When you’re arrested for drunk driving, it’s usually because a blood or breath test revealed that you had a BAC of.08 percent or above and.02 percent if you’re under 21. Even if your blood or breath test revealed a BAC of less than.08 percent, you could be detained and charged if there is convincing evidence that your driving was impaired because you were under the effect of alcohol or drugs.
The phrase “operating a vehicle while intoxicated” is used in Indiana law for drunk driving, law enforcement and legal professionals may refer to drunk driving charges as “OWI” or “OVWI.”
If you do end up wasting time in jail following your arrest and are then convicted of DUI, the judge may punish you to “time served.” This means that the court will add the time you spent in jail following your arrest to your criminal sentence. Depending on the situation of your case, you may be sentenced to more extended time in jail or prison.
Like most states, Indiana makes incarceration mandatory for repeat offenders, with sentences lasting more than a few days. Additionally, if your DUI case has aggravating circumstances, the penalties may be increased.
You will be granted a ticket or a summons at the moment of your arrest, which will specify the date you must appear in court to face accusations of driving under the influence. It might be humiliating for some drivers to have to appear in public to address drunk driving allegations.
Although many jurisdictions have legislation establishing minimum and maximum fines for drunk driving, those penalties can be increased in certain instances. You’ll notice that until drunk driving becomes a felony, a required minimum jail or prison sentence does not exist. This implies that in many DUI cases, a criminal defense lawyer may keep their client out of jail even if a client is convicted. Instead of incarceration, a court may impose a sentence that includes community service, probation, fines, and restitution.
A skilled DUI or DWI defense attorney who will fight for your rights is both necessary and deserved for you. Finding knowledgeable attorneys like Baldwin, Perry & Kamish, P.C, who are familiar with the appropriate laws and can guide you through the legal process, is the most critical thing you can do for yourself. For more information, click here.