Experienced OWI Counsel
Flashing lights in your rearview mirror is never a good thing. Whether a Martinsville police officer, a Morgan County Sheriff’s deputy or an Indiana state police trooper, a traffic stop can open a Pandora’s box of problems for you. Simply speaking with law enforcement carries risks if they suspect you of drunk driving.
An Experienced Former Prosecutor
Our attorney understands the risks you face. At The Gaunt Law Office, our attorney is a former prosecutor who has handled hundreds of these cases from both the prosecution side as well as for the defense.
We know the constitutional requirements for traffic stops and how they should be performed. We understand when law enforcement may have made a mistake or violated procedures, potentially making the evidence gathered inadmissible, which can lead to OWI charges being dismissed or dropped.
OWI Charges Can Cost You Your License And Much More
If your blood alcohol concentration (BAC) is reported in excess of .08, you are guilty of drunk driving. Indiana has a ‘per se’ law regarding BAC, so the prosecutor does not need to produce any evidence of impairment beyond your BAC. However, .08 or greater BAC is not an automatic conviction, as how the test was given, if the breath-testing machine was properly calibrated and maintained, all this may influence the validity of the reading.
Protecting You And The Constitution
Our attorney works to vigorously protect your rights and the constitution. A OWI traffic stop presents an officer or trooper with an opportunity to closely examine you and your vehicle. They may even ask if they can search you or your vehicle.
If they see something they believe indicates criminal activity, like syringes, scales or they smell drugs like marijuana, your problems can explode far beyond a traffic citation. They may also bring in a drug sniffing dog, even if you refuse consent for a search of your vehicle. Our attorney understands Fourth Amendment search and seizure law and what to look for during a traffic stop to determine if the police violated the constitution.
Don’t Forget The Administrative Penalties
In addition to the criminal charges, OWI violations carry administrative penalties. If you refused a breath or blood test, your license can be automatically suspended for up to one year by the Bureau of Motor Vehicles (BMV). The loss of driving privileges can cost you your job and your future.
You may be eligible for a ‘hardship license’ ‘specialized driving privileges’ during this period and our lawyer can explain the process, but you should act quickly, as driving with a revoked license is a separate criminal charge on top of any other charges you may face.
Indiana OWI Charges FAQs
We understand that facing OWI charges can be overwhelming and frightening. Having helped numerous Morgan County residents navigate these serious legal matters, we believe it is helpful for you to have clear information about the legal process after an arrest. Below are some answers to frequently asked questions about OWI charges in Indiana.
What are the penalties for a first-time OWI offense in Indiana?
A first-time OWI offense in Indiana carries significant consequences. The penalties typically include:
● Up to one year in jail
● Fines ranging from $500 to $5,000
● License suspension for up to two years
● Mandatory substance abuse evaluation and education
● Possible installation of an ignition interlock device
● Probation requirements
The severity of these penalties often depends on your blood alcohol concentration (BAC) level and whether the incident involved an accident or injuries.
Can I get my OWI charges reduced or dismissed?
Under Indiana law, OWI charges may be reduced or dismissed depending on:
● The circumstances of your arrest
● The accuracy of chemical test administration
● Whether proper procedures were followed during the traffic stop
● The strength of evidence against you
● Your prior criminal record
● Potential constitutional violations during the arrest
Again, each case is unique and requires a thorough evaluation of all evidence and circumstances.
What happens if I am caught with drugs in my system while driving?
If any amount of an illegal drug is detected in your system while driving, you can be charged with OWI. You may face:
● Criminal charges, regardless of whether the drugs were legally prescribed
● Enhanced penalties if illegal substances are involved
● Mandatory drug testing and evaluation
● Additional criminal charges if illegal substances are found in the vehicle
● Possible felony charges depending on circumstances and prior convictions
Indiana treats drug-related OWI offenses as seriously as alcohol-related ones.
How will an OWI conviction affect my future?
An OWI conviction in Indiana can have these long-lasting implications:
● Creation of a permanent criminal record
● Increased insurance rates for several years
● Potential job limitations, especially for positions requiring driving
● Travel restrictions to certain countries
● Impact on professional licenses
● Challenges with background checks for housing or employment
● Possible requirements for SR-22 insurance
Morgan County courts take OWI charges very seriously, reflecting Indiana’s commitment to public safety. That is why, in such situations, you need to understand your rights and responsibilities under the law to make the best legal decision.
Contact Us Now!
OWI charges can cause significant problems for your life. We can help you deal with the charges today. Call 765-343-6260 or use our online contact form to schedule an appointment.
