Indianapolis DUI Attorney

Experienced DUI Lawyer Serving Marion County, IN

When arrested and charged with DUI in or around greater Indianapolis, do not make the mistake of thinking this is a minor matter. Contrary to what others may have told you, DUI charges are a serious state crime. A DUI is a criminal charge like any other, with penalties that may be imposed, including jail time, probation, a license suspension, and court fines. A DUI conviction may also result in a significant increase in your auto insurance rates. And, if you are found guilty, you will wind up with a permanent criminal record accessible by anyone in a routine background check.

Understanding the nuances of DUI law can be daunting, which is why it's crucial to have knowledgeable representation. Each DUI charge can present unique challenges depending on the specifics of the incident and your personal history. A dedicated legal team can provide insights into potential defenses and guide you through Indiana's legal system efficiently.

At Colasessano Law LLC, we bring substantial legal and trial experience to all charges. Whether this is a first offense or a more serious subsequent DUI, you will have the benefit of over 30 years of criminal defense against such charges on your side. Our Indianapolis DUI lawyer approaches every individual represented as a valued client who deserves legal service and ability at the highest possible level. That personalized approach has led to our success as a proven and trusted criminal defense firm in the Indianapolis area. 

Arrested for DUI? Get a free case evaluation at Colasessano Law LLC by contacting us online or calling (317) 203-8541.

DUI Laws in Indiana

Driving under the influence of alcohol and/or drugs in Indiana is officially referred to as “operating a vehicle while intoxicated” (OWI). Depending on certain factors, you can be charged with a Class C to a Class A misdemeanor or a felony in DUI cases. 

The legal landscape for DUI offenses is constantly evolving with new statutes and amendments regularly introduced. Staying informed of the current DUI laws and understanding how they apply to your charge can be a critical part of your defense strategy. Consulting with a DUI attorney who is well-versed in current legislation and court rulings can make a significant difference in your case.

In Indiana, OWI laws also cover prescription medications and controlled substances, even if they were lawfully prescribed. This means you can face charges based on alleged impairment, not just a breath test result. In Marion County courts, judges and prosecutors review factors such as your driving behavior, performance on field sobriety tests, and any chemical test results together when deciding how to treat your case. Working with a drunk driving attorney who understands how these factors are weighed locally can help you evaluate your risks and options at each stage.

The factors that will determine the type of charge you face can include:

• First, second, or subsequent DUI: Repeat offenses typically carry harsher penalties.
• Your blood alcohol concentration (BAC) level: High BAC levels may increase the severity of charges.
• Whether you were driving with a minor: Enhancements exist for DUI charges involving minors.
• Serious injury or death: Incidents involving harm may elevate charges to felonies.

If your BAC is measured at 0.08 percent up to 0.14 percent, it will be considered a Class C misdemeanor. If your BAC is measured at 0.15 percent or higher, you will be charged with a Class A misdemeanor.

Penalties for a first offense can include up to two years of probation, fines ranging from $500 up to $5,000, jail time of up to a year, a license suspension of up to two years, court costs and fees, completion of a substance abuse education program, and participation in a victim impact panel. 

Understanding the potential impact of these penalties on your personal and professional life is essential. DUI convictions can affect your employment, result in the loss of your driving privileges, and lead to increased insurance premiums. It is vital to fully comprehend the legal ramifications to prepare and strategize effectively with your legal team.

Subsequent offenses will result in increased fines, potential jail time, license suspension, probation, and more. 

Is a DUI a Felony in Indiana?

In Indiana, a DUI (driving under the influence) can be classified as either a misdemeanor or a felony, depending on various factors related to the offense. Generally, a first-time DUI offense is considered a misdemeanor. 

However, there are certain circumstances under which a DUI can be elevated to a felony charge:

• Repeat offenses: If the individual has previous DUI convictions within a certain period (typically 5 to 10 years), a new DUI offense may be charged as a felony.
• Injury or death: If the DUI incident results in serious bodily injury or death to another person, it is likely to be charged as a felony.
• Driving with a suspended license: If the individual is driving under the influence while their license is already suspended for a previous DUI or other serious traffic violations, this can lead to felony charges.
• High blood alcohol concentration (BAC): A significantly high BAC level at the time of the arrest may also influence the severity of the charge.
• Minors in the vehicle: Driving under the influence with a minor in the vehicle can elevate the charge to a felony.

