Moore & Associates PC

Indiana OWI laws for minors are different from adults

2024-09-13T07:48:52Z

If your son or daughter is under age 21 (the legal drinking age in Indiana) and gets behind the wheel of a car to drive after consuming alcohol, there’s a lot at stake. Such incidents not only can have immediate repercussions but can also have implications for the future. Some teenagers who drink believe they can legally operate a motor vehicle if their blood alcohol content (BAC) level is below .08; however, that’s not the case. Throughout Indiana, the police can take a person under age 21 into custody for OWI if his or her BAC is .02 or higher.

At .08 or higher, the court will penalize a minor arrested for suspected drunk driving as an adult if convicted. In this case, your teen would have a criminal misdemeanor on his or her record. If, after an arrest, your son or daughter were to refuse to take a Breathalyzer test, the court would suspend his or her driver’s license.

Understanding implied consent laws for OWI in Indiana

If a police officer asks your teen to take a Breathalyzer test following an arrest, non-compliance activates an automatic one-year license suspension. When a person signs a driver’s license, he or she agrees to take a breath test upon arrest. This is known as “implied consent.” It is possible to request a hearing to try to obtain a hardship license, which is a court-approved license that enables the holder to keep driving, such as to commute to and from work.

Insurance premiums may skyrocket after an OWI arrest

Car insurance premiums typically increase when a teenage driver incurs a drunk driving conviction. If your son or daughter attends college on a scholarship, an OWI might trigger a revocation. In fact, depending on the school, a student facing an OWI conviction might receive an expulsion.

Getting a teen help when OWI charges have disrupted your lives

Many Indiana parents understand what it’s like to have a minor son or daughter with a substance abuse problem. While not every teenager who faces OWI charges is addicted to drugs or alcohol, there are rehabilitation resources available for those who are. A good place to start to find your child help is to speak with the social worker connected to his or her case.

It’s also helpful to connect with legal support to ensure that you understand how the juvenile justice system works, what Indiana laws are regarding underage OWI, and what your parental rights are as far as being present during questioning and other important issues. With a strong support network in place, you can help your teen obtain as positive an outcome as possible in court.

Criminal defense regarding the Fourth Amendment

2023-12-04T07:28:52Z

Residents of Indiana and all other states have protection against unlawful searches and seizures under the Fourth Amendment of the U.S. Constitution. This may be of particular importance to you if the police have recently pulled you over in a traffic stop, entered your home, or arrested and charged you with criminal charges. Understanding the Fourth Amendment may help you plan a strong criminal defense.

The term “reasonable” comes into play when determining whether a personal rights violation has occurred regarding the Fourth Amendment. Did the police search your vehicle or enter your home against your consent? If so, did they have a “reasonable” cause to do so? The question is: What constitutes as “reasonable?” Understanding your rights and knowing where to seek support to defend them can help you achieve a positive outcome when facing criminal charges in an Indiana court.

Unless exceptions apply, it is unreasonable to search a home without a warrant

If police knock on your door and request entry to search your home, you have the right to request proof of a validly authorized warrant. If the officers in question do not show you one, it would legally be “unreasonable” to enter and search your home without your consent. If exigent circumstances exist (such as evidence that a crime is underway inside the house at that moment), police may conduct a warrantless search.

Special rules apply regarding searches by school officials

If you’re a student or the parent of one, be aware that school officials do not need any type of warrant to conduct a search of a person or property of a person who is under their authority at the time. This means that, if a school official wants to search a locker, for instance, it is legally reasonable to do so in all circumstances.

Patting a person down is permissible during a lawful traffic stop

If an Indiana police officer has reasonable cause to pull you over in a traffic stop, the officer can also conduct a search of your person, meaning “pat you down.” The key to a criminal defense in this instance would be whether the officer, in fact, had a reasonable cause to pull you over in the first place.

A law enforcement officer cannot arbitrarily stop you at random. If an officer pulls you over in a traffic stop, he or she must have a justifiable reason to do so -- a provable suspicion that you have violated traffic laws or committed a crime. Police cannot stop you because of racial profiling or because they are acting “on a hunch” that causes them to suspect you in some way. They must be able to articulate the exact reason they pulled you over.

Police must have probable cause to arrest you

Even if an Indiana police officer had reasonable cause to pull you over in a traffic stop, he or she cannot take you into custody without probable cause, which is different from reasonable suspicion. Probable cause means that an officer has determined that there is evidence to suggest that you have committed a crime, such as failing a field sobriety test, which is probable cause to arrest you for drunk driving.

If you believe that a personal rights violation of the Fourth Amendment has occurred, you can seek criminal defense support to determine a best course of action regarding how to use the information to achieve a positive outcome in your case.

Non-alcohol foods and beverages that can spur a DUI arrest

2024-09-13T07:49:05Z

As a licensed driver in Indiana, you must always adhere to traffic laws when you're behind the wheel. If a police officer pulls you over for suspected drunk driving, you'll likely be asked to do several things, such as exit your vehicle and submit to a preliminary alcohol screening. You might assume that, if you have not consumed alcohol, you can easily pass a breath test. However, do you know there are several non-alcohol foods and beverages that can cause you to fail such a test, resulting in a DUI arrest?

