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Fort Wayne Drunk Driving Defense Attorney

DUI/OWI Defense in Fort Wayne

Drunk driving is known by many acronyms such as DUI, OWI or DWI, and all refer to driving while intoxicated or operating a motor vehicle with a blood alcohol content of .08 or higher, the legal BAC (blood alcohol concentration) limit in Indiana. There are a variety of reasons where a driver may be involved in a traffic stop and the law enforcement officer has a suspicion of drunk driving. These reasons include, but are not limited to swerving, driving without headlights, running traffic lights and signs, automobile accidents, speeding, and driving to slowly. Even if the officer is does not initially suspect that a driver may be drunk, observational evidence of the driver may play a role and prompt field sobriety tests and perhaps a breath test.

Charged with drunk driving in Fort Wayne?

When a law enforcement officer suspects that a driver may be under the influence, a series of field sobriety tests may be used for further confirmation. Typically, three standardized field sobriety tests (FST) are given. The one leg stand test is conducted by having the driver balancing while standing on one leg. The walk and turn test requires the driver to walk a straight line, taking heel-to-toe steps, pivoting/turning, and taking additional heel-to-toe steps. A horizontal gaze nystagmus test (HGN), or pen test, may be given. This test requires the driver to follow the tip of an object (usually a pen) with his or her eyes. An officer is makes a determination either by the driver's performance on the tests, or the behavior of the driver while undergoing the tests, as to whether the driver is impaired.

Law enforcement also relies heavily on chemical tests such as breathalyzers, or blood or urine samples to determine what substance, whether drugs or alcohol, and how much, is in the system of the suspect. If you refuse the blood or breath test, additional charges may be imposed, and your driver's license will be suspended. If you have been arrested for drunk driving, speaking with a Fort Wayne criminal defense attorney may be the best way to determine how to proceed. Being convicted of a drunk driving offense often results in jail or prison time, costly fines, probation, license suspension or revocation, and in cases of accidents, possible civil lawsuits where additional financial damages may be awarded to the victim.

Penalties depend largely on the evidence presented as well as the specific circumstance, and having a lawyer with a strong attention to detail is a vital aspect of a successful defense. Attorney Gregory A. Miller has over 14 years of experience defending those accused of drunk driving in Indiana, and has a thorough understanding of the legal system, drunk driving laws and how to best challenge the prosecutor's evidence. Attorney Gregory A. Miller will use all resources available to him whether negotiating for a reduced charge or for an acquittal at trial.

What Happens if I Violate My Probation?

During the probationary period the convicted person is subject to critical examination and evaluation. If they violate any one or more terms of their probation, they potentially face a number of repercussions. In Indiana when the court places someone on probation the court shall specify and record their conditions of probation and the court shall advise the person that if they violate a condition of their probation during the probationary period, then a petition to revoke their probation may be filed either within one (1) year after the termination of probation or within 45 days after the state is notified of the violation.

There are many different conditions of probation that may be imposed, some of which may require that the probationer register as a sex offender, work faithfully at suitable employment, undergo medical or psychiatric treatment, support their children, pay victim restitution, report to their probation officer, perform community service, undergo drug testing, and refrain from possessing a firearm etc.

Violating Conditions of Probation

Under Title 35, Section 35-38-2-3 Violation of conditions of probation of the Indiana Code, the court may revoke a person's probation if he or she violates a condition of probation during their probationary period.

If one or more conditions of probation are violated, penalties include: 

  • A warrant for their arrest may be issued
  • A summons may be issued for the person to appear
  • Continue the person on probation, with or without modifying conditions
  • Extend the probationary period for not more than one year
  • Order execution of all or part of the suspended sentence
  • Reinstate the probationary period

Note that probation may not be revoked for a failure to comply with imposed financial obligations unless the person intentionally and recklessly failed to pay. With probation violations the court shall conduct a hearing concerning the alleged violation and the court may allow for bail pending the hearing. It will be up to the state to prove that a violation occurred based on a preponderance of evidence. The individual is entitled to confrontation, cross-examination and to be represented by a defense attorney.

Penalties depend largely on the evidence presented as well as the specific circumstance, and having a lawyer with a strong attention to detail is a vital aspect of a successful defense. Attorney Gregory A. Miller has over 14 years of experience defending those accused of drunk driving in Indiana, and has a thorough understanding of the legal system, drunk driving laws and how to best challenge the prosecutor's evidence. Attorney Gregory A. Miller will use all resources available to him whether negotiating for a reduced charge or for an acquittal at trial.

Contact a Fort Wayne drunk driving defense attorney if you have been charged with drunk driving and are in need of high quality defender.

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