Michael Diehl Law Michael Diehl Law 2025-03-31T12:47:57Z https://www.hoosiercriminaldefense.com/feed/atom/ WordPress /wp-content/uploads/sites/1302168/2020/02/cropped-Favicon-75x75.png On Behalf of Michael Diehl Law <![CDATA[Defenses for a DUI/OVWI charge in Indiana]]> https://www.hoosiercriminaldefense.com/?p=47066 2020-10-23T18:58:54Z 2020-10-23T18:58:54Z Indiana DUI penalties Motorists can be charged with DUI/OVWI when their blood alcohol content (BAC) is 0.08% or higher, or when Schedule I or II drugs are detected. Possible penalties include:
  • First offense: Up to 60 days in jail and a $500 fine. With a BAC of 0.15% or more, penalties can increase to one year in jail and a $5,000 fine.
  • Second or third offense: Six months to 30 months in jail and a fine up to $10,000 with at least one prior conviction in the past five years.
In addition, driver’s licenses are typically suspended for 180 days for a first offense and a minimum of one year for second and third offenses.

The best DUI defenses

Due to the high stakes involved, it’s vital to consult with an experienced DUI defense attorney. A knowledgeable lawyer examines every piece of evidence and officer actions, including:
  • Illegal stop: Police generally must have a valid reason to pull you over, such as speeding or violations of other traffic laws, or vehicle malfunctions, such as a broken tail light. They can’t stop you on a hunch.
  • Inaccurate or invalid tests: Standardized field sobriety tests can be misleading as people with medical conditions or those taking prescribed medications often fail them. Skewed breathalyzer results happen due to an officer’s inadequate training or defective instruments.
  • Rights violations: You must be fully informed of your rights if arrested, including your right to speak to a lawyer. You should be polite to an officer if you are stopped, but do not answer any questions until an attorney is present.

Document everything

The police officer who made the stop is one of the most significant parts of the prosecution’s case. Make sure you take copious notes of all interactions with police, which can help identify mistakes in the officer’s actions and conclusions. Your lawyer will examine every piece of evidence, including test results, the reasons for the stop and the officer’s behavior to help minimize the case against you, and in some cases, dismissed charges result.]]> On Behalf of Michael Diehl Law <![CDATA[What constitutes a probation violation in the state of Indiana?]]> https://www.hoosiercriminaldefense.com/?p=47028 2020-07-11T20:01:54Z 2020-07-11T20:01:54Z Indiana takes them seriously. Four ways to violate probation Criminal activity: While this might seem obvious, committing more crimes, while trying to prove that jail is not necessary, is not a smart idea. Failing a drug test: No matter what the original offense was, if someone fails a drug test, it is a major violation. Missing a meeting with a probation officer: This one might not seem like a big deal. After all, in the scheme of society, plenty of people miss meetings or show up late to them. Well, probationary rules are different. It still counts a violation. Traveling without clearing it with a probation officer: Especially when the weather is nice and people from all around have get-togethers, it’ll be tempting to just go to events. However, when unauthorized travel occurs, it qualifies as a violation. It is worth noting that no violation should come as a surprise. Probationary terms should be very clearly laid out to whomever they apply to. Because of that, claiming ignorance is not a strong alibi. And if a violation occurs… You could end up serving the entire sentence for the crime committed. According to Indiana Law, further punishment may also come into play, including increasing restrictions in probation, and even increasing the length that one must serve their probation. No matter if one believes that they won’t get caught, they put themselves at risk for jail time for any indiscretion they make.]]>