Criminal Defense

DUI/OWI

Operating a Vehicle While Intoxicated (OWI), Driving Under the Influence (DUI) offenses are charged at an alarming rate throughout Northwest Indiana. Furthermore, being charged with driving under the influence of alcohol or drugs is a serious charge in Northwest Indiana and comes with stiff penalties. These penalties are even harsher for repeat offenders and for car accident in which people died or suffered serious injury.

You have the right to counsel, provided by the United State Constitution’s Sixth Amendment And by Article 1, Section 13 of Indiana’s Constitution.

Potential consequences of OWI/DUI offenses are serious and without the right defense may seriously impact your future.

Difference between OWI and DUI in Indiana:

Truly there is nothing the acronyms simply indicate the language a particular state utilizes to describe its drunken driving offenses. Indiana law describes its drunken driving offenses OWI Operating While Intoxicated or OVWI Operating a Vehicle While Intoxicated.

Were you charged with multiple DUI or OWI offenses even though you were only stopped once?

Often those charged with DUI/OWI are charged with several initial offenses. Indiana law allows the State to prosecute you in several ways and enhance the offense under certain circumstances. Here is a list of common DUI/OWI charges

• Operating While Intoxicated OWI – Indian Code 9-30-5-2(a) states, “Except as provided in subsection (b), a person who operates a vehicle while intoxicated commits a Class C misdemeanor.”
• OWI – Endangering a Person – Indiana Code 9-30-5-2(b) states, “An offense described in subsection (a) is a Class A misdemeanor if the person operates a vehicle in a manner that endangers a person.” The Indiana Court of Appeals and Indiana Supreme Court have upheld convictions under this subsection.
• Operating with a B.A.C. at least 0.08 but less than 0.15 – Indiana Code 9-30-5-1(a) states, “A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0,08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person’s blood; or (2) two hundred ten (210) liters of the person’s breath; commits a Class C misdemeanor.” A person is legally drunk at 0.08 regardless of their behaviors, condition, or abilities. Therefore, regardless of your behavior, condition, or abilities the State may proceed in prosecuting you for this offense even if you passed a standardized field sobriety test.
• Operating with a B.A.C. at least 0.15 or greater – Indiana Code 9-30-5-1(b) states, “A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person’s blood; or (2) two hundred ten (210) liters of the person’s breath; commits a Class A misdemeanor.

If you are facing DUI/OWI charges in Northwest Indiana it is likely that you will be charged with the aforementioned enhanced offenses.

Suspension of Indiana Drivers License

Upon the Indiana Bureau of Motor Vehicles receiving notice that you either failed or refused a certified chemical test, the BMV will suspend your driving privileges. This administrative suspension will occur even though you are actively disputing your case, and have not been convicted of the offense.

The length of the administrative suspension depends on the following:

1. Whether you failed or refused to take a certified chemical test
2. Whether you have any prior DUI/OWI convictions

If you submit to a certified chemical test but fail your drivers license will be suspended for 180 days.

If you refuse to submit to the certified chemical test, your drivers license will be suspended for one year, the suspension will be doubled if you have prior OWI convictions

Potential Penalties: The following only references the penalties associated with Operating While Intoxicated (OWI), Driving Under the Influence (DUI), Operating a Vehicle with an illegal B.A.C. , and OWI- Endangerment of a Person offenses.

First Offense: Up to 1 year in jail and a fine of up to $5,000.00

• Community Service
• Alcohol and Drug Counseling
• License Suspension
• Fees and Costs
• Probation

Second Offense: Up to 2.5 years in jail and a fine of up to $10,000.00

• Mandatory jail or community service
• Alcohol/ Drug Counseling
• License Suspension
• Fees and Costs
• Probation

These are the base limits for the aforementioned offenses more severe penalties may be enforced based on the aggravating circumstances of your individual case. Examples of aggravating circumstances include but are not limited to the following:

• Serious bodily injury or death to another person
• Habitual traffic violator

DUI/OWI charge even if you have not consumed Alcohol:

Indiana Code 9-30-5-1(c) states, “A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s body commits a Class C misdemeanor.” Therefore, a person that refuses a certified breath test, and is brought to the local hospital for a blood draw could expose themselves to IC 9-30-5-1(c).

