December 7, 2023 | DUI
Driving in Indiana is a privilege that is regulated by the Indiana Motor Vehicle Code. These regulations dictate what you need to get a license and what actions will cause your license to be revoked.
One of the fastest ways to have your license revoked is to be arrested for driving under the influence (DUI). Indiana laws take driving drunk very seriously, and so should you. If you have been arrested for a DUI and have never been convicted of one previously, here are your options.
When you were first granted a driver’s license, it came with stipulations. One was that a police officer has the power to require you to take a blood, urine, or breath test if they suspect that you have been drinking and driving. You then have two options.
If you refuse a chemical test, the DMV will suspend your license for one year, regardless of whether you are eventually convicted of a DUI. This is an administrative suspension, and you may have your license suspended for even more time if you are convicted.
Alternatively, you can agree to the test. If the test shows that you are under the legal limit, the officer might still arrest you, but you can use your passed test as evidence in a trial. However, if you fail the test, that information will be used against you at trial, and you will receive an administrative suspension of your license for six months.
Regardless of why it happened, you can appeal an administrative suspension. During a hearing for the appeal, you will need to prove that the officer didn’t have enough cause to demand the test to get your license reinstated.
DUI penalties in Indiana are pretty steep. However, the penalties for a first-time offense are the lightest and can be mitigated if you have an experienced lawyer who understands the system. The maximum penalties for a first-time offense are as follows:
- Up to $5,000 in fines
- Up to one year in prison
- License suspension for up to two years
- Required completion of a substance abuse course or victim impact panel
However, just because those are the maximum penalties doesn’t mean you will be penalized that harshly. Typically, first-time offenders receive significantly lower penalties, even if they are convicted at trial and sentenced by a judge.
Few cases go to trial. Typically, an experienced lawyer will negotiate a plea deal that will result in much lower penalties. The most important part of any plea deal is avoiding imprisonment.
The other priority is to get you a probationary license. Under Indiana law, if your license is suspended, including through an administrative suspension, you must serve at least 30 days of that suspension. But after that, you can get a probationary license.
Your attorney will fight to get you a probationary license, probably by agreeing to let an ignition interlock device be installed on your car.
Contact the Indianapolis DUI Defense Attorneys at Suhre & Associates, LLC For Help Today
From the moment you are arrested, you are allowed to consult with an attorney before speaking to the police or making any decisions. You should insist on this as soon as possible. You have tough decisions ahead of you, and they will have a significant effect on your future.
give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates, LLC – Indianapolis
101 W Ohio St #2000
Indianapolis, In 46204