Navigating the legal system is an overwhelming experience for most people. When facing a felony DUI charge in Indianapolis, IN, it’s crucial to have expert guidance. Having a skilled Indianapolis felony DUI defense attorney by your side can make all the difference in the outcome of your case.
If you’ve been arrested for driving under the influence in Indianapolis, Indiana, contact us at Suhre & Associates to schedule a free consultation with an Indianapolis felony DUI defense attorney (317) 759-2599.
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How Suhre & Associates Can Help If You’re Arrested for Felony DUI
If you’ve been arrested for a DUI in Indianapolis, IN, we’re here for you. Our legal team at Suhre & Associates, LLC has over a century of combined experience in criminal law. We have former police officers and prosecutors on our team, each of whom give us an edge in defending our clients.
When you hire our Indianapolis DUI lawyers, here’s what we’ll do:
- We will review all evidence related to the case, including police reports and witness statements.
- We will consult with experts – medical professionals or accident reconstruction specialists – if applicable.
- We will negotiate with the prosecutor to determine if there’s a way to reduce charges or mitigate potential consequences.
- We will represent you at trial should your case go to court
For help after a felony DUI arrest in Indianapolis, Indiana, contact Suhre & Associates to schedule a free consultation.
Overview of Felony DUI in Indiana
It’s essential for drivers in Indiana to understand the state’s DUI laws to avoid potential legal issues.
Indiana laws prohibit all motorists from:
- Operating a vehicle with a blood alcohol concentration (BAC) of .08% or more;
- Driving with any amount of a schedule I or II controlled substance in their system; and
- Operating a vehicle while impaired by drugs or alcohol – even if your BAC is under .08%.
Violations can result in a DUI/OVI charge.
What Are the Penalties For Felony DUI in Indianapolis, Indiana?
Being convicted of a DUI can have serious consequences, and they increase with each conviction.
Level 6 Felony DUI:
While a misdemeanor DUI charge is already a serious matter, the severity increases dramatically when it escalates to a level 6 felony. Here are the circumstances where a DUI may become a level 6 felony:
- Causing injury or death while driving under the influence; or
- Driving while intoxicated with a minor in the vehicle; or
- Having a prior DUI conviction within the past five years.
If charged with a level 6 felony DUI, potential penalties include:
- Jail time up to 2.5 years
- Fines up to $10,000
Level 5 Felony
A Level 5 felony DUI can be charged if:
- You cause death while DUI; or
- There is a prior DUI conviction within the last five years involving death or serious injury; or
- There is a prior DUI conviction within the last five years and the current one involves serious injury to another.
The penalties for Level 5 felonies include:
- One to six years in prison
- Fines up to $10,000
Level 4 Felony: The Most Serious DUI Offense
Finally, a DUI may be charged as a level 4 felony if it results in the death of another, and certain conditions are met, such as:
- Having a prior DUI charge within 10 years
- Having a suspended license for a prior DUI or being a habitual traffic offender
- Having a Blood Alcohol Content (BAC) of 0.15% or higher
Penalties for a Level 4 felony offense include:
- 2 to 12 years in prison
- Up to $10,000 in fines
Importantly, each injured or killed person is considered a separate offense, potentially leading to even more severe cumulative penalties.
What Defenses Can Be Raised If I’m Accused of Felony DUI?
The following are some defenses that can be raised in a DUI case:
Challenging the Initial Traffic Stop
One of the first things an experienced Indianapolis DUI defense attorney will look at is whether or not the traffic stop was legal. Law enforcement needs to have probable cause or reasonable suspicion of criminal activity to pull you over.
If your defense attorney can prove that the reason for stopping you was not legally justified, it could lead to suppression of evidence and possibly even dismissal of your case.
Challenging the Chemical Test
If you took a breath, blood, or urine test to determine your blood alcohol concentration (BAC), there could be issues with the equipment used, the technician administering the test, or the chain of custody for samples. Your defense attorney will investigate these factors to determine if your chemical test results were flawed, which could help cast doubt on your guilt.
Medical Conditions and Other Explanations
Certain medical conditions, such as acid reflux, diabetes, and auto-brewery syndrome, can result in false positives during chemical testing. These factors should be investigated and presented as a possible defense.
Violation of your constitutional rights
During a DUI arrest, law enforcement officers are required to follow procedures that protect your constitutional rights. If these rights are violated, any evidence gathered against you may be deemed inadmissible in court. Common violations include failure to properly read Miranda warnings before an interrogation.
Schedule a Free Case Evaluation With Our Indianapolis Felony DUI Defense Attorney
Being charged with a felony DUI in Indianapolis is a serious matter with potentially life-altering consequences. However, with the right Indianapolis felony DUI defense attorney on your side, you can ensure that your rights are protected. Contact Suhre & Associates to schedule a free consultation.