OWI/DUI Defenses

Each and every aspect of your case may be challenged:

• Was the traffic stop justified
• Was the field sobriety test improperly administered

When charged with Operating While Intoxicated the State must prove:

• You were operating a motor vehicle, and
• You were intoxicated or over the legal limit. Under Indiana law, intoxicated means under the influence of alcohol, a controlled substance, any drug other than alcohol or a controlled substance or any combination of alcohol, controlled substance or drugs, such that there is an impaired condition of though, action, and the loss of normal control of a person’s faculties. In Indiana, the legal limit is .08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

Operating a Vehicle:

• Police or a witness must actually see you operating your vehicle

Field Sobriety Tests

• Police will often perform field sobriety test to determine whether you may be intoxicated AFTER being stopped. Blood and breath test scores are not always accurate.
  1. Was the officer properly certified
  2. Was the machine properly calibrated
  3. Was proper protocol followed

Reasonable suspicion for the stop:

The police must observe a traffic violation or have reasonable suspicion that you are operating a vehicle while intoxicated in order to stop your vehicle. Also an officer’s mistaken belief for a traffic violation is not a valid reason to stop you.

An experienced OWI attorney will challenge the test performed on you, investigate your case and challenge the officer’s opinion that you were intoxicated.

Being pulled over for a OWI/DUI can be frightening and humiliating. You may worry about what a conviction will do to your family, your standing in the community, and your employment. Getting to work in the future may be hindered by the loss of your license. At Todd Uzelac Law we understand the emotional turmoil and stress you are going through.

Don’t take your chances. Call the OWI/DUI defense attorneys at Todd Uzelac Law without delay, to protect your rights, your future, and your family.

Indiana Criminal Penalties

Knowledge of the potential penalties of a criminal offense is necessary to forming the proper defense strategy. The majority of criminal cases include a sentencing element knowledge of the potential penalties and the lesser charged offenses is critical to evaluating the overall level of risk you’re exposed to.

Here is a non-exhaustive list of the potential penalties for each classification of criminal offenses in Indiana:

Felony Offenses Committed after June 31, 2014

• Murder: 45-65 years, with an advisory sentence of 55 years
• Level 1 Felony: 20 -40 years, with an advisory sentence of 30 years
• Level 2 Felony: 10 – 30 years, with an advisory sentence of 17.5 years.
• Level 3 Felony: 3 – 16 years, with an advisory sentence of 9 years.
• Level 4 Felony: 2 -12 years, with an advisory sentence of 6 years
• Level 5 Felony: 1- 6 years, with an advisory sentence of 3 years.
• Level 6 Felony: 6 months – 2 years, with an advisory sentence of 1 year.

Felony Offenses Committed Prior to July 1, 2014

• Murder: 45-65 years, with an advisory sentence of 55 years
• Class A Felony: 20 -50 years, with an advisory sentence of 30 years
• Class B Felony: 6 – 20 years, with an advisory sentence of 10 years.
• Class C Felony: 2 – 8 years, with an advisory sentence of 4 years.
• Class D Felony: 6 months – 3 years, with an advisory sentence of 18 months.

All Indiana felonies, regardless of classification or severity, subject an individual to a potential fine of up to $10,000.00.

Potential Penalties for Misdemeanors in Indiana:

• Class A Misdemeanor: Imprisonment of up to 1 year and a fine up to $5,000.00.
• Class B Misdemeanor: Imprisonment of up to 180 days and a fine of up to $1000.00
• Class C Misdemeanor: Imprisonment of up to 60 days and a fine of up to $500.00

Class A Misdemeanors: The highest level of misdemeanors charged in Indiana. Generally Class A misdemeanors are more severe than all other misdemeanors, yet less sever than all levels of felony offenses. Class A Misdemeanors can severely impact future employment, housing, and rights.

• Potential 1 year imprisonment served in the local county jail.
• Courts have wide latitude to modify sentencing to include work release.
• Subject to a fine of up to $5,000.
• Courts have discretion of the amount of fines.

Examples of Class A Misdemeanors include but are not limited to the following:

• Theft
• Criminal Conversion
• Battery with Bodily Injury
• Domestic Battery
• Operating a Vehicle While Intoxicated (OWI)
• Endangering a Person (OWI)
• Operating a Vehicle with a BAC of 0.15 or Greater
• Possession of Marijuana
• Criminal Trespass
• Deception
• Check Deception
• Medicaid Fraud
• Insurance Fraud
• Check Fraud
• Intimidation
• Resisting Law Enforcement
• Prostitution
• Patronizing a Prostitute
• Carrying a Handgun without a License
• Possession of a Controlled Substance

What to do if you are charged with Class A Misdemeanor:

• Do not hesitate seek legal representation immediately

Class B Misdemeanor

Class B Misdemeanors are the second lowest level crimes charged in Indiana. Generally Class B Misdemeanors are viewed as being more sever than Class C, yet not as sever as Class A or felony offenses. Being convicted of a Class B misdemeanor can have sever negative impact on your future.

