Johnson County Criminal Defense Protection
In the State of Indiana, potentially severe criminal penalties can be imposed against those not sufficiently protected. Many people focus initially to their detriment on the understandable reality that their license will likely be suspended even before a finding of guilt has been proven. (see license suspension section)
However, it is critical not to lose sight of the fact that a dui case in Johnson County is not considered a mere traffic offense subject to fines and points on one’s driving record. Rather, real criminal penalties are mandated upon a conviction in such cases. As a result, the sooner that a top dui defense attorney can be brought on the side of one so accused, the sooner potential criminal hardships can be brought under control.
Potential Criminal Penalties For DUI
Class “A” Misdemeanor offenses apply to first time dui offenders or those with a prior dui conviction over five years prior to the conviction in question. Such an offense carries a maximum penalty of one year in jail and a five thousand (5,000) dollar fine. No matter whether classified as a misdemeanor or not, one with a prior dui conviction no matter how remote in time must serve either five (5) actual days in jail or one hundred eighty (180) hours of community service work up to one year in jail. Further, a minimum one year license suspension would apply in such circumstances. (Specialized or work license may be available)
*Presumes that the dui did not involve injury or death to another or was committed with a child under the age of eighteen within a motor vehicle at the time of the alleged offense.
One with a prior conviction within five years commits a “Level 6″ Felony offense. Such a dui conviction may result in a range of penalties from six months in jail to a maximum of two and one half years in prison and up to a ten thousand ($10,000) fine. License suspension can range from minimum of one year to two and one half years.
One who has been found to have committed three or more dui convictions is eligible for what is called “Habitual Vehicular Substance Offender Enhancement”. In sum, whether facing a misdemeanor or not, if facing a third offense dui the prosecutor’s decision to file an “HSO” can require a mandatory minimum of between one to eight years imprisonment on top of the criminal penalties facing one under the dui charge itself.
A Level 6 Felony offense carries the prospect of up to two and one half years of court supervised terms of probation. For a misdemeanor dui offense the court can impose up to one year of court ordered terms of probation.
Such terms can range from mandated inpatient/outpatient treatment, house arrest, work release, alcohol/drug monitoring at home and/or on one’s person, ignition interlock devices affixed to one’s vehicle and a host of other court mandated sanctions to name but a few.