DUI / OWI / OWVI Charges
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You need an attorney who will vigilantly fight for your freedom when all cards are stacked against you: the defendant.
Contact The Law Office of Jerry L. Garner today to begin the battle.
DUI Lawyer in Indiana
Experienced DUI Defense Lawyer Serving Evansville, Newburgh, Boonville, Tell City, Rockport, Santa Claus, and Nearby Communities.
Being charged with a DUI in Indiana can have serious and lasting consequences. A conviction can result in hefty fines, license suspension, increased insurance rates, and even jail time. Indiana has strict laws against driving under the influence, and prosecutors aggressively pursue convictions. If you are facing DUI charges, having an experienced attorney on your side is crucial to protecting your rights and minimizing the impact on your life. Jerry L. Garner has successfully defended numerous clients against DUI charges and understands the complexities of Indiana's legal system.
No two DUI cases are the same, and every detail matters. Factors such as your blood alcohol concentration (BAC), the accuracy of field sobriety tests, police procedures, and even medical conditions can all play a role in your defense. Law enforcement officers sometimes make mistakes, such as improper breathalyzer calibration or unlawful traffic stops, which could lead to reduced charges or a case dismissal. An experienced DUI attorney will thoroughly analyze the details of your arrest and identify any weaknesses in the prosecution’s case.
Indiana's DUI laws include harsh penalties, especially for repeat offenses, high BAC levels, or cases involving accidents. Repeat offenders are exposed to jail time and longer license suspensions. A skilled DUI lawyer understands the available legal options and will work to achieve the best possible outcome, whether that means negotiating a plea deal, securing a reduced sentence, or fighting for a full acquittal. Jerry L. Garner provides dedicated representation to help clients navigate the complexities of DUI defense.
If you have been charged with DUI, acting quickly is essential. The legal process moves fast, and missing deadlines for administrative hearings or court filings can make your situation worse. A strong defense begins with an experienced Indiana DUI attorney who will fight to protect your rights and challenge the evidence against you. Contact our firm today for a consultation and take the first step toward building your defense.
Give us a call at (812) 301-6221 or contact us online today to discuss your DUI charge and learn how we can help you.
A DUI charge in Indiana, legally referred to as Operating While Intoxicated (OWI), is a serious offense with significant legal consequences. Under Indiana DUI laws, a driver is considered legally impaired if their Blood Alcohol Concentration (BAC) is 0.08% or higher. However, even a lower BAC can lead to an OWI charge if law enforcement determines the driver is impaired. Penalties for a DUI conviction can include license suspension, heavy fines, mandatory alcohol education programs, and even jail time, depending on the severity of the offense.
Indiana imposes harsh penalties for repeat DUI offenders and aggravated circumstances, such as having a BAC of 0.15% or higher, causing injury while driving under the influence, or having a minor in the vehicle. First-time offenders may face misdemeanor charges, but subsequent offenses or aggravating factors can elevate the charge to a felony DUI, which carries long-term consequences, including prison time and a permanent criminal record. Additionally, Indiana has an implied consent law, meaning that refusing a breath or blood test can result in an automatic license suspension.
If you've been charged with a DUI in Indiana, it is crucial to seek experienced legal representation to protect your rights and minimize penalties. A skilled Indiana DUI defense attorney can examine the circumstances of your arrest, challenge the validity of sobriety tests, and negotiate for reduced charges or alternative sentencing. With the right legal strategy, you may be able to avoid harsh consequences and work toward restoring your driving privileges. If you are facing DUI charges, contact a trusted DUI lawyer in Indiana today to discuss your options.
Frequently Asked Questions (FAQ) – DUI / OWI / OVWI Laws in Indiana
What is the difference between DUI OWI and OVWI in Indiana?
