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Arrested for DUI / OVWI in Indianapolis?

CALL NOW 317-632-3642

Introduction to DUI / OVWI In Indianapolis 

Indianapolis, the capital of Indiana, is located in Marion County. With a population exceeding 882,039, it is no surprise that thousands of DUIs are charged each year in Marion County. Every criminal court judge in Indianapolis has presided over a DUI case involving death and as such the crime of DUI is treated seriously in Marion. If you or someone you know has been charged with DUI in Indianapolis, keep reading for more information and find out how the Marc Lopez Law Firm can help you.

“Zac, Marc and staff are excellent.  They work for you.  They have been patient and understanding.  They have been a blessing for me in a very difficult time in my life.” – SY

DUI Charges: The Basics

What must the State of Indiana prove in order to obtain a DUI conviction? Indiana Code § 9-30-5-1 is the start of finding out the different levels of charges that can be brought depending on the circumstances. Essentially, the most basic DUI charge in Indiana is a Class C misdemeanor, punishable by up to 60 days in jail and/or up to a $500 fine. This charge does not require a blood alcohol content marker. Indiana Code § 9-30-5-1 states as follows:

“(a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per:

(1) one hundred (100) milliliters of the person’s blood; or

(2) two hundred ten (210) liters of the person’s breath;

commits a Class C misdemeanor.

(b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:

(1) one hundred (100) milliliters of the person’s blood; or

(2) two hundred ten (210) liters of the person’s breath;

commits a Class A misdemeanor.

(c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s blood commits a Class C misdemeanor.”

Marion County’s Community Justice Center, located in downtown Indianapolis.

Essentially the state must prove four separate elements in order to convict someone of a DUI:  

 1) you (the defendant)

 2) were operating a vehicle 

 3) while

 4) intoxicated. 

In Indiana, “operate” is defined in Indiana Code § 9-13-2-117.5 as, 

“‘Operate’ means to navigate or otherwise be in actual physical control of a vehicle, watercraft, off-road vehicle, or snowmobile.”

In Indiana, the legal definition of “intoxicated” is found in Indiana Code § 9-13-2-86 which states;

‘Intoxicated’ means under the influence of:

(1) alcohol;

(2) a controlled substance (as defined in IC 35-48-1);

(3) a drug other than alcohol or a controlled substance;

(4) a substance described in IC 35-46-6-2 or IC 35-46-6-3;

(5) a combination of substances described in subdivisions (1) through (4); or

(6) any other substance, not including food and food ingredients (as defined in IC 6-2.5-1-20), tobacco (as defined in IC 6-2.5-1-28), or a dietary supplement (as defined in IC 6-2.5-1-16);

so that there is an impaired condition of thought and action and the loss of normal control of a person’s faculties.”

For intoxication, essentially, the prosecutor only needs to show that an impairment of normal faculties, thought process or movement occurred while in operation of a motor vehicle. This is the basis of the standardized field sobriety test that is often seen on film and experienced by the thousands of people charged with DUI each and every year in Indiana. The standardized field sobriety tests were never designed to determine if a person was intoxicated but only if that person’s blood alcohol content was .08 or greater. Slowly but surely, many courts, including Indiana, have allowed the standardized field sobriety tests to be used by a judge and jury to determine if a person was intoxicated. 

“We’ve used this law firm twice now for my family. They’re quick to reply to any questions you have and will do everything they can for you and your family!” – Jean B.

Marion County Courthouse address: 675 Justice Way, Indianapolis, IN 46203

DUI Charges: Beyond the Basics

Beyond the basic charge of a Class C Misdemeanor, DUI charges can quickly become much more serious. There are a few ways things can quickly escalate, five of the most typical include: (1) multiple DUIs, (2) DUI involving a minor as a passenger in the car, (3) DUI involving an accident, (4) DUI involving an accident causing injury to another person, (5) DUI causing the death of another person(s).

