Everyone makes mistakes. An Arshad, Pangere & Warring DUI attorney can help.
Driving Under the Influence (DUI) also known as Driving or Operating While Intoxicated (DWI or OWI) is one of the least negotiable criminal offenses. Zero tolerance is what to expect from your local prosecuting attorney. Plea bargaining is a rare exception, not the rule. Any DUI puts you at in a very difficult legal position. As your DUI lawyer, Arshad, Pangere & Warring will aggressively work to minimize the damage a DUI and related penalties can cause.
Protect your rights and your future by securing representation from one of our qualified DUI traffic lawyers.
We have the experience to assist you with your Lake County or Porter County DUI or DWI criminal offense. While there are no guarantees for how a drunk driving case will turn out, there are strategies and tactics that the firm’s DUI attorneys can use to ensure your rights are protected and your best interests are advocated.
We understand how scary a DUI traffic violation can be. Through a calm, strategic and methodical approach to handling this type of criminal offense, our criminal defense attorney is often able to lessen or eliminate the additional DUI penalties that may be imposed, depending on:
Likely and often, immediate, changes to driving privileges include:
Your driving privileges and your future are at risk…a DUI record can follow you wherever you go—to job interviews, college applications, and employment. Arshard, Pangere & Warring can protect your rights and your future.
There is a measurement called Blood Alcohol Content (BAC) Under 21: .02% BAC
21 or older: .08% BAC
Commercial: .04% BAC
Here’s a handy chart to learn how many drinks it will take to be considered impaired.
There are multiple offenses that you can be charged with after an OWI / DUI arrest depending on your Blood Alcohol Content (BAC), prior driving history, and whether there was an accident related to the arrest.
For a first time offender who fails a breath test, you can expect to be charged with three distinct offenses: Operating While Intoxicated, Operating While Intoxicated in a Manner that Endangers a Person, and Operating With a BAC of .08 > .15 or Operating With a BAC of .15 or greater, depending on the breath or blood test results. In Indiana, the law enforcement community uses the term OWI, which is the same as a DUI (Driving Under the Influence) in other states.
If you have a previous conviction for OWI or DUI within the five years preceding the arrest, you can expect to be charged with all of the above offenses and an additional charge of Operating While Intoxicated with a Previous Conviction Within Five Years, which is a Level 6 Felony in the State of Indiana.
In addition, if the OWI / DUI arrest results in an accident causing serious bodily injury or death, you can expect to be charged with additional felony offenses.
Yes. Anytime a person allegedly fails a breath or blood test, the Indiana BMV will initially suspend that person’s license for a period of six months. If you refuse to take the chemical test, the BMV will suspend you for a period of 1-2 years depending on your prior OWI / DUI history. Typically, this suspension will begin either after the BMV is notified of the breath test failure or at your Initial Hearing, depending on what county you are arrested in.
Obviously, the loss of one’s license can cause great hardship on you and your dependents. An experienced and aggressive OWI / DUI defense attorney can help dramatically reduce or even terminate these suspensions.
Yes. If your license is suspended due to an alleged breath test failure, you may petition the Court for a restricted license. In January of 2015, the State of Indiana enacted a law allowing anyone with a breath test failure suspension to petition the court for “Specialized Driving Privileges” under certain circumstances. This license can allow you to drive for work and school while your OWI / DUI case is pending. In addition, under certain circumstances, a person who is suspended for being deemed a Habitual Traffic Offender may petition the Circuit or Superior Court for “Specialized Driving Privileges.” Please feel free to contact my office if you would like to discuss your “hardship license” options.
After being pulled over, the officer will ask you to take a series of Field Sobriety Tests. These tests are administered by the officer according to that officer’s department’s standard procedures, and the results are based solely on the officer’s observations and opinions. Legally you are not required to submit to the Field Sobriety Tests and may refuse to do so. You are not entitled to have a lawyer present during the Field Sobriety Tests or prior to taking any breath test.
After your arrest, you are entitled to request a DUI attorney. It is important to exercise this constitutional right to avoid making any incriminating statements to the arresting officer or any law enforcement personnel.
Everyone has the constitutional right to represent him or herself in court. However, an experienced OWI / DUI lawyer can be invaluable to help you navigate through the legal process. Hiring a knowledgeable DUI attorney is best, and will help you analyze all aspects of your case. This includes a critical analysis of the police officer’s report, the breath or blood test procedure used by the officer and the reason for the initial traffic stop. An analysis of the above factors is helpful when determining whether to take your case to trial or to take a plea bargain. Often entering a plea agreement with the State is helpful to reduce your license suspension consequences.
No. The arresting officer is only required to advise you of your Miranda rights if you are in custody and being interrogated.
This is where the assistance of an experienced OWI / DUI defense attorney can be invaluable. It is important to remember that the State of Indiana bears the burden of proving your guilt beyond a reasonable doubt. The results of your Field Sobriety Tests are based solely on the arresting officer’s observations and opinions. In these situations, the officer is required to follow strict procedures to ensure the accuracy of the results. Often times the arresting officer does not follow these procedures precisely, which can cause a problem for the State to prove guilt beyond a reasonable doubt. As for the breath test, there is a great deal of debate among the scientific community as to the reliability of the measurement of alcohol by breath tests. An experienced toxicologist can help testify as to the inaccuracies of these tests and help create reasonable doubt.
Conveniently located in Merrillville, Arshad, Pangere & Warring, LLP offers consultations for those living in Northwest Indiana, Lake County or Porter County, including Crown Point, Lake Station, Merrillville, and Valparaiso. For an aggressive and effective criminal defense team to advocate on your behalf, call the firm at 219-736-6500or use the convenient online contact form on this site.
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Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.