Skilled Evansville Defense Attorneys Helping You Fight DUI And DWI Charges
Last updated on May 15, 2025
Indiana’s DUI and DWI laws fall under the banner of operating a vehicle while intoxicated (OWI). An OWI charge can result in not only the loss of your driving privileges but also sizeable fines, the potential loss of your job or even jail time.
Located in Evansville, Bob Zoss Law Office, LLC, provides skilled legal representation to those facing OWI charges. Our lawyers work with people in Evansville and across the Southern Indiana area. Our attorneys draw on their experience in challenging evidence and negotiating lesser penalties for our clients to help you avoid conviction, and keep your license.
Drunk Driving Charges Carry Severe Penalties
An OWI conviction can have far-reaching consequences. The penalties for drunk driving can include the suspension of your license, a fine or a jail sentence, depending upon factors such as your blood alcohol content (BAC) level and if you caused injury to another person while intoxicated. The penalty is also increased if you have prior OWI convictions.
Having a knowledgeable and effective Evansville DUI defense attorney is essential to avoiding severe penalties. At Bob Zoss Law Office, LLC, we will explain the charges you face in detail and outline all the options that are available. We can advise you on whether challenging an OWI charge is likely to succeed or if there is a possibility of pleading down to a lesser charge.
What To Do If Your License Is Suspended
A license suspension can affect your ability to work and make it difficult to carry out everyday tasks. If you face significant hardship as a result of losing your license, you can petition the Indiana courts to grant a stay of suspension or temporary specialized driving privileges.
If you are eligible, you may be allowed to drive during certain hours or between certain locations, such as your home and place of work. A judge may grant driving privileges for other purposes, including transporting children to day care or school, attending medical appointments, and traveling to court. In some cases, you may have to install and use an ignition interlock device in order to drive your vehicle.
If the loss of your license is unavoidable, our accomplished Evansville DUI defense lawyers will advocate strongly on your behalf to obtain specialized driving privileges, and minimize the impact on yourself and your family.
Refusing A Breath Or Blood Test
Because Indiana has an implied consent law to drive in the state – meaning any driver in Indiana is assumed to have complied with a request for a blood or breath test – refusing one is a crime. It comes with serious consequences, including loss of driving privileges for up to a year.
Additionally, a refusal is evidence and the prosecution can use that against a person in any potential drunk driving trial.
Defense Strategies Against Drunk Driving Charges
While circumstances in your case are always unique, there are a few strategies that you can build a defense around. They include:
- Challenging the initial stop
- Challenging the probable cause of the breath or blood test
- Challenging the results of the tests based on equipment calibration
However, your defense is likely going to involve many different tactics and strategies to reduce or eliminate the charges you are facing. It’s still vital to take appropriate steps in your defense, such as remaining silent and contacting us as soon as possible.
Can An Indiana DUI Be Dismissed?
While dismissal is possible, it is not common. A DUI may be dismissed if there are issues with the following:
- Evidence
- Procedural errors
- Violations of constitutional rights
For example, if the police did not have reasonable suspicion for the traffic stop or failed to follow proper procedures during the arrest, the case could be challenged. Additionally, faulty breathalyzer tests, improper field sobriety tests or violations of Miranda rights may lead to a dismissal. Also, if key evidence is lost or mishandled, the prosecution may have difficulty proving its case.
While our firm will thoroughly examine your case for possible dismissal, reduced charges are often more realistic than outright dismissal. Prosecutors may be more willing to negotiate a lesser charge, especially if there are weaknesses in the case or mitigating circumstances.
Every DUI case is unique, and our Evansville DUI defense attorneys will explore all legal options to achieve the most favorable outcome.
Can An Indiana DUI Be Reduced?
Even if a DUI charge cannot be dismissed, it may be possible to reduce it to a lesser offense. The extent of reduction depends on factors such as:
- Prior offenses
- Blood alcohol content (BAC)
- The specifics of the case
A felony DUI could potentially be reduced to a misdemeanor, which carries lighter penalties and avoids the long-term consequences of a felony conviction. A higher level misdemeanor might be negotiated down to a lower level misdemeanor, which often results in reduced fines and a shorter license suspension.
In some cases, a DUI charge may be reduced to reckless driving or a non-DUI offense. This can help minimize penalties and avoid the long-term stigma of a DUI conviction. A plea deal to a lesser charge is often possible when there are weaknesses in the evidence or when the individual has no prior DUI convictions.
Our Evansville DUI defense attorneys will review your case to determine the best strategy for securing a reduction, helping you move forward with fewer long-term consequences.
How Likely Is Jail Time On A First DUI Offense In Indiana?
Jail time for a first DUI (OWI) offense in Indiana is legally possible but relatively rare. The outcome largely depends on the specific circumstances of your case, including your blood alcohol content (BAC) level and whether any aggravating factors are involved. Indiana law classifies a first OWI offense as a Class C misdemeanor if your BAC is between .08% and .15%. This charge carries a potential jail sentence of up to 60 days and a fine of up to $500. If your BAC exceeds .15%, the charge escalates to a Class A misdemeanor, which could result in up to one year in jail and a fine of up to $5,000.
In most first-offense cases, without aggravating circumstances, such as causing an injury or accident, jail time is not imposed. Instead, the court may focus on penalties like fines, probation, mandatory alcohol education programs or community service. Courts in Indiana often prioritize rehabilitation for first-time offenders, recognizing the importance of addressing underlying issues like substance use.
One way to potentially avoid jail time is through a DUI diversion program. These programs, when available, are designed to rehabilitate offenders while minimizing the long-term impact of an OWI conviction. Successful completion of a diversion program can often result in reduced penalties or even dismissal of charges. Typically, these programs require participation in substance abuse counseling, regular check-ins with the court and compliance with other conditions set by the court.
How Repeat DUI Arrests Carry Increasingly Severe Penalties
Indiana imposes harsher penalties for repeat OWI (operating while intoxicated) offenses. A second offense within seven years is classified as a Level 6 felony, with penalties including up to 2 1/2 years in prison, fines up to $10,000 and a one-year license suspension. An ignition interlock device may also be required.
For a third offense, the penalties increase further. It can be charged as a Level 5 felony if aggravating factors, such as a high BAC or causing injury, are present, leading to one to six years in prison and higher fines.
Contact Us Today
We will defend you strongly against allegations of driving under the influence of alcohol, illegal drugs and prescription medications, and pursue the most favorable outcome for your case. Set up a consultation via our website or call 812-266-9609 to speak to a knowledgeable Evansville DUI defense lawyer.