Details determine whether a DUI case is won or lost. You should write down all you remember about your DUI arrest. Your memory may deteriorate with time, and you may forget critical data that might help you win your criminal case.
Any DUI lawyer in Elkhart Indiana will have the greatest chance of defending your rights if they have as much information as possible.
When accused of a DUI in Elkhart, you have three options:
- Take a blood test,
- Allow a breathalyzer test, or
- Deny all testing, which is known as a Refusal.
You will be given a yellow page titled Express Consent Affidavit if you allow a breathalyzer test and score .08 and above, or if you refuse to have a breath test. You have seven days from your DUI arrest to seek a hearing at the Indiana Department of Motor Vehicles if you obtain one of these.
If you allow a blood test, however, no action will be done against you until your blood results show a .08% or greater blood alcohol concentration. If this is the case, you will get a letter from the Elkhart DMV alerting you of your right to a hearing.
If your driver’s license was not suspended at the time of your DUI arrest, you must submit it to the DMV in order to acquire a Temporary Driving Permit, which will enable you to drive until your hearing, which should be within 60 days of the day you sought it.
NOTE: Evansville and Eel have comparable DUI laws.
Elkhart, Indiana DUI Penalties
For individuals discovered driving under the influence of drugs or alcohol in Elkhart, IN, there are two levels of a criminal offense:
- DUI for those found with a blood alcohol content (BAC) of.08 or more, and
- DWAI, or Driving While Ability Impaired, for those found with any blood alcohol concentration less than 0.08%.
Though DWAI is considered a lesser crime than DUI, both federal crimes carry the same consequences if convicted. The only difference is that getting pulled over for DWAI does not always result in a DMV license suspension.
Longer jail time, substantial fines, probation, and obligatory drug and alcohol therapy are all possible consequences. Having an experienced Elkhart DUI lawyer on your side is critical to ensure your reputation and opportunities won’t diminish.