The specific classification and penalties for DUI offenses can vary, so it is important to consult the latest Indiana statutes or a legal professional for precise information regarding a particular charge.

In addition to these circumstances, the context of the arrest, such as whether it was your first offense or if there were aggravating factors, greatly affects the outcome. Therefore, having a competent legal team can aid in interpreting these conditions and how they apply to your situation, potentially influencing court decisions.

For drivers facing a potential felony case in Indianapolis, the stakes are especially high because felony convictions can affect housing, professional licenses, and even voting and firearm rights. Marion County prosecutors often pay close attention to prior records, accident reports, and victim impact statements when deciding how to file and resolve felony-level DUI cases. When you work with a DUI defense lawyer in Indianapolis who understands how local prosecutors evaluate these files, you are better positioned to weigh plea offers against the risks of trial and to make informed choices about your future.

Understanding the Consequences of a DUI in Indianapolis

Being charged with a DUI in Indiana can have serious consequences, including fines, license suspension, and even jail time. It is important to understand the potential impact on your life and future, and to have a strong defense strategy in place. Our experienced Indianapolis DUI attorneys can help you navigate through the legal process and work toward the most favorable outcome for your case.

The consequences of a DUI are not just legal; they affect many facets of your life. A conviction can impact your career opportunities and personal relationships, given the stigma associated with criminal records. License suspension can drastically alter your ability to perform daily tasks, emphasizing the necessity of seeking competent legal advice promptly.

In Indianapolis, many people rely on driving to reach jobs in surrounding communities or across the I-465 loop, so even a short license suspension can have major financial consequences. Some individuals may qualify for specialized driving privileges that allow limited driving to work, school, or medical appointments, but these privileges are not automatic. A drunk driving attorney can help you evaluate whether you are eligible, what conditions might apply, and how a petition to the Marion County courts would fit into your overall defense strategy.

Consequences of a DUI may include:

• Driver's license suspension
• Increased insurance rates
• Criminal record
• Fines and court costs
• Possible jail time

Don't face these consequences alone. Contact Colasessano Law LLC Office LLC today to discuss your DUI defense options.

Defenses for DUI in Indianapolis

Even if you tested over the legal limit, defenses exist against a DUI charge. Our experienced DUI defense attorney can offer a vigorous defense on your behalf. 

In preparing for defense, it is crucial to understand that no DUI charge is open-and-shut. Breathalyzer results, field sobriety tests, and the circumstances of your arrest can all be scrutinized. A comprehensive defense approach considers every facet of evidence, potentially uncovering procedural errors or misinterpretations of data that could significantly alter the outcome.

We will investigate your case and ask these and other vital questions:

• Did the officer have sufficient cause to stop your vehicle?
• Did the officer properly administer the breath test?
• Were you properly advised of your rights?
• Was the testing equipment properly calibrated and maintained?

After fully investigating the facts of your case through the process of discovery, we will give you a candid assessment of where you stand and your chances of success at trial. If you wish to take your case to trial, we will be prepared to aggressively defend your rights in court. 

If you prefer to seek a plea agreement, we will negotiate on your behalf with the prosecution to seek an agreement that will minimize your exposure to adverse penalties. In some instances, cases may be thrown out based on certain facts and circumstances.

Local DUI Defense in Marion County: Understanding Your Community

Living in Marion County, including areas like Broad Ripple, Fountain Square, and Irvington, means you're part of a vibrant and diverse community. However, facing a DUI charge here can be particularly challenging due to the stringent enforcement by local authorities such as the Indianapolis Metropolitan Police Department (IMPD) and the Marion County Sheriff's Office. These entities are committed to maintaining road safety, which means DUI charges are taken very seriously.

One of the common pain points for residents in Marion County is the impact of a DUI on their daily commute. With major highways like I-65, I-70, and I-465 running through Indianapolis, a license suspension can severely disrupt your ability to get to work, school, or other essential activities. Additionally, the local court system, including the Marion County Superior Court, is known for its rigorous handling of DUI cases, making it crucial to have a knowledgeable defense team on your side.

