Meet Your Attorney – Jesse K. Sanchez
Indianapolis criminal defense attorney, Jesse K. Sanchez, has years of experience defending crimes of domestic violence, all felonies and misdemeanors. From domestic battery and invasion of privacy to strangulation, confinement and intimidation. Can the State prove their case? What are your defenses? What if the alleged victim does not want to proceed with the case? Get some answers: Call Jesse K. Sanchez for a free consultation.
Defending a Charge for Operating a Vehicle While Intoxicated in Indianapolis: It’s Never Simple
Only certain types of crimes require the skill of an Indianapolis DUI lawyer or an Indianapolis OWI Lawyer. There are few criminal offenses as complex as operating a vehicle while intoxicated (“OVWI,” sometimes called “DUI”). Consider, that to prove even a “simple” charge for operating, which is a Class C Misdemeanor in the State of Indiana, the State must show that a Defendant: 1) Operated a vehicle and 2) was “intoxicated.” There is a difference between an OWI and a DUI. This is explains the importance of a great criminal attorney.
When do you need an Indianapolis DUI Lawyer? What about an Indianapolis OWI Lawyer?
Simple, right? Not even close. Even here, the case is quite complex. Generally, you need to hire an Indianapolis DUI lawyer if:
- You want to minimize the time you spend in court
- You want more “one on one” time with your attorney
- You want an attorney with an in-depth understanding of Indiana DUI laws
Where Can You Find Indiana DUI Lawyers?
This is because the terms “operate,” “vehicle” and, especially, “intoxicated” are all legal terms that have been defined by law and debated over by lawyers and judges for decades. What does it mean to “operate” a car, for example? The Indiana Code says that “Operate” means to “navigate or otherwise be in actual physical control of a vehicle, motorboat, off-road vehicle, or snowmobile. Ind. Code § 9-13-2-117.5. What does “physical control” mean? Is steering with the engine turned off enough? Does the engine need to be on at all? As you can see, there’s ample room to debate the issue. You need an Indianapolis Criminal Defense Lawyer, Jesse K. Sanchez at 317-721-9858 today!
If the State wishes to make its charge a Class A misdemeanor, then it gets even messier. In that case, the government must demonstrate that the Defendant “endangered” another person. And that raises a host of other issues and concerns. All this before we even begin to talk about:
- Whether the police had the right to pull the vehicle over
- Whether the police had the right to demand a breath test
- Whether the police performed the field sobriety tests in accordance with National Health Traffic and Safety Administration guidelines
- Whether the police officer was qualified as a drug recognition expert
- Whether the police performed the chemical test correctly and in appropriate time periods
Indiana is an implied consent state that uses BAC level as an indicator of Driving Under Influence. BAC is your blood alcohol concentration. Your BAC gives an estimate to the police how of much alcohol is in your system. However, even without a high BAC, you can be arrested for DUI. If this happens, you may want to consult a DUI defense attorney.
Indiana law states that it is illegal to:
- Operate a vehicle with a BAC over .08
- Drive with any Schedule II or III drugs in your system
- Operate a vehicle while actually intoxicated with prescription drugs, illegal drugs or alcohol
There will be times when you can be arrested for OWI (Operating While Intoxicated) despite your BAC. If you are under the influence of drugs, you can be arrested. If you have a lower BAC but are actually intoxicated, you will be arrested. Once you are released from custody, immediately call Indiana DUI defense attorney Jesse K. Sanchez at 317-721-9858 today.
Police can use a number of ways to determine if you are intoxicated. Those ways include:
- Field sobriety tests
- Personal experience that you are under the influence of drugs
- The officer may find drugs on your person
- The officer may find drugs or presence of alcohol in your car.
- Police can smell the odor of marijuana
- The officer can smell alcohol
As you can see the officer can cite a number of probable causes as to how they can determine intoxication by observation.
Your Indianapolis OWI Lawyer or Indianapolis DUI Attorney
If you’ve been charged with OWI/DUI, you need an Indianapolis OWI/DUI attorney who won’t overlook the details. Don’t just do a search for “owi lawyers near me“. You’ll find an Indiana DUI lawyer at the Law Office of Jesse K. Sanchez at 317-721-9858.
Contact Me For Help
At the Law Office of Jesse K. Sanchez you will get an Indiana DUI attorney who will make your battle his own and who will strive to understand your goals in representation.