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Apr7

Why Defend Drunk Drivers?

Written by Larry Hansen

As a criminal defense attorney, I frequently hear from friends and acquaintances,… “I don’t know how you defend criminals or those drunks on the road”.  Let me be clear about this.  I don’t want impaired drivers on the road.  I have friends and family that I want to be safe on the road.  I don’t want any person maimed, injured or killed by a driver operating under the influence of any impairing substances.  Impaired driving is and most certainly should be illegal. 

However, the focus of DUI enforcement, sometimes, is not on impairment.  It has changed its focus to BAC (Blood Alcohol Concentration).  For the most part, the State is not interested in impairment.  It is interested in BAC.  BAC ignores whether a person is impaired.  It convicts solely upon a number. 

In Indiana, there are basically 2 ways to convict a person of drunk driving.  I think we would all agree that “drunk” is synonymous with “intoxicated”.  Indiana has defined “intoxicated” as under the influence of alcohol … so that there is an impaired condition of thought and action and the loss of normal control of a person’s faculties.  This fits our common understanding of drunk driving.

 However, as I have said, the State has 2 opportunities to convict:  (1) driving while intoxicated and (2) driving with a BAC in excess of .08.  Each of these offenses carries possible jail time and is punishable as misdemeanor offenses.  Each of these can be a “1st offense” OWI.  In addition, in one case, you can be convicted of each of these offenses.  The 2nd offense is called a “per se” offense.  What that means is that you are guilty of violating that particular statute and commit a crime solely if your BAC is .08 or more.  Your level of impairment, if any, is completely irrelevant.  Therefore, the purpose of drunken driving prohibition is ignored.  Safe driving and elimination of impaired driving is not even a consideration.  Your driving could be completely normal and you still can be convicted of a per se offense with the exact same punishment as a clearly impaired driver (operating while intoxicated).  

Therefore, there are multiple people being convicted of “Drunk Driving” when in fact there has been absolutely no evidence that the person was impaired whatsoever.  I don’t believe such a person should be branded a criminal when the State has not proven the guilt beyond a reasonable doubt.

Nov20

FREE REPORT: 9 Rules to Protect Your Rights If You Find Yourself Arrested

Written by Larry Hansen

I have been practicing law since 1989, and have seen a wide variety of reactions from people who are in trouble. While it is understandable that people may have an unusual reaction to being arrested, most of these reactions are generally not in your best interest. By far, the simplest advice is to do what you are told while you are in the process of being arrested. However, when people are scared or intoxicated, somehow simple advice escapes them. In order to protect your rights and interests, here is a list of rules you should follow if you are ever in a position of being arrested.

Rule #1:

Exercise your right to an attorney. You have the right to remain silent. You need only say “I want to talk to my lawyer.” ….

Get the rest of these need-to-know rules in our FREE Report. Just click the button below to download!

Click Here to Download this Free Report Instantly!

Nov12

What Happens When You Get Stopped for Drunk Driving

Written by Larry Hansen

Getting stopped for drunk driving (commonly referred to as DUI), is a serious offense and can have different consequences depending upon the county in which you live. All states have a “per se” law defining it as a crime to drive with a blood alcohol concentration (BAC) at a level at or above the prescribed threshold level. At the present time, this threshold level is .08%.

Getting stopped. When you are stopped for DUI or for something else and the police officer has a reason to believe that you have been drinking, you will generally be asked to take sobriety tests. These are called the Standardized Field Sobriety Tests. The officers use these tests as an opportunity to develop probable cause to support offering you a certified chemical test under the Indiana Implied Consent Law. You are under no legal obligation to perform any standardized field sobriety tests. The only test that you are required to perform pursuant to the Indiana Implied Consent Law is the certified chemical test, which can be obtained from blood, breath or urine. However, the police officer may not offer you this test without finding of probable cause. That is why the police officer request that you perform Standardized Field Sobriety testing. It is my opinion that these tests are designed for failure. They are also designed to provide justification for the officer offering you the certified test. more…

Nov7

Do I Need a DUI/OWI Lawyer?

Written by Larry Hansen

Every state in the country has some sort of “drunk driving” legislation. The term “drunk driving” is in quotes because none of these laws require the driver to be drunk or intoxicated to be guilty. All that is required is that your ability to operate a motor vehicle has been impaired to any extent at all, or that your blood alcohol exceeds the state limit, which is now .08%. Some states call it a DUI, DWI, OWI, or OUI. In Indiana, it is most likely called OVWI (operating a vehicle while impaired). The consequences of DUI differ dramatically from state to state and are influenced by your age, blood alcohol content (BAC), prior criminal history and whether you caused injury or death during the operation of a vehicle. Deciding whether or not to hire an attorney is a personal decision. Here are a few things you should consider before hiring an attorney. more…

Oct30

50 Different Ways to Lose Your Driver’s License in Indiana

Written by Larry Hansen

Hoosiers have long cherished the right to operate a motor vehicle. Being the home of the Indianapolis 500, it is clear that Hoosiers have an affinity for cars. In order to legally operate a motor vehicle upon the public highways in the State of Indiana, one must be in possession of an operator’s license. Some people are aware of several ways to lose your license. However, there are many ways to lose your driving privileges in the state of Indiana.
more…

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