In Indiana, DUI, OWI, and OVWI are often used interchangeably, but legally, the correct term is Operating a Vehicle While Intoxicated (OVWI) or Operating While Intoxicated (OWI). Here’s a breakdown of the differences:
DUI (Driving Under the Influence): While commonly used in other states, Indiana law does not officially use "DUI." However, people often use it informally to refer to drunk or drugged driving.
OWI (Operating While Intoxicated): This is the term used in Indiana law for impaired driving. It includes both alcohol and drug impairment.
OVWI (Operating a Vehicle While Intoxicated): This is essentially the same as OWI, but Indiana law sometimes uses "OVWI" to clarify that the law applies to any "vehicle," not just traditional cars or trucks.
What is the legal blood alcohol concentration (BAC) limit in Indiana?
In Indiana, the legal BAC limit is 0.08% for drivers over 21. Commercial drivers have a lower limit of 0.04%, and drivers under 21 face stricter limits at 0.02%. Exceeding these limits can result in DUI charges.
What are the penalties for a first-time DUI offense in Indiana?
A first-time DUI offense in Indiana may lead to up to one year in jail, fines up to $5,000, a license suspension of up to two years, and mandatory alcohol education or treatment programs.
Can I refuse a breathalyzer test in Indiana?
Indiana has an implied consent law, meaning that refusing a breathalyzer test can result in an automatic license suspension of up to two years, even if you are not convicted of DUI.
How long does a DUI stay on my record in Indiana?
A DUI conviction stays on your driving record for life in Indiana. However, depending on the circumstances, you may be able to seek expungement after a certain period.
Will I lose my license if I get a DUI in Indiana?
Yes, a DUI conviction typically results in a license suspension. The length of suspension depends on prior offenses, BAC level, and whether you refused a chemical test.
Can a DUI be reduced or dismissed in Indiana?
In some cases, DUI charges can be reduced to reckless driving or dismissed if there are procedural errors, lack of evidence, or violations of your rights. An experienced DUI attorney can assess your case and explore legal defenses.
How can an attorney help with my DUI case?
A DUI lawyer can challenge evidence, negotiate plea deals, argue for reduced penalties, and represent you in court to minimize the impact of a DUI charge on your life.
Do I need an attorney for a first-time DUI in Indiana?
While not required, hiring an attorney is highly recommended. Even a first-time DUI can have severe consequences, and legal representation can help protect your rights and explore possible defenses.
How much does a DUI attorney cost in Indiana?
The cost of a DUI attorney in Indiana varies based on experience, case complexity, and trial requirements. Lawyers typically offer free consultations to discuss your case before making a decision.
What should I do immediately after a DUI arrest?
Stay calm, avoid making self-incriminating statements, comply with law enforcement, and contact a DUI attorney as soon as possible to discuss your options and begin building a defense.
Why We Are Right For You
Experience
With over 36 years of combined experience as a lawyer and former FBI Special Agent, attorney Jerry Garner brings a unique perspective, having served on both sides of the law where others have not.
Communication
We are dedicated to keeping you informed every step of the way. From the initial consultation to the resolution of your case, we prioritize clear and open communication. Our goal is to ensure you fully understand your rights, options, and the progress of your case, providing you with the confidence and support you need throughout the legal process.
Results
With a proven track record of achieving favorable outcomes, we are dedicated to resolving cases in our clients' best interests. Our commitment to excellence ensures that each case is handled with strategic precision and unwavering advocacy.
“I am not a “high volume” (large caseload) type of criminal defense attorney. I select criminal cases that are particularly interesting to me. And I especially prefer those cases where the accused appears to have suffered an injustice. I am very passionate about protecting the legal rights of my clients…and forcing the all-powerful government to prove its “case” - fairly, and beyond a reasonable doubt. This requires hard work, a lot of time, and effective communication with my clients. I carefully research and investigate the legal and factual issues existing in my cases. My 23 years of FBI Special Agent training and experience greatly assist me in my case-related analysis. I am prepared and committed to represent the accused in serious, complicated criminal cases.”