are considerable. Drivers who have consumed alcohol with will need help avoiding the penalties.
Indiana law considers drivers to be intoxicated if their blood alcohol concentration (BAC) levels are equal to 0.08 or above, meaning that 0.08% of the bloodstream is composed of alcohol. The state of Indiana requires that commercial drivers maintain a BAC under 0.04 and that driver under 21 years old maintain a BAC under 0.02. Penalties for drivers who have a 0.15 percent or above are serious and result in a charge.
Indiana Code (IC) 9-30-5 states the misdemeanors and penalties that come with different levels of BAC. Other factors may increase the severity of the charges. For example, injuries sustained, damages, amount and age of passengers, and times previous charges contribute to the severity of penalties the defendant has to face.
A driver can get an OWI if any amount of a schedule I or II controlled substance is in the driver’s system or you are found to have a BAC of .08 or higher. Schedule I drugs are substances that are not used medicinally and can be abused. Examples include marijuana, heroin, ecstasy, and methaqualone. Schedule II drugs have high potential of abuse that oftentimes lead to psychological or physical dependence. Cocaine, methamphetamine, fentanyl, and Adderall are some examples.
The penalties for OWI and DUI are the same in Indiana. They include license suspensions, fines, and even time in jail. The preliminary offense is a misdemeanor. In case of aggravating factors, it can turn into a felony.
Penalties for DUI/OWI in Indiana
The penalties for a DUI/OWI will depend on whether it’s a first-time arrest, your age, and whether there were any injuries or deaths connected to the crime. A first offense could result in jail up to 1 year, $500 to $5000 in penalties and other fines, and your license suspended for up to 2 years. A second offense could result in 5 days to 3 years in jail, $10,000 in fines and penalties, and your license suspended for at least 180 days up to 2 years. A third offense can result in 10 days to 3 years in jail, up to $10,000 in fines and penalties, and at least 1 year in jail up to 10 years.
Our attorneys will provide a strong Indiana DUI Defense for you
It is important to hire an experienced attorney who understands how to navigate within the criminal arena and mount a strong Indiana DUI defense. You want and attorney who understands that one bad decision doesn’t have to define you. The MacNeil Firm is here to help and will pursue all avenues to get you the best outcome possible.
Some of our Indiana DUI defense services include:
- DUI, DWI, and OUI
- 1st DUI offenses
- 2nd DUI offenses
- Repeat DUI offenses
- License suspension
- License reinstatement
- Traffic violations
The attorneys of The MacNeil Firm are licensed to represent clients facing DUI/OWI charges in Indiana. We serve people both Porter County, IN and Lake County, IN. Contact us today for a free consultation.