At Colasessano Law Office LLC, we understand the unique challenges faced by our local clients. We know the ins and outs of the local legal landscape and are familiar with the specific procedures and tendencies of the Marion County courts. Our goal is to provide you with a defense strategy that not only addresses the legal aspects of your charge but also considers the practical implications on your life in Indianapolis.

Additionally, understanding cultural and demographic factors within these neighborhoods is vital for presenting your case effectively. Your choice of legal representation can positively influence how your actions are perceived, considering the community dynamics and expectations.

Whether you're navigating the bustling streets of downtown Indianapolis or the quieter neighborhoods of Meridian-Kessler, a DUI charge can feel overwhelming. But you don't have to face it alone. Our team is here to help you understand your options and work toward a favorable outcome so you can get back to enjoying all that Marion County has to offer.

First Offense DUI in Indianapolis: What to Expect

For many people in Indianapolis, a first DUI arrest is their first experience with the criminal justice system. The uncertainty about what will happen in Marion County Superior Court, how long the case will take, and whether jail is likely can be overwhelming. Understanding the typical path of a first offense helps you make clear decisions instead of reacting out of fear. It also allows you to work with a first offense DUI attorney to focus on the issues that matter most for your future.

In a standard first offense case, you can expect an initial hearing where the judge advises you of the charges, sets bond conditions, and schedules future dates. From there, there may be several pretrial conferences where your lawyer reviews discovery, negotiates with the prosecutor, and advises you on offers and defenses. Throughout this period, license issues often run on a separate track through the Indiana BMV, so you may be dealing with both court dates and administrative deadlines at the same time.

Some first-time cases in Indianapolis may qualify for diversion programs or plea agreements that limit jail exposure and focus instead on probation, treatment, and license restrictions. Whether those options are on the table depends on your record, the facts alleged by law enforcement, and current policies in the Marion County Prosecutor’s Office. We walk you through the range of possible outcomes, the collateral effects on employment and background checks, and the steps you can take early—such as counseling or voluntary classes—to show the court you are taking the situation seriously.

Our DUI Defense Process in Marion County Courts

When you are charged with DUI in Indianapolis, you should know what your defense team will actually do for you from start to finish. A clear process helps you stay informed and reduces the stress of waiting for the next court date. Over more than 30 years in criminal courts, we have developed a structured approach that we adapt to the facts of each case while keeping you closely involved in every decision.

We begin by listening to your account of the traffic stop, arrest, and any prior contact you had with law enforcement. We then obtain police reports, video, and chemical test records from the Marion County Prosecutor’s Office and compare them to what you described. As we identify strengths and weaknesses in the state’s file, we explain them in plain language so you understand where your case stands, rather than hearing only legal jargon or broad reassurances.

Next, we outline the realistic options available—negotiated resolution, filing specific motions, or preparing for trial—and discuss how each path could affect your license, record, and daily life in Indianapolis. We prepare every matter with the possibility of trial in mind, which means gathering supporting records, considering expert review when appropriate, and making sure you are ready for what will happen in the courtroom. Throughout the process, we return calls, emails, and texts promptly so you never feel in the dark about your Marion County case or the next step in your drunk driving defense.

Our Experienced Indianapolis DUI Attorneys Can Help

Call our firm immediately following any DUI arrest. We have earned a reputation as tough trial lawyers with decades of experience handling DUI cases throughout Indiana. No case is too complex for us to take on. Our experienced Indianapolis DUI lawyers work diligently through investigation, preparation, and trial advocacy to pursue a favorable resolution based on the facts of your case.

Choosing the right legal assistance following a DUI charge is a critical decision. At Colasessano Law Office LLC, our commitment to your case involves thorough preparation and an adversarial stance to ensure your rights are staunchly defended. This support goes beyond legal advice; we offer strategic direction tailored to your specific concerns and case details.

When you work with us after an arrest in Indianapolis, you deal directly with an attorney from the first consultation through the resolution of your case. We take time to explain what will happen at each court appearance in Marion County, what paperwork you will receive from the BMV, and how different options could affect your record and license. Because we prepare every matter as if it could go to trial, prosecutors know we are ready to challenge weak evidence, which can influence how they evaluate a case and may create more room to pursue a favorable resolution.

