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Indianapolis Criminal Defense Law Blog

How should one behave at a DUI checkpoint?

Many drivers do not realize DUI checkpoints are absolutely legal in the state of Indiana. They are necessary to preserve public safety, and they typically result in many arrests when they go up. One recent effort in Indiana resulted in the police arresting six drivers. 

The best way to avoid arrest at a DUI checkpoint is to avoid driving while intoxicated. However, as you approach a checkpoint, there are certain actions you want to avoid even if you have had nothing to drink. 

Murder is not an uncommon crime in Indiana

Indiana is a beautiful state known for its agriculture and Midwestern friendliness. There is much to enjoy and love, but there are aspects of the area that are not quite so savory. According to Northwest Times, South Bend and Indiana are both among the top 30 cities in the United States for murder rates. This alarming fact brings to light the fact that there is a strong need for effective criminal defense in the state. 

While murder rates might be exceptionally high, not all who are accused are guilty. Law enforcement is not infallible, and sometimes lacking evidence allows the wrong person to be named as a suspect. Following are three things you should know about facing murder charges and building a defense:

Expunging a criminal record in Indiana

If you have a criminal record in Indiana due to a conviction for an offense you committed, you are certainly aware of the negative impact it can have on your life. You may miss out on many promising opportunities because your prior conviction continues to follow you into the future, where you are asked about it on job applications and other disclosures.

The good news is that expungement is one way to erase your criminal record in Indiana. While expungement is not available for all offenses, it may be an option in your particular case.  

Can I challenge a DUI in Indiana?

Driving under the influence, or DUI, is an offense recognized by all 50 states under the law. Although individual state laws regarding DUI can and do vary, the federal standard for impaired driving is set at a blood alcohol concentration, or BAC, limit of .08. If Indiana police stop you with a BAC at .08 or higher, they could charge you with a DUI.

If police charge you with a DUI, you may be wondering what your next steps are and if you will need legal representation moving forward. Getting a DUI on your record is an offense that can impact your life and your future in various detrimental ways, and you should not take it lightly.

Avoid sleeping in your car after a night of drinking

Indiana police have made wider efforts to prevent people from driving after drinking alcohol. This includes setting up more DUI checkpoints and remaining more vigilant about drivers who appear intoxicated. 

After consuming an excessive amount of alcohol, some people are smart enough to know they should not drive. Instead, they get inside their cars to sleep it off until they feel better. However, in the middle of the night, the police see someone inside a vehicle and perform a welfare check to make sure everything is all right. You may think you are in the clear, but you could face arrest for DUI even though you slept. 

Differences between DUI and aggravated DUI

Indiana law enforcement remains dedicated to ensuring people do not get behind the wheel drunk, and if they do drive drunk, they receive punishment. In 2013 alone, 6,983 arrests took place in the state for DUI. 

DUI conviction is bad enough on its own. The driver may have to contend with a suspended license, a hefty fine or even prison time. However, the exact punishment will depend on the exact crime charged. An aggravated DUI will carry harsher sentences than a standard DUI, and it is important for people to understand the difference. 

How do DUI laws differ for commercial drivers?

When it comes to remaining sober while operating a vehicle, Hoosiers know how to obey the law. According to a recent study, Indiana had one of the lowest rates of DUI arrests and incidents in 2017.

Everyone needs to remain cognizant of the law and avoid consuming alcohol before going on the road. While a DUI charge can be catastrophic for anyone, it is particularly dangerous for people who operate commercial vehicles, such as 18-wheelers. In addition to facing jail time and fines, commercial drivers may also lose their commercial licenses, preventing them from going back to their old jobs. Additionally, commercial drivers need to be aware that there are some key differences in the law when it comes to people who own a commercial driver's license.

3 reasons for teens to expunge their criminal records

Many teenagers end up making mistakes that haunt them for the rest of their lives. Fortunately, young people may not have to deal with the consequences of such crimes by seeking an expungement. By filling out the proper forms and seeking the assistance of an attorney, you can get your life back on track. 

Whether you have a DUI or a drug charge in your past, it may be possible for you to have the charge removed from your record. Lawyers refer to this process as expungement, and there are a number of ways a person will benefit throughout life. 

Are parents liable for a child's DUI?

Although Indiana has one of the lowest DUI rates in the country, there is still a sizable number of people who lose their lives each year as a result of drunk driving. In 2014, approximately 239 people died on Indiana roadways in alcohol-related crashes.

Driving under the influence of alcohol is dangerous for anyone, but it is particularly dangerous for people under the age of 21. A child can face numerous consequences, including everything from losing college scholarships to facing jail time. However, there are some circumstances where the parents can face penalties as well for the actions of the child. These situations have their limits, and a parent's liability ultimately comes down to specific circumstance. 

Can you face arrest with a BAC less than 0.08 percent?

Operating a vehicle while under the influence of alcohol is one of the most dangerous things you can do. According to data collected by Indiana's DMV, nearly a third of fatal car accidents are a result of people with a blood alcohol content level higher than 0.08 percent. 

0.08 percent is the legal limit in most states. While some advocacy groups have pushed for even lower limits, most lawmakers agree that 0.08 percent is the point where most people become too inebriated to safely operate a car. However, it is still possible for police to place you under arrest for DUI even if you have a BAC less than 0.08 percent but higher than 0.00 percent. 

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Todd L. Sallee, Attorney at Law

155 East Market Street, Suite 575
Indianapolis, IN 46204

Phone: 317-643-5507
Fax: 317-630-4824
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