The editorial notes that less than half of the Lake County OWI arrests result in OWI convictions. For drunk driving charges that don’t involve high BAC levels or other more serious circumstances, prosecutors are often willing to reduce first offense OWI charges down to reckless driving offenses.

A former prosecutor, now defense attorney is quoted in this article, stating that Lake County is among the most lenient counties in Indiana in prosecuting OWI charges.

It is also noted that not convicting on a drunk driving charge means if that person were to re-offend, they aren’t facing a 2nd offense OWI, with much more serious consequences, and a required ignition interlock device as a condition of license reinstatement.

Prosecutors in Lake County argue that a charge reduced to a reckless driving is not a slap on the wrist. It is a criminal conviction on your record, and an alcohol related reckless driving plea will almost certainly also require an alcohol education program as part of the probation requirements.

Most people who are pulled over and arrested for drunk driving in Indiana have no idea that they may be legally impaired. And while, rates of 2nd offense charges are too high, they are most likely people with serious alcohol problems. Most people arrested once never re-offend. If they made a one time mistake, many will be extra careful about drinking and driving for the rest of their lives.

And even if that person does end up getting charged with a subsequent OWI charge, a judge will certainly see the previous conviction as an alcohol related reckless driving offense, and will not go lightly in any OWI sentencing, whether or not it is on the books as only a first offense.

Fighting an Indiana OWI Charge

This article also shows the value of going with an experienced local Indiana defense lawyer. A lawyer who has defended many DUI offenses in the past will know the local landscape, and what certain courts and judges will go along with in a plea deal. This may not be obvious to someone who doesn’t fight a lot of these cases, so having a defense lawyer who will push for the best possible result is a huge advantage.

When evaluating a criminal defense lawyer in Indiana, you should always ask how many cases like yours they have handled, and what range of results can you expect.

Dismissed criminal cases and increased costs to taxpayers are two of the reasons for the recently announced review. Although there are no details on why several OWI cases have been dismissed, there is indication that the lab is directly responsible.

Blood tests from OWI arrests are typically sent to the state toxicology lab, though some are opting to use outside labs. According to this article, the lab receives about $2.4 million per year in exchange for providing lab results to law enforcement around the state for no added cost. However, when the police elect to go elsewhere with their blood tests, taxpayers foot an additional bill.

Among the potential problems are a lack of evaluation of lab employees, lack of equipment testing, and no oversight on the lab. It is highly unusual for a state University to run the crime lab and this may be part of the problem with no oversight.

The review, now taking place, will address the recent complaints and look in to possible solutions.

Evidence sent to a toxicology lab is very important. Anytime there is physical evidence in the investigation of a criminal case, the integrity of that evidence must remain intact no matter where the evidence travels and who is handling it.

The use of clotted blood, improper record keeping, or poorly calibrated machinery all have the potential to nullify the validity of evidence. The integrity of this evidence is just one thing that a defense attorney should look at when evaluating your case.

If you are facing OWI charges or any other criminal charge and are questioning the evidence against you, contact our Indiana defense lawyers to  discuss your case.

According to WHIO, agencies used over 9000 overtime hours to staff the crackdown and make it a success in getting suspected intoxicated drivers off the road. Roadside checkpoints, where the police make random stops, and areas of heavy officer presence led up to the large number of arrests.

In addition to the OWI arrests, the officers stumbled across other law violations, making additional arrests for outstanding warrants, possession of drugs, and illegal possession of weapons as well.

These type of crackdowns cost the state a whole heap of money, and whether they make the roadways safer is a question mark.

If you’ve ever been stopped in a sobriety checkpoint you may have become quite nervous if you had indulged in some drinks or perhaps were driving on a suspended license.

Typically at these checkpoints, your vehicle is stopped, an officer checks your license and you go on your way. However, if the officer has suspicion something else is going on or detects the odor of alcohol, you may be asked to pull off the roadway.

Seeing your arrest coming before it does is almost more frightening than having it surprise you. If you know you are too intoxicated to be driving and see flashing lights, you likely panic.

OWI is a pretty serious offense. If this is your first charge, you face potential jail time, fines, and a lengthy license suspension. If, however, this is your second or subsequent offense, the penalties are much more serious.

