Notre Dame DUI Defense Lawyer

Protecting Your Driving Privileges

A DUI arrest can threaten your ability to drive. A Notre Dame DUI lawyer can represent you at Indiana BMV/DMV hearings and seek driving privileges if you qualify.

Strategic Defense in Your DUI Case

Every drunk driving case is different, and a strategic defense can significantly influence the outcome. Your DUI defense attorney will examine all evidence to uncover weaknesses in the prosecution’s case. Your lawyer may challenge the accuracy of field sobriety tests or argue that police officers did not follow protocol during your arrest.

At Rathburn Law Office, P.C., we are committed to serving our clients throughout Indiana. Call us at (463) 465-2401 today to learn how we can help.

What Is The BAC (Blood Alcohol Content) Limit In Indiana?

Driving under the influence is both illegal and dangerous. As in most states, Indiana has a legal level of alcohol consumption.

The blood alcohol content is considered an accurate way to measure one’s intoxication. .08% is considered the legal level of alcohol consumption in Indiana. However, people are different, and you may feel intoxicated with a lower BAC. Here is how one is considered legally drunk in Indiana:

•  Drivers below 21 years are considered legally drunk when their BAC measure is .02% or greater.
•  Commercial vehicle drivers are considered drunk when their blood alcohol level is .04% or more.
•  Non-commercial drivers aged 21 or older are considered drunk when their BAC is .08% or greater.

What Penalties Can I Face For A DWI/DUI In Indiana?

Your Indiana DUI penalties are significantly influenced by how you were charged for your DUI, your BAC, and whether you have a prior DUI charge in Indiana. Indiana DUIs can be charged as a misdemeanor or a felony DUI, depending on your case’s circumstances and facts. Here are the possible penalties you may face in Indiana for DUI:

• Restitution
• Community service
• House arrest
• Probation
• Drug and alcohol classes
• Ignition interlock device
• Court costs
• AA meetings

First OWI/DUI Offense

If it is your first time OWI offense, you will face a 90-days to two years driver’s license suspension and a fine of up to $5,000.

Repeat DUI and DWI Offenses

If this happens within five years of your first offense, it will result in jail time of at least five days to three years, a maximum of up to 2 years of license suspension, and $10,000 in fines.

• A third offense results in up to 2.5 years of license suspension, up to $10,000 in fines, and jail or prison time of 10days-3years. You may have to complete 360 hours of community service if found guilty.

A DUI can be a life-altering event that will affect your life for several years, and subsequent offenses often increase the consequences. Have you been charged with a DUI in Indiana? Call us (463) 465-2401 and let our Notre Dame DUI lawyers work to ensure your rights are fully protected at each stage of your case.

Can I Refuse A Breathalyzer Test In Notre Dame, Indiana?

When accepting your driver’s license, part of your agreement with the state is to comply with any chemical testing needed by law enforcement. By refusing to take a breathalyzer test, you automatically face a license suspension for a year by the BMV.

If you fail the test, you also face a penalty of license suspension of up to 60 days if it’s a class C misdemeanor, up to a year for a class A misdemeanor, and six months to two and a half years if it is a level 6 felony.

You should not take a DUI charge in Indiana lightly. When you face a DUI charge, get in touch with a Notre Dame DUI Defense lawyer, who will investigate your case thoroughly and help you establish what defenses you may have for your DUI charge. Once we establish those defenses, we will devise a legal strategy in your best interest. For the best results when facing a drunk driving charge, call (463) 465-2401 our drunk driving defense attorney as soon as possible.

Implied Consent Laws In Indiana

As long as a law enforcement officer has presumed cause to believe you are driving while intoxicated, Indiana has enforced an implied consent law requiring you to submit to chemical intoxication tests. These tests can either be blood or breath tests. You impliedly consent to submit to these tests when you drive on all public roads in Indiana. While you can refuse the test, an officer can get a search warrant for a chemical test.

Under Indiana law I.C.9-30-6, “an individual operating a vehicle consents to submit to the chemical test provision of this chapter as a condition of operating a vehicle in Indiana.”

What Is A Felony DWI/DUI In Indiana?

