Lafayette DUI Attorneys
At the Law Offices of Jason Jackson & Assoc in Lafayette, we defend people facing driving under the influence (DUI)/operating while intoxicated (OWI) charges in Indiana. We understand that this can be a frightening experience, and we are here to protect your rights. Don’t give up hope. We are knowledgeable lawyers who will investigate the case against you and develop a strategy to fight back.
Founding attorney Jason Jackson has been protecting people in this area for 25 years. If you were charged with a DUI in Lafayette, call us at 317-678-0247 today to discuss your case.
What Is Considered A DUI In Indiana?
In Indiana, the legal term for DUI is operating while intoxicated (OWI). You can be charged with OWI if you operate a vehicle with a blood alcohol content (BAC) of .08% or higher, or with any detectable amount of a controlled substance in your system. Indiana defines “operating” broadly – you can face charges even if your vehicle isn’t moving.
Key factors that can lead to an OWI charge include the following:
- A BAC of .08% or higher for standard drivers (.04% for commercial drivers, .02% for drivers under 21)
- Any amount of controlled substances or their metabolites in your blood
- Signs of impairment, such as slurred speech, poor balance or failing field sobriety tests, even with a BAC below .08%
Refusing a chemical test results in an automatic license suspension, often lasting two years. At Law Offices of Jason Jackson & Assoc, we challenge OWI charges by examining whether law enforcement properly established these elements during your traffic stop and arrest.
Indiana’s DUI Penalties Are Harsh
In Indiana, you can be charged with an OWI not only for consuming alcohol, but for being under the influence of drugs. Regardless of whether you were charged with OWI in Lafayette or elsewhere in Indiana, the possible penalties and consequences for a first-offense Class C misdemeanor DUI/OWI may include the following:
- A fine as high as $500
- Jail time of up to 60 days
- Driver’s license suspension
- Required completion of alcohol abuse programs
- Required community service
There may be additional penalties for more serious charges, such as longer jail sentences or a prison sentence, higher fines, longer license suspensions and an ignition interlock device.
Additional Consequences Of A DUI Conviction
While the penalties of a DUI conviction are steep, there are also related consequences, such as:
- Loss of a professional license and/or your job
- Higher auto insurance premiums
- Public reputation
- A criminal record
It is important that you fight a DUI charge right away with the help of an experienced Lafayette DUI defense attorney.
What Should You Do If You’re Pulled Over For DUI In Lafayette?
You do not want to face the penalties that come with a conviction or guilty plea. If you are pulled over, remain polite, but say that you want to speak with a lawyer. Don’t try to talk your way out of the arrest; that can only make matters worse.
You can be pulled over on suspicion of DUI by the Tippecanoe County Sheriff, Lafayette Police Department or Indiana State Police. Whether you were at a DUI checkpoint or pulled over for speeding or driving erratically, the result can be the same.
Will You Lose Your License? Your Guide To Suspensions And Specialized Driving Privileges
Losing their ability to drive is one of the biggest concerns for clients facing OWI charges. An OWI arrest typically triggers an automatic 180-day administrative license suspension. However, you may have options to maintain your driving privileges.
Recent legal developments in Indiana mean courts can have greater discretion regarding pretrial suspensions. You may be eligible to apply for specialized driving privileges (formerly referred to as “hardship licenses”) after your initial hearing, allowing you to drive to work, school and other essential locations. At Law Offices of Jason Jackson & Assoc, we can help you petition for these privileges to minimize disruption to your daily life.
Can An OWI Be Enhanced To A Felony?
While a first-time OWI is typically a Class C misdemeanor, certain factors can elevate the charge to a felony with significantly harsher penalties.
An OWI charge can be enhanced to a felony under the following circumstances:
- The driver has had a prior OWI conviction within the last five to seven years.
- The driver was operating a vehicle with a passenger under 18 years old (Level 6 felony).
- The driver caused an accident that resulted in serious bodily injury or death.
Felony OWI convictions carry severe consequences, including prison sentences, substantial fines, and a permanent criminal record. At Law Offices of Jason Jackson & Assoc, we will investigate your arrest circumstances to challenge enhancement factors and fight for the best outcome possible.
Speak With A Lafayette DUI Lawyer Today
Don’t delay; you need legal representation as soon as possible. You can contact us by phone at 765-417-6670 or by sending an email.