By Ryan E. Lackey | Published March 6, 2026 | Posted in DUI defense | Tagged Tags: criminal, intoxicated, prosecution, sobriety tests |
Driving under the influence of alcohol or certain controlled substances in Indiana is officially called operating while intoxicated (OWI). When someone is charged with OWI, they face two distinct and simultaneous processes: a criminal prosecution in the court system and an administrative action initiated by the Indiana Bureau of Motor Vehicles. OWI can be charged Read More
Read MoreIn Indiana’s hierarchy of felony offenses, Level 6 felonies sit in a unique position. They are serious enough to carry felony penalties, but courts can sometimes treat them like misdemeanors. That is why they are referred to as “wobblers.” Understanding how these charges are dealt with by criminal courts is important to protecting your rights Read More
Read MoreWhen someone is charged with a crime in Indiana, their first appearance in criminal court is known as the initial hearing. This hearing is not about arguing the facts of the case or proving guilt or innocence. It is a procedural checkpoint focused on reading the charges, setting bail and making sure the defendant is Read More
Read MoreIndiana’s stand-your-ground law outlines the circumstances in which individuals are legally justified in using force, including deadly force, to defend themselves, others or their property without the obligation to retreat. The law states that a person can use reasonable force, including deadly force, if they reasonably believe it is necessary to prevent serious bodily injury Read More
Read MoreRestitution is a common component of sentencing in theft-related criminal cases in Indiana. It represents the court-ordered payment by an offender to a victim, intended to compensate for the financial losses resulting from the crime. Under Indiana law, courts are vested with the authority to order restitution as a part of the sentence upon conviction Read More
Read MoreExpungement in Indiana is a legal process designed to offer individuals a fresh start by sealing their criminal records from public view. The primary goal of expungement is to remove barriers to employment, housing, education and other opportunities for individuals who have paid their debt to society and demonstrated rehabilitation. If expunged, the records will Read More
Read MoreIn common discourse and in the media, the term “assault and battery” is often used to describe a single criminal offense. However, under Indiana law, these terms represent distinct legal concepts with separate definitions. Although Indiana does not recognize assault as a standalone crime, it addresses similar conduct under the offense of “intimidation.” Notably, intimidation Read More
Read MorePre-trial diversion offers an opportunity for certain people facing criminal charges to avoid prosecution and the consequences of a criminal conviction. This remedial program is intended to address behaviors that can be corrected without immediate recourse to punitive measures. Also known as withholding of prosecution, pre-trial diversion is primarily available to first-time offenders charged with Read More
Read MoreDUI checkpoints are used by law enforcement to deter driving under the influence of alcohol or drugs and to identify and apprehend drivers who do so. In Indiana, such checkpoints are more common during summer months and holidays, when impaired driving is more likely. Although random traffic stops are generally unconstitutional, the U.S. Supreme Court, Read More
Read MoreIndiana’s Stand Your Ground law provides a legal defense for individuals who use reasonable force to protect themselves, others or their property under specific circumstances. The law states that a person is justified in using reasonable force against another individual to protect themselves or a third person from what they reasonably believe to be the Read More
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