Multiple DUIs

If charges for a second DUI have been brought within seven years of the first DUI, it is automatically a felony charge in Indiana. Timing works from the date of conviction for the first DUI offense. Therefore, if you are facing a second DUI within seven years of the date of conviction for the first DUI, there will be felony charges. This carries a Level 6 felony which is punishable by up to two and a half years in jail and/or a $10,000 fine. Many judges view someone who has multiple DUIs as someone who has not learned their lesson from the first DUI and tend to treat repeat offenders much more harshly that first time offenders

DUIs – Passenger Under 18

Another factor which escalates a DUI into felony charges is when a child or a passenger under the age of 18 is present in the car. Even on a first time DUI offense, in this situation a Level 6 felony charge is punishable by up to 2 ½ years in jail and or a $10,000 fine. If you’re alleged to have put a child in danger, you could also be charged with “neglect of a child” which is also a Level 6 felony. “Neglect of a child” is defined in the Indiana Code § 35-46-1-4(a)(1) as,

“(a) A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally:

  1. Places the dependent in a situation that endangers the dependent’s life or health;” 

Further, if the child suffered any “bodily injury,” the charges can be increased to a Level 5 felony which is punishable by up to six years in prison and/or a $10,000 fine. The state of Indiana defines “bodily injury” in the Indiana Code § 35-31.5-2-29 as, “any impairment of physical condition, including physical pain.” Many judges and prosecutors treat a DUI with a child in the car very harshly. Even if it is a person’s first time experiencing a DUI, if there is a child or passenger under the age of 18 present, these cases can become very serious very quickly. Although the penalties faced can vary, the facts are that if a minor was in the car at the time of the DUI, a felony charge is on the table.

DUIs involving an accident

When a DUI involves an accident, it is treated as a serious matter. If the accident in question involves only yourself and your vehicle, it still can be charged as a misdemeanor, however, both judges and prosecutors do not  take accidents caused by DUIs lightly. 

If the accident involves another vehicle and/or causes injury to another person, the charges can quickly be increased to a felony. Even on a first time DUI charge, if the other person was injured, the charges can be raised to a Level 5 felony which is punishable by up to six years in jail and/or a $10,000 fine. The gravity of the charges will typically be based on the severity of the injuries.

“I would like to commend Anthony, Matt, Cassie and the rest of the team members who assisted in resolving my case. Their communication throughout the process was clear and concise, which greatly facilitated our understanding of the legal proceedings. Moreover, their professionalism and dedication in handling the case resulted in a successful outcome. I am grateful for their expertise and the excellent job they did in representing my best interest. I highly recommend Marc Lopez Law Firm.” – Chaizor A.

 

Blood Alcohol Levels and Charges

When you have a blood alcohol content (BAC) of .08 or higher, you are considered legally impaired in Indiana. Your BAC can be tested by breath or blood depending on the circumstances of the arrest for DUI. This is what’s called the “per se DUI” where the State of Indiana is allowed to tell the jury and judge that a person was intoxicated. This is a rebuttable presumption, meaning a defendant can attempt to prove this is not true.

A BAC of .08 is considered a Class C misdemeanor and is a separate and distinct charge from intoxication. So, theoretically someone could be guilty of a DUI with a BAC of .08, but not be intoxicated. The statute for a BAC level of .08 is found in the Indiana Code § 9-30-5-1(a) which states,

(a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per:

(1) one hundred (100) milliliters of the person’s blood; or

(2) two hundred ten (210) liters of the person’s breath;

commits a Class C misdemeanor.”

A BAC of .15 is considered a Class A misdemeanor and is a separate and distinct charge from intoxication. The statute for a BAC level of .08 is found in the Indiana Code § 9-30-5-1(b) which states,

(b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:

(1) one hundred (100) milliliters of the person’s blood; or

(2) two hundred ten (210) liters of the person’s breath;

commits a Class A misdemeanor.”

When the BAC is .15 or greater, the seriousness of the offense and penalties increases significantly. An A misdemeanor jumps to a 365 day penalty time in jail. Many judges and prosecutors view a BAC level of .15 with a serious weight because it’s nearly twice the legal limit. At that point, there’s very little question as to whether or not a person should be driving, at least in the eyes of the prosecutor and judge. So while only a few drinks might put someone at a BAC of .08, it usually requires multiple drinks to put someone at a .15 or greater.

Drug Metabolites

In Indiana, it is possible to be charged with a DUI with zero or low alcohol in your blood, but instead have the presence of a controlled substance, such as marijuana as an active or inactive metabolite in your blood. Indiana is one of the last handful of states that will charge you for a DUI if a person only has inactive THC metabolite in their blood – inactive meaning that you were not high or otherwise intoxicated. Unfortunately, although science may say that metabolites will not affect your driving, in the eyes of the prosecutors and the law, it is still considered a DUI in Indiana. 

It is unfair, unfortunately, that the state of Indiana has not caught up with the latest science. Many states are ruling that metabolites present in the blood do not cause a similar level of impairment as a BAC of .08 or greater. Indiana Code § 9-30-5-1(c) goes over the presence of controlled substances in the blood in relation to DUI charges.