It is imperative to have a clear understanding of Indiana DUI laws, as well as to be aware of your rights, so that you know what you must do and what you do not have to do during a traffic stop. For instance, you are free to decline a request to take a roadside breath test. If you're going to take such a test, you will want to know more about foods and beverages that can cause you to register positive for alcohol, even if you have not been drinking.

Consuming these products can register false positives on a breath test

You might think it sounds illogical to say that you could undergo a DUI arrest when you have not consumed any alcohol. The following list shows several foods and beverages that can cause a preliminary alcohol screening device to register a false positive:

Energy drinks
Fermented soda or health drinks
A protein bar
Ripe fruit
Macadamia nuts
Sourdough bread
Sugar-free chewing gum
Hot sauce

You might have enjoyed a night out with your friends at your favorite wings place. You’re the type of person who thinks “the spicier, the better” when it comes to wings. Even if you did not drink any alcohol, you could wind up being taken into custody for DUI if you take a breath test during a traffic stop and the hot sauce you used earlier that evening causes a false positive.

Additional issues that can cause you to fail a DUI breath test

Foods and beverages aren't the only issues that can cause you to register positive for alcohol on a breath test when you haven't consumed any alcoholic beverages. If you are hypoglycemic or have diabetes or acid reflux, these conditions can also cause faulty results on a roadside breath test device.

Stay calm, and know how to defend your rights

Being arrested for DUI does not necessarily mean a conviction, or even that your case will go to trial. In any event, it is helpful to have a clear understanding of Indiana laws and to know your rights, as protected under the U.S. Constitution. If you believe a personal rights violation has occurred or that you registered a false positive on a breath test, you can address such matters in court, with the hope that the evidence you present will convince the judge to rule in your favor.

Is there an expungement in your future?

2024-09-13T07:46:43Z

If you are one of many Indiana residents who have a criminal record, you no doubt understand the negative implications such issues can have in a person's life. You might be worried about your ability to get a new job or other disadvantages that may arise because you face conviction for a crime. In certain circumstances, you might be eligible for expungement. This is a legal term in criminal law that refers to a ruling the court makes to remove arrests or convictions from a person's criminal record. Some describe it as “wiping the slate clean” because the removal makes it as if the crime or arrest never occurred. Not every person convicted of a crime can have his or her record expunged. There are several key issues to keep in mind if you are hoping that this might be an option in your case.

You must file a petition and appear in court to request expungement

No one is going to offer to expunge your criminal record, although several states are enacting laws to automate the expungement process. Usually, you must request it of the court by filing a petition and appearing before a judge. A certain amount of time must pass without you facing an additional arrest before you are eligible for expungement.

What are the rules in Indiana?

In this state, a period of five years must past from the date of your conviction before you can request expungement. You must not have incurred any additional criminal convictions within those five years. You may also not have any criminal charges pending and must have satisfied all requirements for the conviction on your record. Not all crimes can be expunged from a criminal record. For instance, if you face a violent crime conviction, you may not be able to have it removed from your record, even if you have served your full sentence.

An expungement helps people move on in life after legal trouble

If you were arrested, charged and convicted of a crime in Indiana, you may have served time in jail or faced substantial fines as part of your sentence. The court might have also ordered you to perform community service or enter a rehabilitative program, such as for substance abuse, driver safety or some other issue. Having a conviction on your record after fulfilling all of the requirements of a sentence can hinder your quality of life. Expungement provides an opportunity to start afresh without worrying that a prospective employer or someone else will see your record and question you about your past.

Facing false domestic violence allegations?

2024-09-13T07:49:13Z

If you are one of many Indiana residents who are currently navigating a divorce or child custody proceedings, you might be feeling a bit overwhelmed and stressed. This is especially true if you and your ex do not get along well. If someone has falsely accused you of domestic violence, you are not alone in your struggle. Many spouses have had to fight for justice in this area, particularly those who were at risk for denial of custody or visitation. What should you do if someone you once were married to falsely accuses you of domestic violence? While it may be difficult, the first and most important step to take is to try to remain calm. You have rights, and no one, especially those who have legal authority, may violate those rights. The key to fighting false allegations is to know where to seek support.

Always show up for court proceedings

It is understandable that you might feel frustrated, angry or afraid if your ex has accused you of domestic violence or has told the court that you are an unfit parent. You might be tempted to disregard the allegations. However, it is a big mistake to ignore a court summons. You would no doubt wind up making matters even worse. Instead, it is best to arrive in court on time and to cooperate in a calm, respectful manner to answer questions or to give your side of the story. Avoid angry or emotional outbursts, which one may interpret as threatening behavior. In short, losing your temper in front of a family court judge tasked with determining your fitness as a parent will likely hurt your case.

You will have an opportunity to call witnesses on your own behalf

Perhaps it's not the first time that your ex has falsely accused you of domestic violence. If you were married for five or more years, you might have family members, work colleagues or trusted friends who are aware of these issues. The more people who are willing to be character witnesses on your behalf in court, the better.

