At Holt, Fleck & Romine we are highly experienced criminal defense lawyers and can help you fight against charges of driving under the influence (DUI) of drugs or alcohol or operating a vehicle while intoxicated (OWI). Our criminal defense team includes Steven A. Holt, who has over 30 years of experience in criminal defense, and Stacy N. Ambler, whose experience practicing criminal law as a Deputy Prosecutor in Marion County gives her insight into the strategies used by prosecutors to obtain convictions. With our experience in criminal defense generally and OWI defense specifically, we are well-prepared to help guide clients through the criminal justice system. From our office in Noblesville, Indiana, we are able to assist clients throughout Hamilton County, including the cities of Noblesville, Arcadia, Atlanta, Westfield, Cicero, Sheridan, Carmel, and Fishers.
Indiana DUI - OWI Laws
Under Indiana law, you may be convicted of a Class C misdemeanor offense for driving under the influence (DUI) of drugs or alcohol or operating a vehicle while intoxicated (OWI) if you have an alcohol concentration (BAC) of at least 0.08 but less than 0.15. If you are caught operating a vehicle with a BAC of 0.15 or greater, you may be found guilty of a Class A misdemeanor. The most common chemical tests used by the police to determine a person's BAC are the field sobriety test and the breathalyzer test.
DUI - OWI Penalties
Even a first time conviction for driving with a BAC of 0.08 can result in serious penalties, including up to $500 in fines, imprisonment for up to 60 days, and/or up to one year of probation. A conviction for driving with a BAC of 0.15 or greater may result in up to $5,000 in fines and imprisonment for up to one year. OWI convictions involving repeat offenders, drivers with passengers less than 18 years of age, and OWI accidents involving serious bodily injury or death may be upgraded to felonies in certain situations, resulting in up to 6 to 20 years of imprisonment and up to $10,000 in fines. Additional penalties for OWI offenses may also include installation of an ignition interlock device on your car at your expense, mandatory community service, mandatory drug or alcohol counseling and urine testing, license suspension, and increased insurance rates.
DUI-OWI Defense
If you are facing charges of DUI or OWI, it is important to seek assistance from an experienced defense attorney immediately to help minimize the penalties you may face. At Holt, Fleck & Romine, our attorneys are specially trained to handle OWI allegations, including the complex issues that may arise when a client is given a field sobriety test or chemical test by the police. Field sobriety tests are often used by police officers to try to establish probable cause for making a DUI or OWI arrest. However, they are not necessarily accurate or reliable. Our attorneys will thoroughly examine the circumstances of your case to determine whether the field sobriety tests used were those validated by the National High Traffic Safety Administration (NHTSA). We will examine the conditions under which the tests were administered, whether standardized procedures were used, whether the officer was trained to administer the tests, and whether outside factors, such as a defendant's disability or health issue, maybe have affected the outcome of the tests. If the case ends up going to trial, we use several experts who are highly experienced at finding the faults in these tests and negating prosecutors' claims.
In addition, we regularly represent clients who have been given chemical tests, such as breathalyzer tests, in order to determine whether or not the client had drugs or alcohol in his or her system. Chemical tests more directly measure the blood alcohol concentration in the body and are therefore considered more accurate and reliable. However, even breathalyzer tests may be inaccurate if they are not properly calibrated or are inaccurately administered.
Since 1975, the law firm of Holt, Fleck & Romine, LLP has been providing thorough and aggressive criminal defense representation for clients accused of operating a vehicle while intoxicated. If you would like help from an experienced OWI-DUI defense attorney, contact our Hamilton County office today.
