Find a DUI Attorney in Elkhart, IN
The traffic laws in Indiana are often complicated and confusing. From driver’s license suspensions to possible jail time, there are many traps to be avoided. Our Elkhart criminal lawyers at the Wilson & Kinsman LLC work tirelessly to make sure you never fall into one of those traps.
DWI or DUI Charges
In Indiana, there are two OWI or DUI charges. One is operating while intoxicated (OWI), while the other is operating a motor vehicle with a blood alcohol content in excess of the legal limit (.08%). Any drinking and driving offense in Indiana begins with those two basic offenses and our Elkhart DUI attorneys can help you distinguish between the two.
When you are facing a charge for driving under the influence (DUI) or driving while intoxicated (DWI), there are some very important, little-known secrets that can make a huge difference in the outcome of the criminal case. At Wilson & Kinsman LLC, our Elkhart DUI lawyers can explain those secrets to you and find out if they will help in your case. The results can be amazing if they do. Consult our Indiana criminal defense attorneys today!
Driver’s License Suspension in Indiana
One of the most important aspects of OWI/DUI cases surrounds a driver’s license suspension. In most misdemeanor cases, the license suspension can last anywhere from 90 days to 2 years. Despite that, in the right circumstances, a license suspension can be shortened to as little as 30 days or none at all! Contact our Wilson and Kinsman LLC attorneys right away to find out if that is a possibility for you.
On the other hand, the license suspension for felony OWI/ DUI cases typically runs from one to two years. However, there’s one law that changes the license suspension penalty so that it runs for 10 years! Speak with our experienced criminal defense attorney at Wilson & Kinsman LLC to make sure this does not happen to you.
Possible Jail Time
As with all criminal offenses, the first question everyone asks is: “Will you get jail time?”
To begin with, the maximum jail time you face for a misdemeanor OWI/DUI offense is one year. It can be less than that, and in most circumstances, that time is all suspendable. In felony OWI cases, the possible jail time is longer. To plead for reduced jail time, contact Wilson & Kinsman LLC right away. We will bring all our experience and knowledge to work to achieve the lightest sentence possible in your situation!
Charged with a criminal offense?
It’s difficult to face a criminal offense on your own. At Wilson & Kinsman, our experienced criminal defense attorneys are dedicated to protecting you. Call our office to start building a strong defense for your case today.
here’s how to win a DUI case in Elkhart Indiana
Details determine whether a DUI case is won or lost. You should write down all you remember about your DUI arrest. Your memory may deteriorate with time, and you may forget critical data that might help you win your criminal case.
Any DUI lawyer in Elkhart Indiana will have the greatest chance of defending your rights if they have as much information as possible.
When accused of a DUI in Elkhart, you have three options:
- Take a blood test,
- Allow a breathalyzer test, or
- Deny all testing, which is known as a Refusal.
You will be given a yellow page titled Express Consent Affidavit if you allow a breathalyzer test and score .08 and above, or if you refuse to have a breath test. You have seven days from your DUI arrest to seek a hearing at the Indiana Department of Motor Vehicles if you obtain one of these.
If you allow a blood test, however, no action will be done against you until your blood results show a .08% or greater blood alcohol concentration. If this is the case, you will get a letter from the Elkhart DMV alerting you of your right to a hearing.
If your driver’s license was not suspended at the time of your DUI arrest, you must submit it to the DMV in order to acquire a Temporary Driving Permit, which will enable you to drive until your hearing, which should be within 60 days of the day you sought it.
NOTE: Evansville and Eel have comparable DUI laws.
Elkhart, Indiana DUI Penalties
For individuals discovered driving under the influence of drugs or alcohol in Elkhart, IN, there are two levels of a criminal offense:
- DUI for those found with a blood alcohol content (BAC) of.08 or more, and
- DWAI, or Driving While Ability Impaired, for those found with any blood alcohol concentration less than 0.08%.
Though DWAI is considered a lesser crime than DUI, both federal crimes carry the same consequences if convicted. The only difference is that getting pulled over for DWAI does not always result in a DMV license suspension.
Longer jail time, substantial fines, probation, and obligatory drug and alcohol therapy are all possible consequences. Having an experienced Elkhart DUI lawyer on your side is critical to ensure your reputation and opportunities won’t diminish.
hire a lawyer to defend you if you’re facing DUI charges.
Details like this might spell the difference between being charged with a criminal conviction and having the freedom you deserve. A skilled DUI attorney in Elkhart can spot legal loopholes and constitutional violations in your criminal charges, then fight for you and your constitutional rights.
Our DUI attorneys realize that the rules governing DUI and DWAI in Elkhart, IN are complicated and varied, and they will thoroughly research your criminal case to ensure that you are not penalized. Giving up and accepting DUI charges without defending yourself is the worst thing you can do.
Facing Other Criminal Offenses in Indiana?
Have you been charged with another criminal offense? Has a family member been accused of a crime? Don’t plead guilty without looking into the criminal charge, the criminal defense law, and your legal rights! Consult our Indiana criminal attorneys for a case evaluation. We have over 50 years of experience working on criminal cases and providing legal representation for domestic violence, drunk driving defenses, and other related offenses. Contact our criminal defense lawyers at Wilson and Kinsman LLC today for a free consultation.