Indianapolis DUI Accident Lawyer
Indiana DUI and OWI Cases Involving Accidents
Penalties commonly include prison time as well as other consequences, such as having your license suspended or revoked.
In many instances, people are charged with driving under the influence when the surrounding circumstances do not warrant an accusation. As an example, a person may be pulled over for no probable cause and then be arrested for drunk driving. Someone might also be arrested for drunk driving without being read their Miranda rights. When these rights violations occur, a skilled Indianapolis OWI attorney can argue in court to have your case thrown.
Indiana Laws on DUI Accidents
In Indiana, driving under the influence is defined as operating any motorized vehicle with a blood alcohol content (BAC) above the legal limit of .08%. For commercial drivers, the legal limit is .04% and for those under the age of 21, the legal limit is .02%. Under the Operating While Intoxicated (OWI) law, the state of Indiana lists two separate crimes associated with driving under the influence. These are as follows:
- Driving under the influence as determined by the results of a BAC test given at the time of arrest
- Driving under the influence as determined by physical evidence of intoxication, such as swerving or driving recklessly
Separating the crime in this way is done because certain substances cannot be detected by a BAC test. If officers were not allowed to make arrests based on physical evidence alone, many people would get away with driving under the influence of prescription drugs, narcotics, and other substances.
In DUI cases, one aggravating factor is causing or being involved in an accident. An aggravating factor is any element in a case that makes the crime more serious. An accident may involve hitting a person, property, or another vehicle. This factor being present typically leads to harsher penalties.
Penalties for DUIs Involving Accidents in Indiana
While a typical DUI is classified as a misdemeanor, one involving an accident is automatically filed as a felony. Additionally, penalties for a DUI involving an accident can be split into two categories. The first is administrative suspension and involves a license suspension or revocation. The license suspension period for a first DUI involving an accident is between 2 and 5 years. This suspension period will likely be extended if you refuse a BAC test during your arrest.
The other penalty category involves time served in custody. Criminal sentencing for driving under the influence when an accident is involved includes, but is not limited to:
- Up to 8 years in state prison