Hardworking and Dedicated Advocacy for Drivers in Hamilton, Hendricks, and Hancock Counties

Charged with driving under the influence in Indianapolis? The consequences can be daunting; from jail time to fines to license suspension. However, having a skilled DUI defense attorney on your side could make a key difference in reduced penalties or even a dismissal of your charge. Gemma & Karimi, LLP have 20 years of combined experience, including former prosecution work. As a result, the attorneys have intimate knowledge of how the prosecution thinks and works, which can prove advantageous to the legal strategy you devise together.

Whether you have been charged with a DUI for the first time or have prior convictions, Gemma & Karimi, LLP can defend you. Schedule a free consultation online to get started today.

What Constitutes DUI/OWI?

Driving under the influence (DUI) is more broadly referred to in Indiana as "operating while intoxicated" (OWI). The main distinction is that DUI more commonly refers to drunk driving from alcohol, drugs, or a combination of the two, whereas OWI is related to the capacity (or lack thereof) to manage a vehicle.

Under Indiana OWI law, it is illegal for motorists to operate a vehicle:

• with a blood alcohol concentration (BAC) of .08% or more;
• with any amount of a Schedule I or II controlled substance in their system (opiates, hallucinogens, marijuana, cocaine, methamphetamine); or
• while actually intoxicated by drugs or alcohol.

Be aware that the state implements a “zero tolerance” law that makes it illegal for drivers under the age of 21 years old to operate a vehicle with a BAC of .02% or more.

In unfortunate cases, lawful prescription drugs might be involved in a DUI charge. Keep in mind that there are several prescription medications and some over-the-counter medications that have specific warnings that their usage could impair a person’s driving abilities and should not be used while operating any dangerous equipment, including motor vehicles. In such a case, even if the medication was lawfully prescribed to the driver, they could still be at risk of a DUI if they take this impairing medication and operate a motor vehicle.

Jail Time, Fines, and License Suspension Penalties

Generally, OWI offenses are charged as misdemeanors. Drivers convicted of OWI in Indiana will face a range of penalties depending on the number of prior convictions they have:

• 1^st offense – up to 60 days in jail (up to 1 year for those with a BAC of .15% or more); up to $500 in fines (up to $5,000 for those with a BAC of .15% or more); 180 days of license suspension; up to 60 days of ignition interlock device (IID) use (up to 1 year for those with a BAC of .15% or more)
• 2^nd offense – up to 60 days in jail (up to 1 year for those with a BAC of .15% or more); up to $500 in fines (up to $5,000 for those with a BAC of .15% or more); at least 1 year of license suspension; up to 60 days of IID use (up to 1 year for those with a BAC of .15% or more)
• 3^rd offense – up to 60 days in jail (up to 1 year for those with a BAC of .15% or more); up to $500 in fines (up to $5,000 for those with a BAC of .15% or more); at least 1 year of license suspension; up to 60 days of IID use (up to 1 year for those with a BAC of .15% or more)

An OWI conviction will stay on a driver’s criminal record. If a conviction occurs within 5 years of a prior conviction, it will be considered a felony. Felony OWIs have enhanced penalties of 6 months to 2.5 years in prison and up to $10,000 in fines. 

Note that Indiana also implements “implied consent” laws that require all drivers lawfully arrested for an OWI to submit to a blood or breath test. Drivers who refuse testing will face the following periods of license suspension:

• 1 year if they have no prior convictions;
• 2 years if they have at least 1 prior conviction.

Indiana requires an automatic driver’s license suspension for a chemical test failure. The law states that the license will be suspended for 180 days on a pre-trial basis from the date the Indiana Bureau of Motor Vehicles receives notice that the prosecutor has filed the case.

Indiana treats habitual traffic violators (HTV) seriously, and the Bureau of Motor Vehicles might even suspend a habitual offender’s license for life. As a result, it is imperative that you take legal action in your defense immediately if you’ve been charged with a DUI/OWI violation.

The Benefits of Hiring DUI Lawyers in Indiana

Due to the severity of the criminal penalties associated with a DUI conviction, it is imperative to protect your rights and freedom with the help of a criminal defense attorney who specializes in DUI cases. DUI lawyers in Indiana are committed to helping their clients obtain the most favorable outcome in their cases, whether that means getting the entire case dismissed or reducing the penalties they face to avoid serving any time behind bars.

Here are several benefits of hiring our DUI lawyers in Indiana at Gemma & Karimi, LLP:

• Our firm can help you navigate the complicated legal process and protect your rights.
• We will examine all evidence and make sure that law enforcement abided by proper procedures during investigation and arrest.
• We may be able to challenge any test results or negotiate plea deals to reduce sentences or fines, if applicable. 
• Our legal team will also make sure that you understand all of your options throughout the course of your trial or other proceedings related to the charge. 

Call (317) 676-4747 or fill out our online contact form today to learn how our Indianapolis DUI defense attorneys can help you!