If you have been accused of DUI in Indiana, you probably have a lot of questions. The DUI lawyers at Chambers Law Office are here for you, ready to handle your DUI case and help protect your rights and your driver’s license. However, in the meantime, below are some frequently asked questions that we get from new callers about DUI charges in Indiana. This information should not replace actual legal advice, but it may help answer some basic questions you may have about your DUI case. And once you’ve read through these frequently asked questions, call Chambers Law Office to speak with one of our DUI attorneys.
QUESTION: Will my license be suspended if I am charged with DUI in Indiana?
ANSWER: It depends, but probably. If you are accused of DUI and your breath or blood test comes back over .08, the court will suspended your license for up to 6 months while the case is pending. If you are convicted of DUI, your license may be suspended for up to the maximum possible penalty for the offense you were convicted.
QUESTION: Can I apply for a hardship license if my license is suspended for DUI?
ANSWER: Yes, in some cases. If you do not need to use your license to drive a commercial vehicle and you are not suspended for refusing a chemical test, you may be eligible for a hardship license. There are some drawbacks to obtaining a hardship license, so make sure to discuss your options in detail with your attorney.
QUESTION: Will I have to serve time in jail if I am convicted of DUI?
ANSWER: Possibly, but not in all cases. Depending in which county your charges are filed, if you don’t have any prior criminal history, probation is often a likely sentence. However, in some counties, judges regularly require a few days a jail, even for a 1st time offender. Additionally, if you have one prior conviction for DUI, the law requires that you serve 5 actual days in jail, and if you have two or more prior DUI convictions, you must serve 10 actual days. Sentences can vary from case and case and court to court, so you should discuss this issue with your lawyer.
QUESTION: What happens if I refused a breath test or blood test?
ANSWER: If you are offered a valid chemical test (breath test or blood test) and you refuse, the court can suspend you license for one year (two if you have a prior DUI conviction). If you are suspended for a refusal, you are not eligible for a hardship license during that time. The prosecutor can agree to terminate the refusal or you can request a hearing if you do not believe you refused, so there are options. Your lawyer should review the details of your case with you to determine the best path forward if you are accused of refusing a chemical test.
QUESTION: What questions should I ask a potential DUI attorney?
ANSWER: It’s important to hire a DUI lawyer that you trust. You should be able to ask her questions and get straight answers. If the lawyer promises you a specific outcome you should RUN! No lawyer can know how a case is going to turn out and shouldn’t be making empty (and unethical) promises. However, your lawyer should be able to tell you the steps you will go through during the case, what issues they will be looking at, and answer your questions about the charges, license issues, and possible penalties. You also want a lawyer who focuses their practice on criminal defense and DUI, as the law evolves often and you want a lawyer who is knowledgeable on DUI law and the criminal process.
Our DUI lawyers, Julie Chambers and Katie Kawiecki, are both former deputy prosecutors. They know the criminal justice system from both sides and use that unique experience to provide excellent DUI defense. If you have been accused of DUI in Indiana, call Chambers Law Office today at 317-450-2971 to speak with a lawyer!