• Imprisonment of up to 180 days in the local county jail
• Subject to $1000.00 fine
• Courts have wide latitude in regards to the fine and imprisonment to include deferral programs.

Examples of Class B Misdemeanors include but not limited to the following:

• Public Intoxication
• Battery
• Possession of Marijuana
• Disorderly Conduct
• Criminal Recklessness
• Hazing
• Criminal Mischief
• Harassment
• Voyeurism

Class C Misdemeanors

Subject to a term of imprisonment for up to 60 days to be served in a local county jail and subject to a fine of $500.00

• Courts have wide latitude

Examples of Class C Misdemeanors include but not limited to the following:

• DUI/OWI
• Operating While Intoxicate
• Operating a Vehicle with BAC of at least 0.08 but less than 0.15
• Indecent Exposure
• Public Nudity

Felonies

Level 6 Felonies – Lowest level of felonies charged in Indiana. Generally more severe than misdemeanors, yet less than all other levels of felonies.

• Level 6 Felonies subject the accused to a term of imprisonment of 6 months to 2.5 years.
• May be served in the local county jail or possibly a Indiana Department of Correction Prison Facility.
• Courts have great latitude to order sentences be served in alternative placements.

Examples of Level 6 Felonies:

• Theft
• Auto Theft
• Fraud
• Forgery
• Possession of a Controlled Substance
• OWI with Prior Conviction within 5 years
• Neglect of a Dependent
• Criminal Confinement
• Strangulation
• Sexual Battery
• Failure to Register as a Sex Offender
• Residential Entry
• Counterfeiting
• Official Misconduct
• False Reporting
• Possession of Methamphetamine

Level 5 Felonies – Second Lowest level of felonies charged.

• Subject the accused to a potential term of imprisonment of 1 to 6 years.
• Majority served in Indiana Department of Correction prison facility
• Courts have latitude to order sentences to be served in alternative places
• Subject to a $10,000 fine

Examples of Level 5 Felonies:

• Involuntary Manslaughter
• Reckless Homicide
• Vicarious Sexual Gratification
• Child Solicitation
• Sexual Misconduct with a Minor
• Robbery
• Burglary
• Escape
• Dealing in Cocaine
• Dealing in Methamphetamine

Level 4 Felonies –

• Subject the accused to a term of imprisonment of 2 to 12 years
• Served in Indiana Dept of Correction Prison Facility
• Courts have latitude to suspend sentence, work release program or home detention
• Subject to $10,000 fine

Level 3 Felonies –

• Subject to fine of 10,000.
• Imprisonment of 3 to 16 years

Examples of Level 3 Felonies:

• Causing Suicide
• Aggravated Battery
• Rape
• Child Molesting

Level 2 Felonies –

• Term of imprisonment 10 to 30 years
• 10,000 fine
• Voluntary Manslaughter is an example

Level 1 Felonies –

• Term of imprisonment 20 to 40 years
• 10,000 fine
• Attempted Murder

EXPUNGEMENT

Most individuals convicted of a crime have their lives severely impacted, denial of job opportunities, or housing. Expungement of a conviction may provide you with the second chance you need.

The Indiana legislature change the expungement law. The law allows any individual charged with a crime and not convicted of the offense, after one year, to petition the court to seal the record.

Those convicted of any misdemeanor or Level 6 felony reduced to a Class A misdemeanor such as OWI, reckless driving, domestic battery, battery, public intoxication, resisting law enforcement, conversion, invasion of privacy, fraud, theft, sexual battery or any other offense where the judgment is entered as a misdemeanor, may have their conviction expunged after five years from the date of the conviction as long as they have completed their sentence, have a valid driver’s license, have no pending criminal cases, and have not been convicted of another crime for five years.

Those convicted of a Level 6 felony may also have their conviction expunged under certain circumstances. Certain Level 6 felonies may be expunged eight years after the date of conviction as long as they have completed the sentence, have a valid license, have no pending criminal cases and have not been convicted of another crime for 8 years.