Don't hold back if you have evidence to expose the lies

In addition to having people attest to your good character under oath, you might have evidence to prove that your ex is lying. It is critical to share this evidence with the court. For instance, there might be medical documentation to show that your ex is mentally unstable. Or, your ex might have accused you of violence when a witness was present at the time -- a witness who is willing to state that the allegations are untrue.

Build a strong defense network if you are facing charges

Especially concerning child custody issues, your reputation and fitness as a parent are important attributes that may influence the court's decisions. You might wish to seek sole custody of your kids or obtain visitation privileges. In any case, you have rights as a parent, and the right support system can help you protect those rights in court.

Marijuana is still illegal in Indiana

2024-09-13T07:49:23Z

If you live in Indiana, especially if you’ve moved here from another state, it’s important to make sure you clearly understand traffic laws and other regulations that may affect your daily life. For instance, speed limits vary by state and so do drug laws. If you previously resided in a state where marijuana has been legalized, you’ll want to note that that is not the case in this state. Indiana has what’s known as “mixed” legalization of marijuana. The drug has not been fully decriminalized, although you might have a medical reason to use CBD oil, which is legal throughout the state. There are stringent penalties for conviction of marijuana crimes in this state. In fact, you can be charged with a misdemeanor crime for simply being present in a location where you know that drugs are being used at the time.

Driving under the influence of marijuana in Indiana

Indiana law categorizes marijuana as a Schedule I controlled substance. If a police officer pulls you over for suspected impaired driving, you could wind up in the back of a patrol car on your way to a county jail if the officer in question establishes probable cause to arrest you. Driving under the influence of marijuana is punishable by up to one year in jail and $5,000 in fines. If you take a blood test that registers the amount of marijuana in your system less than a specific amount, state law states that, at that point, you are not intoxicated. Many people use this as a defense against DUI-marijuana charges.

Hash and hash oil are also illegal in this state

Products containing hash or hash oil are listed with marijuana as a Schedule I controlled substance in Indiana. If you intentionally possess these drugs within state borders, you are committing a Class A misdemeanor crime. If you are arrested, you may be able to secure a conditional release, meaning that the judge would allow you to leave jail and continue your daily life at home, while awaiting your trial.

Marijuana stays in your system for a week or more

Complex issues can arise regarding marijuana in your system. It is typically traceable for weeks if you take a blood test. Suppose you travel to another state where it is legal to use the drug, then return to Indiana a week later and get pulled over or are involved in a car accident. You might encounter some serious legal problems if you take a blood test that registers positive for marijuana, even though you did not possess or use it in Indiana. It’s important to know your rights regarding traffic stops, DUI-marijuana arrests, as well as to understand the adjudication process and how the criminal justice system functions. If you’re charged with a drug crime, you are guaranteed an opportunity to refute the charges in court, which you do not have to do alone. You may request legal support immediately following your arrest.

Did you fail a horizontal gaze nystagmus test?

2024-09-13T07:49:32Z

If an Indiana police officer pulls you over for a traffic stop, he or she might ask you to step out of your vehicle. This is a typical request in situations where a driver is under suspicion of intoxication. At some point, the patrol officer might ask you to take a horizontal gaze nystagmus test.

If you fail this test, you might wind up in custody for suspected drunk driving. A horizontal gaze nystagmus test is one of three common field sobriety tests that police officers often administer to determine if there is probable cause to make a DUI arrest. This particular field sobriety test is an eye test.

Taking a horizontal gaze nystagmus test

If a police officer is administering the horizontal gaze nystagmus test to you during a traffic stop, he or she will ask you to track an object (which might be a pen or a finger being held up on a hand) from left to right or up and down, without moving your head. In other words, you would track the movement of the object using only your eyes. Every person has a maximum peripheral vision point.

When your eyes reach this point, they may jerk erratically. If you have consumed enough alcohol to cause intoxication, your eyes might begin to jerk before they have reached their maximum peripheral vision point. This is what a police officer is looking for as he or she observes you while you take a horizontal gaze nystagmus test. If premature jerking of your eyeballs occurs, you will fail the test.

Other types of field sobriety tests

A horizontal gaze nystagmus test is only one of several types of tests you may have to take if you’re pulled over because of suspected drunk driving. The Indiana police officer who has made the stop might also ask you to take a one-leg stance test or walk-and-turn test. No matter which type of field sobriety test you’re asked to take, keep in mind that you’re not obligated to comply.

Sober people can fail these tests as well

You might be sober when taking a field sobriety test, yet receive a failing grade. How can this happen? Perhaps you’ve always been clumsy and have a difficult time performing tasks that have to do with balance. In this case, it might be difficult for you to stand on one leg. If you stumble or put your foot down before instructed to do so, you will fail the test.

If you’re arrested for OWI/DUI in Indiana

Whether or not you consumed alcohol before driving, if an Indiana police officer takes you into custody for suspected OWI, it’s best to remain calm and go peacefully. You’ll be able to contact your family. You can also request legal support. It could take weeks or months for your case to be fully adjudicated.

A strong defense may help you secure a more favorable outcome. You do not have to handle proceedings on your own. In fact, most OWI defendants request legal representation, even before they have answered any questions of investigation.