“(c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s blood commits a Class C misdemeanor.”

“Zach Richey and the staff at Marc Lopez law firm did an excellent job of handling my dui case! I was quite nervous about the way things could have gone, but the case was resolved with an outcome that was better than I could have expected!

Zach was great and he really goes up to bat for his clients!” – Karl W.

 

Effects on Drivers License

Depending on circumstances surrounding the Indianapolis DUI, the effect on an individual’s driver’s license can vary. So how does a DUI affect your license? If the offense is a Class C misdemeanor with a maximum penalty of 60 days in jail, the maximum penalty for license suspension is 60 days. If the offense is a Class A misdemeanor because of endangerment or high BAC, the maximum penalty is 365 days. If it’s a person’s second DUI and the charge is a misdemeanor the minimum is 365 days. If however, the second DUI is a felony due to multiple DUIs within seven years, the minimum penalty for license suspension is one year with the maximum penalty being 2 ½ years. If a person is facing a Level 5 or Level 4 felony, the maximum penalty would correlate with the maximum jail sentence. These minimum and maximums assume that the officer is not alleging you refused the chemical test.

Specialized Driving Privileges

In theory, most DUI defendants in Indianapolis are eligible for specialized driving privileges. There is a mechanism under the law that exists to allow a person to drive while their DUI case is pending. Typically, specialized driving privileges allow a person charged with a DUI to drive to and from work and other life’s necessities. 

A judge does have to sign off on the specialized driving privileges, and just because this law exists does not mean that every judge will allow a person to drive. Driving during a DUI case is something you can request, but not something you can demand. In Indianapolis and across the State, driving is regarded as a privilege and no one has an absolute right to get behind the wheel. 

There is a legal argument that if a BAC level via blood or breath is not available, and the person did not refuse a chemical test, then the State of Indiana should not suspend a driver’s license. In my opinion, this is the correct version of the law. However, there are a significant number of judges that believe simply being arrested for a DUI should result in a driver license suspension. In the case of specialized driving privileges, we are assuming the person did not refuse the chemical test, either blood or breath. If a person refuses a chemical test then by law that person is not eligible for specialized driving privileges.  

“I highly recommend Marc Lopez, an excellent attorney. Received a good plea deal on a fifth DUI. Would recommend them for any case. Zach Richey represented me. He really came through for me.. A special thanks to Erica, Sofi and Anthony. They did an awesome job too.” – Alan V.

Should I Get a Lawyer?

You may be wondering, is it worth getting a lawyer for a DUI? The answer, ABSOLUTELY! Obtaining legal counsel for a DUI, even if it’s your first offense, sends a powerful message to the court and the prosecutors. It ensures that they understand you are taking this seriously. More importantly, when you hire a lawyer from the start, it allows you to receive legal counsel throughout the whole process. 

There are so many things that people charged with a DUI need to be doing, even before their first court date. Hiring an Indianapolis attorney who’s familiar with Marion County judges and prosecutors is crucial. An experienced Indianapolis DUI attorney can help make the case that you are not a dangerous criminal, but rather someone who may have made a mistake. If you are facing felony DUI charges in Indiana, it is even more vital to hire legal counsel as the punishment is typically much more serious. 

The Marc Lopez Law Firm Difference

At the Marc Lopez Law Firm, as soon as you hire us to represent you we start to work on your case by creating a checklist of everything that needs to get done before that first court date. We do this to increase the chances of getting your driver’s license back, increase the chances of not being blindsided by the prosecution, and ensuring the best defense strategy for your case. 

The attorneys at Marc Lopez Law have attended numerous training sessions—in Indianapolis and across the country—on the science methods behind attacking blood and breath tests. Beyond just the blood and breath tests, our attorneys are skilled at going after the officer’s training, whether the person was Mirandized correctly, etc. There are so many little things that we can try and attack to reduce charges and minimize the punishment.

Make the Right Call

If you or a loved one find yourself facing DUI/ OVWI charges in Indianapolis, you need an experienced Indiana criminal lawyer to represent your interests. The Marc Lopez Law Firm handles cases like these every day. Give us a call at 317-632-3642 and remember—always plead the 5th!

“I can’t begin to describe how thankful I am for my TEAM of lawyers at Lopez law firm… I say team because they had multiple people helping with my case. An absolute blessing. With felonies and a 2nd OWI they got me the deal one could only pray for. Highly recommend to anybody fighting a case in Indiana. Big thanks to all the staff and lawyers who had a hand in my legislation…” – Joe L.