You will need our skilled Notre Dame DUI lawyers on your side if you are accused of OWI or DUI as a level 6 felony in Indiana. A felony DUI charge means you face potential house arrest, jail time, probation, or an extended license suspension. Our OWI defense lawyers in Notre Dame will fight for your rights and find defenses that can help minimize the potential penalties.

A felony DWI/DUI in Indiana includes:

Driving under the influence with a prior conviction

Depending on your case’s facts and circumstances, a DUI charge will typically be filed as a misdemeanor. However, if you have a prior DUI conviction as a misdemeanor in the first seven years before your new charges, your offense is considered a level 6 felony.

Getting convicted of a level 6 felony when you have a previous conviction demands that you stay in jail for a minimum of five days. If you have two or more convictions on your record, you will have to serve a minimum of ten days in jail. The court must suspend your driving privileges for a minimum of one year if you have a prior DUI conviction.

Driving while intoxicated with a minor in the vehicle

Your charge can be filed as a level 6 felony if you allegedly have been driving under the influence with a minor in your car. I.C 9-30-5 3(a)(2) states that you commit a level 6 felony if :

•  You are at least 21 years old
•  You violate section 1(b) or 2(b) of this chapter
•  You operated a vehicle in which at least one passenger was below 18 years
•  License suspension after conviction

Per Indiana law, the court can suspend your driver’s license for up to a period of possible incarceration when there is a conviction for a DUI. For instance, if you have been convicted of DUI as a level 6 felony, your license suspension can last up to 910 days, which is the maximum sentence for individuals with a level 6 felony.

If you have a conviction for DWI, the court must suspend your license for a minimum of 365 days. If you have several convictions for DUI, you should expect an extended suspension to be imposed. Although, if you were suspended at the beginning of your case, you might get credit for the suspension time, except if there was a refusal. If you qualify, the court may grant you specialized driving privileges.

Common Defenses In DUI Cases

A DUI charge can significantly impact your life, so fighting it is vital even if you think the law enforcement officer has proof your BAC surpassed the legal limit. There are multiple defenses in a DUI charge when you have a skilled lawyer. Do you want to beat a DUI charge in Indiana? Here are common effective defense strategies our lawyers might use in DUI cases:

Lack of Probable Cause for the Stop

Police must have reasonable suspicion or probable cause for DUI stops. Your Notre Dame DUI defense lawyer will carefully review the circumstances of your traffic stop to determine whether the police had a lawful reason to pull you over, such as a clear traffic violation.

When a stop is unlawful, any evidence gathered afterward may be suppressed, which can weaken the prosecution’s case.

Challenging the DUI Arrest

Even if the initial stop was valid, the arrest must also meet legal standards. Your DUI attorney will investigate whether the officer had enough evidence to believe you were impaired, whether proper procedures were followed, and whether your rights were respected. If the arrest was handled improperly, a DUI defense attorney can fight to have key evidence excluded or the charges dismissed.

Field Sobriety Tests Are Not Accurate

Field sobriety tests are subjective and often unreliable. Many factors, such as medical conditions, nervousness, uneven pavement, weather, or even footwear, can cause a person to perform poorly. A Notre Dame DUI lawyer can challenge the credibility of these tests and argue they are not adequate proof of impaired driving.

Questioning Breathalyzer Test Results

Police errors, improper procedures, machine malfunctions, or calibration issues can all lead to inaccurate readings on breathalyzer results. Your DUI defense lawyer will examine maintenance records, testing protocols, and officer training to uncover any mistakes. If the breath test is unreliable, your DUI attorney can argue that the results should not be used against you.

No Proof You Were Driving

In some cases, the prosecution cannot prove you were actually driving or in control of the vehicle. This often happens when a person is found in a parked or stopped car. A skilled DUI defense attorney can argue that simply being present in a vehicle does not equal driving under Indiana law.

Start Your Defense Today – Contact A Notre Dame DUI Lawyer To Schedule A Free Consultation

Getting a DUI charge can result in you going to jail, paying ridiculous fines, or losing your license. When you or a loved one are charged with a DUI/OWI, the best thing is to hire an experienced local DUI attorney to help you fight the charge. 

Our Rathburn Law Office, P.C. DUI lawyers are well versed with the law in Notre Dame, Indiana, and will offer you superior legal representation. Call us at (463) 465-2401 to discuss your case.