Operating While Intoxicated cases are the most complex criminal cases in Indiana. An extensive morass of legislation, which changes frequently, has been promulgated in response to increased pressure from the federal government, and special interest groups, to increase the penalties for operating while intoxicated.
The successful attorney in these cases must be knowledgeable of the various testing devices utilized, including portable breath test devices, and the most commonly used desk top breath machine in Indiana, the DataMaster. Attorneys must also be familiar with standardized field sobriety testing procedures, and whether or not the chemical tests or the field sobriety tests, have been conducted in accordance with mandated standards.
Again, there are increasingly severe penalties imposed for subsequent convictions. A second conviction for operating while intoxicated within five years is a Class D felony carrying a six month to three year range of penalty. A third conviction for operating while intoxicated can result in a range of penalty between three and one half to eleven years in prison.
The license suspensions are also progressively more serious based on subsequent OWI convictions. A second conviction within ten years carries a one year minimum mandatory license suspension, and a second conviction after ten years carries a one hundred eight day minimum license suspension.
I have included an extensive library regarding operating while intoxicated cases which can be located here.
If I can answer questions about these cases do not hesitate to contact me.