Field Sobriety Tests & Legal Implications in DUI Cases

A common procedure during a DUI stop involves field sobriety tests, which officers use to evaluate a driver's level of impairment. These tests can include the horizontal gaze nystagmus, the walk-and-turn, and the one-leg stand. Each test is designed to identify physical and cognitive impairments caused by alcohol or drugs. While these tests may appear straightforward, numerous factors can influence their execution and results, such as medical conditions, fatigue, and even the setting where the test is conducted.

Understanding the limitations and potential inaccuracies of field sobriety tests is crucial. In Indianapolis, a DUI defense lawyer often scrutinizes the administration of these tests to ensure they comply with standardized protocols. Questionable results can lead to evidence being challenged in court. Awareness of the procedural aspects of field sobriety testing can significantly enhance your defense strategy and may result in reduced charges or dismissals.

In many Marion County cases, video from an officer's body camera or dash camera becomes a key part of evaluating how field sobriety tests were conducted. We routinely review this footage alongside police reports to compare what the officer wrote with what actually occurred roadside. If instructions were unclear, if the roadway was uneven, or if traffic or weather conditions made testing difficult, those facts can be used to question how much weight the court should give to the test results and to support a stronger negotiation position.

How Alcohol Education Programs Affect DUI Outcomes

For some DUI offenses, courts in Indianapolis may require participation in alcohol education programs as part of sentencing. These programs aim to educate offenders on the risks of impaired driving and promote behavior modification to prevent future incidents. Completing a program successfully can sometimes influence the court to reduce penalties or dismiss certain elements of a sentence.

Participation in such programs demonstrates a proactive commitment to rehabilitation and responsibility, often viewed positively by the judiciary. At Colasessano Law Office LLC, we guide clients on how this and similar actions may positively impact their court outcomes. Understanding the role of these educational programs within the context of Indiana DUI laws can be pivotal in minimizing long-term legal and personal consequences.

In Marion County, alcohol education or treatment may be recommended through probation, a diversion agreement, or as a condition of specialized driving privileges. Judges often look at whether you enrolled promptly, attended consistently, and followed any recommendations that came out of an assessment. We help you understand which options are available in the Indianapolis area, how to document your progress, and how to present that information in court so the steps you have taken are clear and can be considered when your case is resolved.

FAQs About DUI in Indianapolis

What Should I Do Immediately After a DUI Arrest?

After a DUI arrest, it is vital to remain calm and cooperative with law enforcement. Refrain from discussing details of the incident until you have legal representation. Contacting a DUI attorney quickly is essential, as they can provide guidance on what steps to take next, such as license suspension reviews or court appearances. Retaining an Indianapolis DUI lawyer early can help secure evidence, such as police reports and video footage, which can be crucial to a defense strategy.

How Can a DUI Affect My Career?

A DUI conviction can have significant repercussions on your career. Many employers conduct background checks and may view a DUI unfavorably, affecting hiring or promotion opportunities. For professionals with careers involving driving, such as delivery personnel or commercial drivers, a DUI can result in job loss or license revocation. Understanding these risks underscores the importance of an effective defense, which can limit the impact on your professional reputation and opportunities.

Is It Possible to Contest Field Sobriety Test Results?

Yes, it is possible to contest the results of field sobriety tests. These tests can be subject to human error, environmental conditions, and personal health issues that can skew results. An experienced DUI defense lawyer in Indianapolis can evaluate the validity of these tests by assessing whether they were administered correctly and consistently with established standards. Contesting test results may lead to significant outcomes, such as dismissals or reduced penalties.

What Are the Options If I Fail a Breathalyzer Test?

Legal options remain even if you fail a breathalyzer test. DUI attorneys will examine the device's calibration and maintenance records, as well as the circumstances under which the test was administered. Any discrepancies or procedural errors can be contested in court. A failed test does not guarantee a conviction, and a DUI lawyer can explore various defenses to protect your rights.

How Does a DUI Affect Auto Insurance Rates?

After a DUI conviction, auto insurance rates typically increase due to the high-risk driver designation. Insurance companies may even cancel a policy or refuse renewal. Navigating this challenge involves exploring options with your current provider or finding a new insurer willing to offer coverage at a reasonable cost. Maintaining a clean driving record post conviction is crucial to eventually lowering rates back to standard levels.

Arrested for a DUI in Indianapolis? Get a free case evaluation with Colasessano Law LLC by calling (317) 203-8541 or contacting us online to speak with an experienced DUI attorney.