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Drunk Driving Accident Lawyers
It is unfair when the irresponsible actions of a drunk driver change your life or your family member's. Each year approximately 500,000 Americans are injured in DUI accidents, and nearly 17,000 are killed. These statistics mean nothing when you or a family member has been injured or killed because of a drunk driver.
Drunk Driving Accident Lawyer (317) 969-8000
In Indiana, to prove liability, our office has only a limited time following the accident to collect detailed information concerning the accident. Because of this short window of time it is important to contact a law firm as soon as possible. In Indiana, proving negligence is enough to hold a driver liable for damages. When suing a drunk driver in Indiana the evidence must show that the driver had a blood alcohol level of .08 or higher (legally intoxicated) at the time of the accident.
How do you prove the driver was legally intoxicated? Police reports, witnesses, medical examinations, and more can be used to prove that the driver's ability to think and act safely was impaired. You can increase your odds of success by contacting our office as soon as possible following your accident.
Drunk Driving Accident Damages
You may have injuries and expenses not covered by insurance. If so, you may be able to recover those costs. Indiana also provides for punitive damages. Punitive damages are designed to punish the driver and other responsible parties who's wrongdoing or negligence caused your accident. JR Emerson can help you learn which damages may apply to your case. Generally, drunk driving accident damages include compensation for property damage, medical expenses, loss of current and future income, and pain and suffering. If the accident caused the death of a loved one (wrongful death) damages for loss of companionship and income may also be recovered by the decedent's loved ones. If the drunk driver took to the road after consuming alcohol at a bar or restaurant, punitive damages may be sought from that business as well. If your life has been permanently changed by the negligence of a drunk driver contact our Indiana auto accident attorneys to help you find justice.
OVWI, OWI, DUI DEFENSE LAWYERS
Driving under the influence (DUI), operating a motor vehicle while intoxicated (OVWI), or operating a vehicle while intoxicated (OWI), no matter what you call it...the bottom line is that you are charged with a very serious crime.
Furthermore, it is imperative that your DUI lawyer grasps the science involved with your blood alcohol test. The DUI lawyers at Emerson Law LLC represent clients charged for crimes including DUI and drugged driving. Tenacious preparation allows our DUI lawyers to uncover weaknesses in the State’s evidence against you. Our goal in each DUI case is to limit the life changing effect of a DUI conviction by either reducing the charges or having the case dropped completely.
- DUI – driving under the influence
- DWI – driving while intoxicated
- OVWI – operating a vehicle while intoxicated
DUI LAWYERS HAMILTON COUNTY, CARMEL, FISHERS, NOBLESVILLE, WESTFIELD
Emerson Law LLC is prepared to provide aggressive defense to all DUI charges in Carmel and Hamilton County Indiana. We are committed to defending those accused of drunk driving in Indiana from avoidable convictions and criminal penalties. Our clients do not sign plea agreements if they can get a better outcome by going to trial. The costs associated with a DUI conviction go well beyond the penalties imposed by a court. Most people charged with a DUI in Carmel are everyday people including, business owners, and housewives. In today’s world everyone must drive in order to make a living to support their family. After being charged with a DUI, your driving privileges will be suspended for some time.
Because Indiana DUI laws are always changing is it vital to have a DUI attorney if you are charged with OWVI. Emerson Law represents those accused of DUI, OVWI throughout Indiana. If you have been charged with drunk driving call our office immediately, and DO NOT plead guilty before meeting with a DUI attorney to review the facts of your case.
Even if it is your first offense, if convicted of a DUI in Indiana you face a long jail sentence and the loss of your driving privileges. Our DUI attorney’s goal is to find avenues to help you avoid a DUI conviction. If we cannot help you avoid a conviction our goal is to help you avoid excessive criminal penalties in Indiana DUI courts and at the Indiana Bureau of Motor Vehicles.
THE PRICE TAG OF A DUI IN CARMEL OR NOBLESVILLE
The costs associated with a DUI conviction include, court costs, fines, probation fees, alcohol treatment program fees, insurance premium increases, driving license revocation, and lost employment opportunities. By comparison, your costs for experienced legal representation can be just a small percentage of the overall costs.
THE SCIENCE BEHIND A DUI
Unlike most other criminal charges DUI lawyers are also involved with complex scientific evidence (such as, Field Sobriety Tests, Breathalyzer, Blood Draw, alcohol absorption rates). Due to these complexities it is important to hire an attorney who understands how to use the “scientific evidence” as part of your DUI defense. Do not make the mistake to assume that there is no opportunity to beat the charges against you. Your DUI lawyers will review the facts of your case to determine if a DUI conviction can be avoided. It is an unusual case when a lay person can identify successful weaknesses in a DUI case. If a DUI conviction cannot be avoided, our DUI lawyers will work to reduce the charges and/or diminish the potential penalties, this is particularly vital when facing a second or third DUI charge.
Defending you against a DUI involves multiple layers of inquiry starting with the constitutionality of your initial encounter with the police (i.e. the legality of the traffic stop). To begin with, in order for the police to stop you the officer needed to have a reasonable suspicion that you may have broken the law. If the officer did not have a reasonable belief for the initial stop, then all of the evidence that the State plans on using against you must be thrown out making it nearly impossible for the State to prove that you were driving while intoxicated. If the officer had reasonable suspicion for the stop we must move to analyzing the reliability and credibility of the evidence the State plans on using to obtain a conviction. With DUI defenses including police failing to follow their own procedures, failing to correctly administer field sobriety tests, and testing errors occurring from breath machines, why would a person charged with DUI concede to a DUI conviction?
