Accomplished DUI Attorney in Chesterton, IN
DUI & OWI Defense in Lake County & Porter County
Whether you are arrested for drinking or using drugs while driving, you need an experienced DUI lawyer in Porter County. I examine all aspects of the case to find the best strategy for each client, including exploring the possibility of having the charges reduced from OWI to possibly a reckless driving, public intoxication or even a dismissal.
Call the Law Office of Adam Tavitas for trusted legal representation from an attorney with more than 20 years of experience. I have successfully handled DUI/OWI cases for many clients, including misdemeanor and felony charges.
I meet with clients at my Chesterton office, my Highland office by appointment, and can travel to you.
Got an OWI in Indiana? Call (219) 245-2655 now or contact us online for an experienced OWI lawyer to help you fight for your rights.
Understanding Indiana's DUI Law
The state of Indiana refers to DUI as Operating While Intoxicated (OWI), although many people still use DUI. If you or a loved one has been accused of driving under the influence of drugs or alcohol, you need an experienced DUI attorney in Porter County to help you understand the law in Indiana and navigate the legal process.
In Indiana, motorists are prohibited from operating a vehicle with:
- Blood alcohol concentration (BAC) of .08% or higher
- A BAC of .02% or higher, if under the age of 21
- Any amount of a controlled substance listed on schedule I or schedule II
- Intoxication with alcohol or drugs
The penalties for an OWI conviction depend on the circumstances of the case, level of intoxication, and whether there are any prior convictions.
Penalties may include:
- Up to 60 days in jail
- Fines of up to $500
- Installation of an ignition interlock device for up to 60 days.
If you have a BAC of .15% or more, you could face up to a year of jail and fines of up to $5,000. Any conviction remains on your record permanently can be expunged after 7 years. Additionally, convictions stay on your driving record for 10 years.
When is an OWI a Felony in Indiana?
In Indiana, an operating while intoxicated (OWI) charge is a felony if the offender has three prior convictions for OWI or any other conviction that requires registration as a habitual traffic violator. Additionally, if someone causes serious bodily injury to another person while operating a vehicle under the influence, they can be charged with a Level 6 felony. If the offense results in the death of another, the charge is upgraded to a Level 5 felony.
If it is a Level 6 Felony, you could face:
- Up to 2.5 years in jail
- A $10,000 fine,
- 360 hours of community service
License Suspension for OWI in Indiana
If you are convicted of OWI in Indiana, you may face driver’s license suspension. The length of suspension depends on if you have had prior convictions.
- First offense – normally 180 days
- Second offense – 1 year minimum
- Third offense – 1 year minimum
If your license is suspended, you may be able to gain “specialized driving privileges” which can allow you to drive to vital locations such as work and school. An ignition interlock device (IID) may be required by the judge to obtain these privileges.
Implied Consent in Indiana
Under Indiana’s implied consent law, all drivers have automatically agreed to take a chemical test if they are arrested for DUI. The chemical tests are usually blood or breath tests. If you refuse to take the test, you could face one to two years suspension of your driver’s license.
Can an OWI Charge Be Reduced?
In Indiana, an OWI charge can be reduced to a lesser charge called “wet reckless.” “Wet Reckless” is a plea bargain that reduces the operating while intoxicated charge to reckless driving. It is important that you speak with a Chesterton OWI attorney about your options and see if this is the right option for your case.
Preparing Your Porter County OWI Defense
I provide an honest assessment of each case and explain what you can expect. In OWI/DUI cases, it can be extremely difficult to have charges dismissed, especially if there is strong evidence to prove the charge.
Arrested for OWI in Indiana? Don't face your charges alone. Contact us at (219) 245-2655 to arrange your free consultation!