When facing charges like these, it is important to know the potential outcomes. Having an experienced defense attorney on your side can make all the difference in the world, not only when it comes to your results in court but also in regards to your confidence about the case.

If you are facing an OWI charge as the result of this crackdown or any other situation, I want to help. Contact me immediately to discuss your case.

That’s exactly what happened this past week in Muncie when Delaware County Sherriff’s Deputy Bill Curtis pulled over a suspected drunk driver.

Thirty-three year old James Storie was pulled over for suspicion of drunk driving. While being followed by the officer, Storie turned down several side streets before finally pulling over. When Deputy Curtis finally walked up to the minivan he found Storie’s girlfriend’s 12 year old daughter behind the wheel.

Apparently Storie thought his chances were better if he was only caught letting a child drive him home. He was wrong. Deputy Curtis saw through the ply and Storie is now facing charges of neglect of a dependent along with OWI.

Storie ended up blowing a .17 on a breath test, meaning he was over twice the legal limit of .08 percent. Although the IndyStar article doesn’t reveal if this is Storie’s first OWI or not, his number of prior convictions could seriously impact his potential sentence under Indiana law.

For a first time OWI he could face Class A misdemeanor charge. He could lose his license for up to 2 years, be required to serve 180 hours of community servive and take drug alcohol education classes. He could even be sentenced to jail time.

If this isn’t his first OWI conviction, the penalties could be multiplied. A second OWI in a period of less than 5 years is a felony charge. In addition to the potential penalties listed above, he would be required to have an ignition interlock device installed on his vehicle when his license was reinstated.

There are many factors that can influence the charges against you and the sentence they may carry. If you are facing OWI charges or any criminal case in the Indiana courts, call me to discuss the details today.

The son, 19 year old Kosciusko County Deputy Coroner Derrick Sadler was pulled over after speeding, going 73 miles per hour in a 60 mph speed zone. Police found he had a blood alcohol level of .17%. Dad, Coroner John Sadler was contacted to pick up the son’s vehicle but he was found to be intoxicated as well, with a blood alcohol content of .10%.

Both men will face DUI charges now. The legal limit in Ohio is .08% and anything over this is subject to criminal charges.

If this is the men’s first OWI charges the court may take it easier on them. The potential sentence for a DUI charge gets progressively harsher depending on any prior DUI convictions. For instance, a first time conviction carries a potential jail sentence of up to 1 year as well as fines and a license suspension of up to 2 years.

However, a second offense within two years will land you with felony charges. Class D felony charges can carry 6 months to 3 years in prison and fines reaching $10,000. If this is your second OWI within a year your license will be suspended for no less than 1 year.

Having an experienced local attorney on your OWI case can make a difference. If you are facing charges like these, call today for a consultation.

However, the bill may still be changed during the legislative process to require the devices after any 1st offense drunk driving conviction. MADD and other advocacy groups are pushing for an even tougher bill.  Industry groups that represent restaurants believe a mandatory 1st offense IID requirement is far too strict, and unfairly punishes average people who may have made a 1 time mistake and been caught barely over the limit.

An ignition interlock device is a portable breathalyzer that attaches to a vehicles ignition system. In order for the vehicle to be allowed to start, the driver must blow into this device and register under a .03% Breath Alcohol Content. After a second or multiple offense OWI conviction, these devices are required as a condition of license reinstatement during probation. The period of use is typically at least six months.

The Indiana Bureau of Motor Vehicles (BMV) will issue a restricted license for the duration of the requirement as imposed by the courts. The driver will not be allowed to drive any vehicle that does not have an ignition interlock installed, during that period. Motorists must install the device at their own expense, and pay for monthly maintannce and monitoring of the device.

There are additional criminal charges and license suspensions for anyone who either tampers with the interlock devices, or drives another vehicle without one installed.

We will update this site when the law is finalized and passed.

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If you are accused of OWI / drunk driving in Indiana, please contact our attorneys today for your free case evaluation. We can help you decide what do to about your case – whether to contest the charges in court, or work out the best plea agreement possible. The goal is to minimize the difficulties in your life, and the penalties you are likely to face. Contact us today to take advantage.