It is only after thoroughly scrutinizing the evidence against you, the evidence that will be used prove your guilt or innocence, should you consider pleading guilty to a DUI. After all, the life changing penalties for a DUI conviction are too serious to discount the possibility that the State’s evidence is flawed. A DUI defense lawyer never accepts the State’s evidence on its face. Our DUI attorneys will thoroughly examine the evidence against you, even if other attorneys believe the evidence cannot be overcome. We recognize that evidence in a DUI case is not as simple as it may initially seem. Call today to speak directly with one of our attorneys who will answer your questions about your case, as well as protecting your rights and driver’s license.
STEPS TO TAKE AFTER A DUI ARREST
- No statements to the police. If requested, simply hand the police your license, registration and proof of insurance. While the officer has never spoken to you before, the office will indicate in the police report that you had slurred speech, most likely, even if you didn’t. I’ve even seen officers testify in court that they smelled alcohol on my client even when they NEVER spoke with or approached my client.
- Request an Indiana BMV hearing and/or specialized driving privileges immediately. Speak with your DUI attorney about time restrictions.
- Hire an experienced DUI lawyer to assess the facts of your case before your initial hearing or your next pre-trial conference. It is imperative to hire an attorney sooner rather than later, because the wheels of justice move slowly and it will take time to receive evidence you will request from the State and others.
- Do not assume that you are guilty. Do not plead guilty. Most people charged with a DUI do not realize that there are DUI defenses to argue in most cases. DUI’s involve scientifically complex evidence that the police are required to collect following certain procedures. Failure to follow these procedures can lead to inaccurate results. That’s why there are procedures. Having an experienced DUI lawyer review the evidence is the only way to find out if the police, and State of Indiana have the evidence necessary to convict you.
The lawyers of Emerson Law have over 20 years of combined experience and are prepared to assist you in your DUI defense. Our attorneys offer criminal defense for all felony DUI and misdemeanor DUI charges.
We accept cases from Carmel City Court, Hamilton County Court, Boone County, Marion County, Hendricks County and throughout Indiana.
INDIANA DUI LAWYERS FAQ'S
- What Is a DUI a felony?
- Will I have to serve jail time for my DUI / DWI?
- How long will a DUI / DWI stay on my record, counting as a prior offense?
- If I'm pulled over for suspicion of drunk driving, when must the police officer give me a breathalyzer or blood test?
- Can I get out of my DUI / DWI by plea bargaining for a wet reckless?
- After my DUI / DWI conviction, will I be required to install an IID?
- Will I lose my license for a DUI?
RESOURCES FOR THOSE CHARGED WITH DRIVING UNDER THE INFLUENCE
- IC 12-23-14 Court Established Alcohol & Drug Services Program
- IC 12-7-2 Definitions
- IC 33-37-8 Local User Fee Funds
- Court Alcohol & Drug Program Rules
- Indiana Statutes related to Confidentiality and Reporting
- Federal Rules: 42 C.F.R Part 2 - Confidentiality of Alcohol and Drug Abuse Patient Records
- Court Alcohol & Drug Program Advisory Committee
- NHTSA Impaired Driving
- Judge Resigns After DUI
- Woman charged with DUI in crash
- DAk Prescott DUI Arrest
- Drunk Driving Laws Don't Match Research
- Supreme Court decision will not impact Indiana DUI tests
JR Emerson is a Carmel, Indiana DUI attorney representing individuals charged with dui, driving under the influence, OVWI, operating a vehicle while intoxicated, OWI, operating while intoxicated. Our DUI lawyers represent men and women in Hamilton County, and throughout Indiana. Cities in which we practice include: Carmel, Noblesville, Fishers, Zionsville, Lebanon, Whitestown, West Clay, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.
We offer a wide variety of services outside of criminal law. Our services include family law, personal injury law, and criminal law. Click here if you need a divorce lawyer in Carmel, IN.
Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do. Give me a call. We will sit down, go over your options and work to find a way to move forward. Call me or another attorney. But call someone and get the help you deserve.
- JR Emerson, Attorney
I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.
- Jill Bracken-Emerson, Attorney
Schedule a Consultation Now!
If you need help we are happy to talk to you at no charge. Give us a call or click the button to make an appointment.
Our office is located on the north side of Indianapolis at 98th Street and Keystone Avenue.
3091 E. 98th Street, Suite 180
Indianapolis, IN 46280
Our attorneys represent people in need of assistance with personal injuries, car accidents, divorce, family law and DUI/OVWI matters. Our clients typically live in counties throughout central Indiana including, Hamilton County, Boone County, Marion County, Hendricks County and Johnson County. Please contact our office to learn how we can help.
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JR Emerson is an attorney who represents men and women in family law matters including divorce, child custody modification, and child support modification in Marion County, Hendricks County, Boone County, Hamilton County, Hancock County, Madison County, Johnson County. Cities in which he practices include: Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.