South Bend OWI/DUI Lawyers

Table of Contents:

What Are the Consequences of Driving While Impaired in South Bend?

Operating While Intoxicated (OWI) or Driving Under the Influence (DUI) is a serious driving offense in Indiana, carrying significant legal consequences. Understanding these laws is crucial for South Bend residents to protect their rights and future. Whether you are facing your first offense or have prior convictions, being aware of potential penalties and legal options is essential for navigating the justice system effectively.

At Wilson & Kinsman, LLC, our South Bend OWI/DUI lawyers provide skilled legal representation for clients facing these criminal offenses. Our team of criminal defense lawyers can analyze the circumstances of your arrest to build a strong defense. We work tirelessly to help our clients understand their options and pursue the most favorable legal outcome possible.

What Is the Difference Between OWI and DUI in Indiana?

While “DUI” is the common national term, Indiana legally uses “Operating While Intoxicated” (OWI). This distinction is important because you can be charged even if the vehicle is not moving, provided you are in physical control of it while impaired. Whether impaired by alcohol or Schedule I or II controlled substances, the state focuses on your ability to operate the vehicle safely rather than just active driving.

What Are the Legal Penalties for an OWI/DUI Conviction in Indiana?

Our South Bend OWI/DUI lawyers represent clients facing these legal penalties:

  • First-time offenders with a BAC under 0.15% face Class C misdemeanor charges, punishable by up to 60 days in jail.
  • If the BAC exceeds 0.15%, it becomes a Class A misdemeanor with up to one year of incarceration.
  • Repeat offenses within seven years are typically Level 6 felonies, carrying prison sentences of six months to two and a half years and significant fines up to $10,000.

What Are the Legal Limits in Indiana?

For most drivers 21 and older, the legal BAC limit is 0.08%. Drivers under 21 face a “zero tolerance” limit of 0.02%, while commercial drivers (CDL holders) are held to a stricter standard of 0.04%. Additionally, Indiana has a per se law regarding controlled substances; having any amount of a Schedule I or II substance in your system while operating a vehicle is illegal.

How Does Indiana’s Implied Consent Law Affect Drivers?

By holding an Indiana driver’s license, you have already consented to chemical testing if an officer suspects impairment. Refusal leads to an automatic one-year license suspension for a first offense and two years for subsequent refusals. Unlike a court-ordered suspension, you are generally ineligible for specialized driving privileges during an “implied consent” suspension. Furthermore, your refusal can be used as consciousness-of-guilt evidence in court.

What Are the Long-Term Consequences of an OWI/DUI Conviction?

Beyond immediate jail time, a conviction creates a permanent criminal record that can hinder employment and housing. You could also face a license suspension and significantly higher auto insurance premiums. Some offenders must install an Ignition Interlock Device (IID) to regain limited driving rights. Professional licenses, such as those for nursing or commercial driving, may also be suspended or revoked, impacting your long-term career stability.

Can an OWI/DUI Charge be Reduced or Dismissed?

In many cases, yes. Our South Bend OWI/DUI lawyers can challenge the legality of the initial traffic stop or the reliability of field sobriety and breathalyzer tests. If the officer lacked reasonable suspicion to pull you over, or if testing equipment was improperly calibrated, the evidence against you may be suppressed. These procedural errors often serve as the foundation for negotiating a charge reduction or a full dismissal.

Do I Need a DUI Lawyer in South Bend, Indiana?

While you have the right to represent yourself, South Bend courts take OWI/DUI offenses very seriously. Local prosecutors are aggressive, and the technical nature of blood-alcohol evidence requires professional scrutiny. Our local South Bend OWI/DUI lawyers understand the specific procedures of St. Joseph County courts and can effectively advocate for specialized driving privileges, allowing you to continue commuting to work or school while your case is pending.

How Can Wilson & Kinsman, LLC Assist With OWI/DUI Charges in South Bend?

Wilson & Kinsman, LLC, provides personalized defense strategies for those facing impairment charges. We meticulously review police reports, dashcam footage, and maintenance logs for chemical testing equipment to find weaknesses in the prosecution’s case. Our goal is to minimize the impact of the arrest on your life. We will guide you through every step, from the initial hearing to the final resolution, and you will never have to face the judge alone.

Frequently Asked Questions:

What is a certified chemical test?

In Indiana, this refers to a breath, blood, or urine test administered by a certified technician following a lawful stop. These tests are more formal than the portable breathalyzers used at the roadside and carry weight in court.

Can I get a hardship license after an OWI/DUI?

You may apply for Specialized Driving Privileges (SDP), which allow you to drive to work, school, or medical appointments. However, these are granted at the court’s discretion and often require the installation of an ignition interlock device.

How long does an OWI stay on my record?

An OWI conviction remains on your criminal record indefinitely unless you successfully petition for “expungement.” In Indiana, you must typically wait five to eight years after your conviction is finalized before becoming eligible to apply for expungement.

Our Experienced South Bend OWI/DUI Lawyers at Wilson & Kinsman, LLC Protect the Rights of Drivers Charged With OWI/DUI

If you or a loved one is facing an OWI/DUI charge, seeking knowledgeable legal representation is crucial. The South Bend OWI/DUI lawyers at Wilson & Kinsman, LLC are here to provide the guidance and defense you need during this challenging time. Reach out to us today at 574-522-1900 or fill out our online form for a free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients in the surrounding areas.

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Testimonials

Read what our former clients have to say:

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.