 

Arrested for DUI / OVWI in Indianapolis?

CALL NOW 317-632-3642

Introduction to DUI / OVWI In Indianapolis 

Indianapolis, the capital of Indiana, is located in Marion County. With a population exceeding 882,039, it is no surprise that thousands of DUIs are charged each year in Marion County. Every criminal court judge in Indianapolis has presided over a DUI case involving death and as such the crime of DUI is treated seriously in Marion. If you or someone you know has been charged with DUI in Indianapolis, keep reading for more information and find out how the Marc Lopez Law Firm can help you.

“Zac, Marc and staff are excellent.  They work for you.  They have been patient and understanding.  They have been a blessing for me in a very difficult time in my life.” – SY

Marion County’s Community Justice Center, located in downtown Indianapolis.

DUI Charges: The Basics

What must the State of Indiana prove in order to obtain a DUI conviction? Indiana Code § 9-30-5-1 is the start of finding out the different levels of charges that can be brought depending on the circumstances. Essentially, the most basic DUI charge in Indiana is a Class C misdemeanor, punishable by up to 60 days in jail and/or up to a $500 fine. This charge does not require a blood alcohol content marker. Indiana Code § 9-30-5-1 states as follows:

“(a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per:

(1) one hundred (100) milliliters of the person’s blood; or

(2) two hundred ten (210) liters of the person’s breath;

commits a Class C misdemeanor.

(b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:

(1) one hundred (100) milliliters of the person’s blood; or

(2) two hundred ten (210) liters of the person’s breath;

commits a Class A misdemeanor.

(c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s blood commits a Class C misdemeanor.”

Essentially the state must prove four separate elements in order to convict someone of a DUI:  

 1) you (the defendant)

 2) were operating a vehicle 

 3) while

 4) intoxicated. 

In Indiana, “operate” is defined in Indiana Code § 9-13-2-117.5 as, 

“‘Operate’ means to navigate or otherwise be in actual physical control of a vehicle, watercraft, off-road vehicle, or snowmobile.”

In Indiana, the legal definition of “intoxicated” is found in Indiana Code § 9-13-2-86 which states;

‘Intoxicated’ means under the influence of:

(1) alcohol;

(2) a controlled substance (as defined in IC 35-48-1);

(3) a drug other than alcohol or a controlled substance;

(4) a substance described in IC 35-46-6-2 or IC 35-46-6-3;

(5) a combination of substances described in subdivisions (1) through (4); or

(6) any other substance, not including food and food ingredients (as defined in IC 6-2.5-1-20), tobacco (as defined in IC 6-2.5-1-28), or a dietary supplement (as defined in IC 6-2.5-1-16);

so that there is an impaired condition of thought and action and the loss of normal control of a person’s faculties.”

For intoxication, essentially, the prosecutor only needs to show that an impairment of normal faculties, thought process or movement occurred while in operation of a motor vehicle. This is the basis of the standardized field sobriety test that is often seen on film and experienced by the thousands of people charged with DUI each and every year in Indiana. The standardized field sobriety tests were never designed to determine if a person was intoxicated but only if that person’s blood alcohol content was .08 or greater. Slowly but surely, many courts, including Indiana, have allowed the standardized field sobriety tests to be used by a judge and jury to determine if a person was intoxicated. 

“We’ve used this law firm twice now for my family. They’re quick to reply to any questions you have and will do everything they can for you and your family!” – Jean B.

Marion County Courthouse address: 675 Justice Way, Indianapolis, IN 46203

DUI Charges: Beyond the Basics

Beyond the basic charge of a Class C Misdemeanor, DUI charges can quickly become much more serious. There are a few ways things can quickly escalate, five of the most typical include: (1) multiple DUIs, (2) DUI involving a minor as a passenger in the car, (3) DUI involving an accident, (4) DUI involving an accident causing injury to another person, (5) DUI causing the death of another person(s).

