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Facing a DUI charge in Indiana is undoubtedly overwhelming, not just for the accused but also for their loved ones. Dealing with the potential of the immediate suspension of your driver’s license can be both confusing and stressful. The legal process surrounding DUI cases is complex, and having a clear understanding of your rights and the relevant laws is crucial.
During these challenging moments, the presence of a knowledgeable Indiana DUI lawyer becomes a crucial anchor, offering support and expertise. In this blog, we will break down the intricacies of Indiana DUI charges and driver’s license suspension, providing insights into the relevant sections of the Indiana Code and highlighting the importance of hiring an Indiana criminal defense attorney to help protect your rights.
In the aftermath of a DUI arrest in Indiana, the immediate concern often revolves around the uncertainty of whether your driver’s license will be suspended right away. The answer is not as straightforward as one might expect. The decision rests on the judge’s interpretation of the evidence, specifically the blood alcohol level indicated in the police report.
The Legal Landscape: Indiana Code § 9-30-6-8
In Indiana, Indiana Code § 9-30-6-8 is the statutes that governs driver’s license suspensions in for DUI cases and states:
(a) “whenever a judicial officer has determined that there was probable cause to believe that a person has violated IC 9-30-5, the clerk of the court shall forward, in a form and manner prescribed by the bureau:
(1) a paper copy of the affidavit, or an electronic substitute; or
(2) a bureau certificate as described in section 16 of this chapter;
to the bureau at the conclusion of the initial hearing under subsection (c).
(b) The probable cause affidavit required under section 7(b)(2) of this chapter must do the following:
(1) Set forth the grounds for the arresting officer’s belief that there was probable cause that the arrested person was operating a vehicle in violation of IC 9-30-5 or a motorboat in violation of IC 35-46-9 or IC 14-15-8 (before its repeal).
(2) State that the person was arrested for a violation of IC 9-30-5 or operating a motorboat in violation of IC 35-46-9 or IC 14-15-8 (before its repeal).
(3) State whether the person:
(A) refused to submit to a chemical test when offered; or
(B) submitted to a chemical test that resulted in prima facie evidence that the person was intoxicated.
(4) Be sworn to by the arresting officer.”
If your blood alcohol level registered at 0.08 or higher, the judge is obligated to initiate a suspension of your driver’s license with the Bureau of Motor Vehicles (BMV). In cases where the blood work is pending, and you did not refuse, some judges may opt to await the results before making a decision. This nuance to the immediate suspension of your driver’s license highlights the importance of legal representation when navigating the intricacies of a DUI charge.
Upon probable cause determination, the court can recommend the suspension of your driving privileges, effective immediately upon the court order. Alternatively, the court can issue an order requiring the person to use a certified ignition interlock device on their vehicle. This alternative approach is outlined in Indiana Code § 9-30-6-8(d), which states:
(d) “If it is determined under subsection (a) that there is probable cause to believe that a person violated IC 9-30-5, the court may, as an alternative to any suspension of the person’s driving privileges under subsection (c), issue an order recommending that the person be prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8. This subsection applies even if the probable cause affidavit in subsection (b) states that the person:
(1) refused to submit to a chemical test; or
(2) submitted to a chemical test that resulted in prima facie evidence that the person was intoxicated.
The order remains in effect until the bureau is notified by a court that the criminal charges against the person have been resolved. When the court issues an order under this subsection, no administrative suspension is imposed by the bureau and no suspension is noted on the person’s driving record.”
In Indiana, there exists a ray of hope for those grappling with DUI charges—specialized driving privileges. These privileges serve as a lifeline for DUI offenders, granting them the ability to commute to and from work, thereby maintaining a semblance of normalcy amid the challenges posed by the charges. Some judges, demonstrating empathy, may grant these privileges, especially in cases without prior DUI convictions or accidents.
Understanding the complexities of DUI charges and driver’s license suspension in Indiana is no easy task. It requires a deep knowledge of the relevant Indiana laws as well familiarity with local judges, prosecutors, and the legal system as a whole. If you or someone you know is facing a DUI charge, it is essential to hire an Indiana criminal defense attorney with an understanding of DUI laws specifically. The Marc Lopez Law Firm is ready to help. With a deep understanding of the legal nuances, our attorneys ensure that your rights are protected and explore all possible avenues for a favorable outcome.
If you or someone you know is facing a DUI charge and the looming threat of driver’s license suspension, taking prompt action is paramount. Delays in addressing these matters can further complicate the situation. Our trusted Indiana DUI attorneys are ready to assist you, providing a secure space to discuss your case and formulate the best course of action.
A DUI charge is a serious matter, with potential repercussions on your ability to drive, your job, and your daily life. Attempting to handle this situation alone can be overwhelming and may not yield the best results. At the Marc Lopez Law Firm, we build a strong defense tailored to your specific case, increasing the likelihood of a favorable outcome.
If you or someone you know are facing DUI charges, regardless of whether it is a misdemeanor or felony, you need a criminal defense attorney with extensive knowledge of Indiana’s DUI laws. The attorneys at the Marc Lopez Law Firm can offer insights into the nuances of your DUI case, discuss your options, and tailor the best possible defense strategy for your circumstances.
Let us be your trusted partner, ensuring that your rights are protected. At the Marc Lopez Law Firm, we are committed to guiding clients toward the best possible outcome. Don’t leave your future to chance. Call the Marc Lopez Law Firm at 317-632-3642 and remember—always plead the 5th!