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Robbins and Seville, LLC

Robbins and Seville, LLCRobbins and Seville, LLCRobbins and Seville, LLC
Home
Criminal
  • Criminal Law Overview
  • Drug Offenses
  • DUI
  • Expungement
  • Firearm Violations
  • Invasion of Privacy
Personal Injury
  • Personal Injury Overview
  • Car Accidents
  • Slip and Fall
  • Social Security
  • Trucking Accidents
  • Worker's Compensation
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  • Family Law Overview
  • Adoption
  • Advance Medical Directive
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  • Protective Orders
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Northwest Indiana / Lake County DUI Attorneys

What does DUI, OWI, DWI, OMVWI all mean?

In Indiana, the legal abbreviation for drunk driving offenses is “OWI” which mean "Operating While Intoxicated", which is the same as the more commonly known and used term “DUI” or "Driving Under the Influence."  All of these terms refer to the offense of operating a vehicle while intoxicated.  Intoxication can refer not only to alcohol intoxication, but also to various other intoxicating substances including both legal and illegal narcotics.

First DUI Offense

Indiana Code § 9-30-5-1 defines DUI / OWI based on blood alcohol content (BAC):

  • 0.08% but less than 0.15 is a Class C misdemeanor, punishable by up to sixty (60) days in jail and a fine of up to $500.
  • 0.15% or higher is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5000.
  • Or if under the influence of a controlled substance listed in Schedule I or Schedule II of the Indiana Code.

Serious First-Time DUI Offenses

Under certain circumstances, a DUI / OWI, even a first offense, can be treated far more seriously and rise to a Felony 6.  These circumstances occur if the driver:

  • Is at least 21 years of age,
  • And had a passenger who was less than 18 years of age,
  • And either drove in a manner that endangered a person, was under the influence of a Schedule I or Schedule II substance, or had a BAC reading of 0.15 or higher.

Repeat DUI Offenses

A person who is charged with at least a second DUI and has been convicted of a DUI in the last seven years may be charged with a Level 6 felony and face six months to two and one half years’ imprisonment and up to $10,000 in fines.  This can increase to a Level 5 felony if the previous conviction caused death, catastrophic injury, or serious bodily injury.

Teenage DUIs

Any drivers under the age of 21 with blood alcohol content over 0.02 are driving under the influence, punishable as a Class C misdemeanor with up to sixty (60) days in jail under Indiana Code § 9-30-5-8.5.  Additionally, the driver may have their driving privileges suspended for up to one year.

What are the consequences of a DUI?

  • Revocation of licenses – any DUI conviction can result in a driver’s license being revoked. This will make it difficult to get to work, pick up the kids, run errands, and keep up with life in general.
  • Costly ignition interlock device – in the event that the court allows you to keep your license, it may still require an ignition interlock device. An ignition interlock device is also known as an in-car breathalyzer which requires the driver to blow into a device that detects whether any alcohol is present in the driver’s system. The court may require the person to pay for the installation cost and maintenance of the device. Courts may also include mandatory counseling, which would only add to the money your DUI conviction is costing you.
  • Background checks for employment – many employers require a background check before they consider hiring someone and a DUI misdemeanor or felony conviction will appear on the background check. This will make you a less desirable candidate for the job. This same issue will occur if you undergo background checks for financial aid, housing applications, apartment leases, and if you apply to college.
  • Car insurance – a DUI conviction will likely significantly increase the insurance rates of a driver. In some instances, insurance companies may even terminate the insurance of drivers who have a DUI conviction.

Speak with One of Our DUI Attorneys Today

If you are charged with driving or operating under the influence, our DUI attorneys will provide guidance throughout the entire process and ensure that the matter is resolved. At Robbins and Seville, LLC, each DUI lawyer recognizes the potential consequences that you face and will fight to reach the best possible outcome for you.

Contact Us for a Free Consultation Today

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