Drunk Driving Attorneys Valparaiso, IN
DUI, OWI, Public Intoxication
Have you been charged with an alcohol related offense? Patton Law can help.
Whether you've been charged with Operating While Intoxicated (OWI), Driving Under the Influence (DUI) or Public Intoxication (PI), the attorneys at Patton Law can help.
If you've been arrested for DUI or OWI you may be panicking... worried you'll lose your license or your job, or have to spend time in jail.
At Patton Law we've helped others who have been charged with alcohol related offenses in Lake, Porter and La Porte Counties and can help you to make sure you have an advocate fighting on your side.
Questions we ask in every OWI case
A chemical test result is evidence, not a verdict. The questions worth asking in almost every case include:
- Did the officer have a lawful basis for the stop?
- Was there probable cause before the chemical test was offered?
- Was the testing equipment certified, and was the operator certified to run it?
- Was field sobriety testing administered to standard?
- Is the prior conviction the State is relying on valid and properly alleged?
- Was the implied consent advisement given correctly?
When an enhancement element fails, the charge may not stand as a felony at all. That distinction is often the difference that matters most to a client's job, professional license, and record.
When you hire our Valparaiso law firm to represent you, we will make sure that your rights were respected at the time of the arrest and at every stage of your case.
You need an experienced DUI attorney on your side. The criminal penalties for DUI vary depending on circumstance and previous charges.
If you are facing a DUI or OWI or Public Intoxication charge and need a criminal defense attorney, contact Patton Law. We will vigorously fight for your rights. Our skilled attorneys will be on your side and will help you reach your goals. Contact us to schedule an appointment to discuss your options today.
What can I expect with a OWI or DUI charge in Indiana?
If you have been arrested, the first thing you want to know is how bad this could get. The honest answer is that it depends on three things: your blood alcohol concentration, whether the State alleges you endangered someone, and whether you have prior convictions.
What follows is what Indiana law allows in each situation. A charge is a starting point, not an outcome.
FIRST DUI
Where a driver has no prior convictions, a first offense in Indiana is a misdemeanor. Which misdemeanor depends on the circumstances.
With a blood alcohol concentration of at least .08 but less than .15, the charge is a Class C misdemeanor, carrying up to 60 days in jail and a fine of up to $500.
With a blood alcohol concentration of .15 or higher, the charge rises to a Class A misdemeanor, carrying up to one year in jail and a fine of up to $5,000. The same applies where the State alleges the driver operated the vehicle in a manner that endangered a person, regardless of the reading.
A conviction also carries a court-ordered license suspension, separate from the administrative suspension the BMV may impose before the case is resolved. Indiana does not set a mandatory minimum jail term for a standard first offense, and probation is common. Indiana Code 9-30-5-1 and 9-30-5-2.
SECOND DUI
A prior OWI conviction within the previous seven years elevates a new charge to a Level 6 felony. A Level 6 felony carries a sentence of six months to two and a half years and a fine of up to $10,000.
Where a driver has one prior conviction, Indiana law also sets a mandatory minimum the court cannot go below: at least five days in jail, which a judge may allow the person to serve as 180 hours of community service instead. This minimum applies even when the current charge is a misdemeanor. Indiana Code 9-30-5-3 and 9-30-5-15.
THIRD DUI CONVICTION
With two or more prior convictions, the mandatory minimum rises to ten days in jail, or 360 hours of community service if the court permits it. Charges at this stage are commonly filed as felonies, and the State may also pursue a Habitual Vehicular Substance Offender enhancement, which can add years on top of the sentence for the underlying offense.
License consequences escalate as well, and a driver adjudicated a habitual traffic violator faces a suspension measured in years rather than months.
Indiana Code 9-30-5-15 and 9-30-10.
Your driver's license is a separate case
This is the part that catches people off guard. The criminal charge and the license suspension run on two separate tracks, and the license track moves first. Your driving privileges can be suspended before you are convicted of anything.
There is also a narrow window at your initial hearing where the right request can keep you on the road while the case proceeds. Miss it and the opportunity closes.
Read: Will I lose my license after an OWI arrest in Indiana?
Serving Northwest Indiana
Patton Law is located on the courthouse square in downtown Valparaiso, and we handle alcohol-related charges throughout Porter, Lake, and LaPorte Counties. Arrests on the Indiana Toll Road or I-65 frequently mean a case in one county while the client lives in another, and many of our clients commute into Illinois for work, which raises its own questions about how an Indiana suspension follows them. Patton Law has practiced in these courts for more than twenty-five years.
Charged with OWI or DUI?
The earlier we are involved, the more options remain open. Emergency consultations and jail visits available.
Request a consultation or call 219-462-0597
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