酒后驾车在印第安纳州是重罪还是轻罪?

• 2020年1月28日
• bet9九州体育登录线路
• 刑事辩护

法院对酒后驾车的案件很严厉, BUT EXACTLY HOW HARD DEPENDS ON WHETHER IT IS A MISDEMEANOR OR A FELONY.

Judges and juries are less and less forgiving of drunk and impaired drivers these days, 公众也是如此.  But whether the DWI was caused by one evening of bad choices versus a long-term pattern of drunk driving can make a big difference in sentencing.  一般, 如果你有过一次酒驾被捕, this will fall under the misdemeanor category unless someone was severely injured or killed or a minor child was in the vehicle.  另一方面, if you’re someone who has been convicted of more than one DWI offense in the past five years, you will likely be looking at a class D felony and time behind bars.

If you’re asking yourself “Is a DWI a felony or a misdemeanor in 印第安纳州?”, multiple factors will determine the answer to that question.  Whether the penalty is a felony or a misdemeanor depends specifically on the facts in your case.  一个高度熟练和经验丰富的人 印第安纳州酒驾辩护律师 at bet9九州体育登录线路 in 新奥尔巴尼 can answer your questions, 解释你的选择, 并为你建立一个强有力的证据.  Our attorneys can help minimize the impact of a DWI on your life. 请致电 (812) 725-8224 如果你有问题. We offer a free initial consultation about your case.

酒后驾车在印第安纳州算重罪吗?

THINK OF IT THIS WAY – IF THERE’S CATASTROPHIC INJURY, 死亡, 涉及未成年儿童或多次酗酒, 你面临的是重罪指控.

根据印第安纳法典9-30-5-3 if you have repeat DWI convictions or are driving drunk with a minor child in the car, 你将面临更严厉的惩罚, 包括更高的罚款, 更长的刑期, 有重罪前科，长期缓刑.

篡改联锁点火装置, driving with a probationary or revoked driver’s license, or driving with an open container or while consuming can also make the penalty more severe.

肯定, if you seriously injure or kill another person while driving drunk – even if it’s your first DWI offense – you will face felony charges.  The reason repeat DWIs within five years are classified as felonies is because the likelihood that you’ll cause bodily injury to someone else increases significantly the more often you drive drunk.  There’s also a sense that you were al准备好了 put on notice and sent to alcohol education and follow-up after your first DWI, 所以如果你又决定酒后驾车, then you are careless and deserve a more severe penalty.

The goal of tough penalties and longer prison time is to protect the public and keep you off the road.  It’s not just about punishing you, it’s about saving innocent lives.

印第安纳州有多少DWIs是重罪?

TYPICALLY, TWO (2) DWIs WITHIN FIVE (5) YEARS RESULTS IN A FELONY.  BUT IF YOU SERIOUSLY INJURE OR KILL SOMEONE, A FIRST-EVER DWI CAN BE A FELONY.

印第安纳州 actually uses the term “operating while intoxicated” (OWI) rather than the more typical DWI or DUI referred to in other states.  印第安纳州 OWI laws prohibit all motorists from operating a vehicle …

1. 血液酒精浓度(BAC) of 0.08%或更高
2. With any amount of a schedule I or II controlled substance in their system (street drugs, 阿片类药物, 海洛因, 可卡因, 大麻之类的), or
3. 实际上是被毒品或酒精所陶醉.

印第安纳州有一个“零容忍” law for underage drivers (anyone under age 21) making it illegal to drive on roadways with a BAC of 0.02%或更高.  伪造身份证也会受到处罚.

HERE ARE DWI PENALTIES AS DEFINED UNDER INDIANA LAW:

第一次进攻

• You will have to pay court costs and fees in excess of $300. 
• You may receive a jail sentence of up to one year. 
• 你将被处以最高5000美元的罚款. 
• Your license may be suspended up to two (2) years. 
• You may be placed on probation and be required to enroll in, 并支付, 药物滥用教育课程. Your license may also be suspended for a minimum of 30 days followed by a 180-day probationary period in which you can drive only for employment purposes. 
• You may be required to attend a victim impact panel. 
• You may be required to submit to urine testing for drugs and alcohol. 
• 你还可能面临其他缓刑条款.

第二次进攻

• You will be imprisoned for a minimum of five days or up to three years and/or be required to perform community service. 
• 你将被处以最高1万美元的罚款. 
• Your license will be suspended for at least 180 days and up to two years. 
• You will also face other terms of probation listed under first offense.

第三次进攻

• You may be imprisoned for a minimum of 10 days and up to three years and/or be required to perform community service. 
• 你将被处以最高1万美元的罚款. 
• Your license will be suspended for a least one year and may be suspended for up to 10 years. 
• You may be adjudged as a habitual traffic violator. 
• You may be charged and sentenced as a habitual substance offender, for which you may be imprisoned for an additional term of one year and up to an additional eight years. 
• You will also face other terms of probation listed under first offense.

今天就bet9九州体育登录线路印第安纳州的酒后驾车律师

If you’re uncertain whether your DWI arrest is considered a misdemeanor or a felony, contact a skilled defense attorney at bet9九州体育登录线路 at (812) 725-8224 for a free initial consultation. We can assess your situation and give you real answers.