Multiple DUIs

If charges for a second DUI have been brought within seven years of the first DUI, it is automatically a felony charge in Indiana. Timing works from the date of conviction for the first DUI offense. Therefore, if you are facing a second DUI within seven years of the date of conviction for the first DUI, there will be felony charges. This carries a Level 6 felony which is punishable by up to two and a half years in jail and/or a $10,000 fine. Many judges view someone who has multiple DUIs as someone who has not learned their lesson from the first DUI and tend to treat repeat offenders much more harshly that first time offenders

DUIs – Passenger Under 18

Another factor which escalates a DUI into felony charges is when a child or a passenger under the age of 18 is present in the car. Even on a first time DUI offense, in this situation a Level 6 felony charge is punishable by up to 2 ½ years in jail and or a $10,000 fine. If you’re alleged to have put a child in danger, you could also be charged with “neglect of a child” which is also a Level 6 felony. “Neglect of a child” is defined in the Indiana Code § 35-46-1-4(a)(1) as,

“(a) A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally:

(1) Places the dependent in a situation that endangers the dependent’s life or health;” 

Further, if the child suffered any “bodily injury,” the charges can be increased to a Level 5 felony which is punishable by up to six years in prison and/or a $10,000 fine. The state of Indiana defines “bodily injury” in the Indiana Code § 35-31.5-2-29 as, “any impairment of physical condition, including physical pain.” Many judges and prosecutors treat a DUI with a child in the car very harshly. Even if it is a person’s first time experiencing a DUI, if there is a child or passenger under the age of 18 present, these cases can become very serious very quickly. Although the penalties faced can vary, the facts are that if a minor was in the car at the time of the DUI, a felony charge is on the table.

DUIs involving an accident

When a DUI involves an accident, it is treated as a serious matter. If the accident in question involves only yourself and your vehicle, it still can be charged as a misdemeanor, however, both judges and prosecutors do not  take accidents caused by DUIs lightly. 

If the accident involves another vehicle and/or causes injury to another person, the charges can quickly be increased to a felony. Even on a first time DUI charge, if the other person was injured, the charges can be raised to a Level 5 felony which is punishable by up to six years in jail and/or a $10,000 fine. The gravity of the charges will typically be based on the severity of the injuries.

“I would like to commend Anthony, Matt, Cassie and the rest of the team members who assisted in resolving my case. Their communication throughout the process was clear and concise, which greatly facilitated our understanding of the legal proceedings. Moreover, their professionalism and dedication in handling the case resulted in a successful outcome. I am grateful for their expertise and the excellent job they did in representing my best interest. I highly recommend Marc Lopez Law Firm.” – Chaizor A.

Blood Alcohol Levels and Charges

When you have a blood alcohol content (BAC) of .08 or higher, you are considered legally impaired in Indiana. Your BAC can be tested by breath or blood depending on the circumstances of the arrest for DUI. This is what’s called the “per se DUI” where the State of Indiana is allowed to tell the jury and judge that a person was intoxicated. This is a rebuttable presumption, meaning a defendant can attempt to prove this is not true.

A BAC of .08 is considered a Class C misdemeanor and is a separate and distinct charge from intoxication. So, theoretically someone could be guilty of a DUI with a BAC of .08, but not be intoxicated. The statute for a BAC level of .08 is found in the Indiana Code § 9-30-5-1(a) which states,

(a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per:

(1) one hundred (100) milliliters of the person’s blood; or

(2) two hundred ten (210) liters of the person’s breath;

commits a Class C misdemeanor.”

A BAC of .15 is considered a Class A misdemeanor and is a separate and distinct charge from intoxication. The statute for a BAC level of .08 is found in the Indiana Code § 9-30-5-1(b) which states,

(b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:

(1) one hundred (100) milliliters of the person’s blood; or

(2) two hundred ten (210) liters of the person’s breath;

commits a Class A misdemeanor.”

When the BAC is .15 or greater, the seriousness of the offense and penalties increases significantly. An A misdemeanor jumps to a 365 day penalty time in jail. Many judges and prosecutors view a BAC level of .15 with a serious weight because it’s nearly twice the legal limit. At that point, there’s very little question as to whether or not a person should be driving, at least in the eyes of the prosecutor and judge. So while only a few drinks might put someone at a BAC of .08, it usually requires multiple drinks to put someone at a .15 or greater.

Drug Metabolites

In Indiana, it is possible to be charged with a DUI with zero or low alcohol in your blood, but instead have the presence of a controlled substance, such as marijuana as an active or inactive metabolite in your blood. Indiana is one of the last handful of states that will charge you for a DUI if a person only has inactive THC metabolite in their blood – inactive meaning that you were not high or otherwise intoxicated. Unfortunately, although science may say that metabolites will not affect your driving, in the eyes of the prosecutors and the law, it is still considered a DUI in Indiana. 

It is unfair, unfortunately, that the state of Indiana has not caught up with the latest science. Many states are ruling that metabolites present in the blood do not cause a similar level of impairment as a BAC of .08 or greater. Indiana Code § 9-30-5-1(c) goes over the presence of controlled substances in the blood in relation to DUI charges.

