OWI And Drug Offenses
If you have been charged with OWI or drug offenses, it is important to have an experienced attorney who is knowledgeable in the law representing you. There may be procedural defenses to your case even if you were intoxicated or in possession of drugs.
Attorney Matthew Abels has been representing clients charged with OWI and drug offenses for over 20 years. Mr. Abels spent numerous years as an attorney representing indigent clients in Marion County’s major felony drug court. During his time in drug court, Mr. Abels litigated numerous suppression issues and conducted numerous jury trials for individuals charged with drug possession and drug-dealing offenses. This experience allowed Mr. Abels to become an expert in this area of the law.
You may be able to get your charges dismissed if the police illegally seized or searched you in violation of the United States or Indiana Constitutions. Additionally, you may be able to get chemical test results excluded or evidence related to field sobriety tests excluded in an OWI case if the police did not follow proper procedures. Hiring an attorney who has expertise in these areas of the law is essential to getting the best possible result in your criminal case.
What To Do If The Police Violated Your Rights?
Police are required to have reasonable suspicion of criminal activity or that a traffic infraction has occurred to detain an individual. In order to arrest an individual, they must have probable cause. If you are detained by police, the first thing you should do is follow their instructions. Do not argue with police. Police can require you to provide your name, address, and date of birth or a driver’s license if they have reasonable suspicion that you are involved in criminal activity or if you are stopped for a traffic infraction. However, all individuals have a right to remain silent and not incriminate themselves under the 5th Amendment of the United States Constitution. Police are only required to read you Miranda warnings if they want to question you while you are in custody. If you are detained by the police, do not volunteer information beyond what is required by law. Follow the instructions of the police and if arrested, contact Abels Law Office.
Understanding Indiana DUI/OWI Charges
In Indiana, DUIs are charged as operating a vehicle while intoxicated (OVWI). Indiana treats OWIs very seriously. The legal blood alcohol content (BAC) limit is .08%, but .04% applies to commercial drivers, and lower thresholds exist for those under 21. Operating while intoxicated charges can still be filed even if the BAC is below the legal limit. Individuals charged with operating while intoxicated will often be charged with a similar offense for operating a vehicle with an alcohol concentration equivalent (ACE) either above .08 or above .15 depending on the results of a chemical test. In Indiana, the most common way the police administer a chemical test is either by obtaining a blood draw at a hospital or a breath test at the police station. If police officers have probable cause that you were operating a vehicle while intoxicated and offer you the opportunity to submit to a chemical test and you refuse, your license will be suspended for one year (or two years if you have a prior conviction for operating while intoxicated). You would only be eligible to drive with an ignition interlock device installed in your vehicle with approval from a judge. In addition to charges for operating while intoxicated, an individual may be charged with operating with a schedule I or II controlled substance or its metabolite in his or her blood. This type of charge is often filed when drugs are involved instead of alcohol. However, it is important to know that a person may be charged with operating while intoxicated if intoxicated from drugs in addition to alcohol.
If you are charged with operating a vehicle while intoxicated, depending on the facts of your case, a judge may recommend suspension of your driver’s license at your initial hearing. You can file a petition to stay any suspension of your license to allow time for the court to consider whether to grant specialized driving privileges. It is important that you contact an attorney prior to appearing in court.
Potential penalties for operating a vehicle while intoxicated can include jail time, fines, probation, license suspension, ignition interlock devices, SR-22 insurance, mandatory alcohol or substance abuse evaluations and treatment. Collateral consequences could include loss of your job or professional license, issues with your immigration status, travel restrictions, and higher insurance rates. Contact Abels Law Office immediately if you or someone you know has been charged with a criminal offense.