“(c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s blood commits a Class C misdemeanor.”

“Zach Richey and the staff at Marc Lopez law firm did an excellent job of handling my dui case! I was quite nervous about the way things could have gone, but the case was resolved with an outcome that was better than I could have expected!

Zach was great and he really goes up to bat for his clients!” – Karl W.

Effects on Drivers License

Depending on circumstances surrounding the Indianapolis DUI, the effect on an individual’s driver’s license can vary. So how does a DUI affect your license? If the offense is a Class C misdemeanor with a maximum penalty of 60 days in jail, the maximum penalty for license suspension is 60 days. If the offense is a Class A misdemeanor because of endangerment or high BAC, the maximum penalty is 365 days. If it’s a person’s second DUI and the charge is a misdemeanor the minimum is 365 days. If however, the second DUI is a felony due to multiple DUIs within seven years, the minimum penalty for license suspension is one year with the maximum penalty being 2 ½ years. If a person is facing a Level 5 or Level 4 felony, the maximum penalty would correlate with the maximum jail sentence. These minimum and maximums assume that the officer is not alleging you refused the chemical test.

Specialized Driving Privileges

In theory, most DUI defendants in Indianapolis are eligible for specialized driving privileges. There is a mechanism under the law that exists to allow a person to drive while their DUI case is pending. Typically, specialized driving privileges allow a person charged with a DUI to drive to and from work and other life’s necessities. 

A judge does have to sign off on the specialized driving privileges, and just because this law exists does not mean that every judge will allow a person to drive. Driving during a DUI case is something you can request, but not something you can demand. In Indianapolis and across the State, driving is regarded as a privilege and no one has an absolute right to get behind the wheel. 

There is a legal argument that if a BAC level via blood or breath is not available, and the person did not refuse a chemical test, then the State of Indiana should not suspend a driver’s license. In my opinion, this is the correct version of the law. However, there are a significant number of judges that believe simply being arrested for a DUI should result in a driver license suspension. In the case of specialized driving privileges, we are assuming the person did not refuse the chemical test, either blood or breath. If a person refuses a chemical test then by law that person is not eligible for specialized driving privileges.  

“I highly recommend Marc Lopez, an excellent attorney. Received a good plea deal on a fifth DUI. Would recommend them for any case. Zach Richey represented me. He really came through for me.. A special thanks to Erica, Sofi and Anthony. They did an awesome job too.” – Alan V.

Should I Get a Lawyer?

You may be wondering, is it worth getting a lawyer for a DUI? The answer, ABSOLUTELY! Obtaining legal counsel for a DUI, even if it’s your first offense, sends a powerful message to the court and the prosecutors. It ensures that they understand you are taking this seriously. More importantly, when you hire a lawyer from the start, it allows you to receive legal counsel throughout the whole process. 

There are so many things that people charged with a DUI need to be doing, even before their first court date. Hiring an Indianapolis attorney who’s familiar with Marion County judges and prosecutors is crucial. An experienced Indianapolis DUI attorney can help make the case that you are not a dangerous criminal, but rather someone who may have made a mistake. If you are facing felony DUI charges in Indiana, it is even more vital to hire legal counsel as the punishment is typically much more serious. 

The Marc Lopez Law Firm Difference

At the Marc Lopez Law Firm, as soon as you hire us to represent you we start to work on your case by creating a checklist of everything that needs to get done before that first court date. We do this to increase the chances of getting your driver’s license back, increase the chances of not being blindsided by the prosecution, and ensuring the best defense strategy for your case. 

The attorneys at Marc Lopez Law have attended numerous training sessions—in Indianapolis and across the country—on the science methods behind attacking blood and breath tests. Beyond just the blood and breath tests, our attorneys are skilled at going after the officer’s training, whether the person was Mirandized correctly, etc. There are so many little things that we can try and attack to reduce charges and minimize the punishment.

Make the Right Call

If you or a loved one find yourself facing DUI/ OVWI charges in Indianapolis, you need an experienced Indiana criminal lawyer to represent your interests. The Marc Lopez Law Firm handles cases like these every day. Give us a call at 317-632-3642 and remember—always plead the 5th!

“I can’t begin to describe how thankful I am for my TEAM of lawyers at Lopez law firm… I say team because they had multiple people helping with my case. An absolute blessing. With felonies and a 2nd OWI they got me the deal one could only pray for. Highly recommend to anybody fighting a case in Indiana. Big thanks to all the staff and lawyers who had a hand in my legislation…” – Joe L.