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DUI for Out-of-State Drivers

Indiana Attorney Experienced with Cases of DUI for Out-of-State Drivers

Fort Wayne lawyer defends drunk driving charges for non-Indiana residents

Indiana’s state motto is “the Crossroads of America,” and in fact, more than 100 million vehicles crisscross the state annually. It is inevitable that a number of out-of-state drivers are arrested for drunk driving. A DUI for out-of-state drivers follows the same legal path as for state residents, and these drivers face equal jeopardy of jail time, fines and loss of driving privileges. Because of the risks and the complexity of fighting the charges, out-of-state drivers need trustworthy criminal defense counsel. The Law Offices of Ryan E. Lackey is ready to provide an aggressive defense, challenging every element of the case against you.

Consequences of an out-of-state DUI

The official term for drunk or drug-impaired driving in Indiana is operating a vehicle while intoxicated (OWI). However, the term DUI is used in common parlance. Your DUI offense will be charged as a misdemeanor or felony depending on various circumstances, such as:

  • Prior DUI convictions
  • Blood alcohol content level
  • Whether there was an accident, bodily injury, or death
  • Whether you had a minor passenger

Indiana courts consider DUI convictions from other states as prior convictions.

A conviction in Indiana court subjects you to:

  • Jail or prison time 
  • Fines
  • Community service
  • License suspension
  • Mandatory alcohol education program
  • Installation of an ignition interlock device
  • Other penalties the court deems appropriate

You must appear in court in Indiana for all case proceedings.

How out of state drivers are impacted by DUI in Indiana

Indiana is a signatory of the Interstate Driver’s License Compact, an agreement among 45 states to share information about traffic offenses impacting driving privileges. The signatory states agree to enforce each other’s judgments when it comes to license suspensions and revocations. If you come from a state other than Wisconsin, Tennessee, Georgia, Massachusetts and Michigan, your home state will enforce the Indiana judgment. This includes administrative license suspension for refusals of chemical testing in violation of Indiana’s implied consent law. 

Challenges for out-of-state DUI defendants

There are numerous challenges for an out-of-state driver who is charged with DUI:

  • Time and expense attending hearings in Indiana court
  • Being subject to local court rules and procedures
  • Being subject to Indiana state laws 
  • Going to trial as a “foreign” defendant

These complications can raise the stress associated with the proceedings. You’re already facing serious consequences, so you must have confidence in your defense counsel. 

An experienced DUI attorney in Fort Wayne can raise a variety of proven DUI defense strategies. These include:

  • Challenging the legal basis for the traffic stop
  • Challenging whether a roadside test provided probable cause for an arrest
  • Challenging the accuracy of chemical testing
  • Offering affirmative defenses, such as not being engaged in the operation of the vehicle

When faced with adverse facts, a skilled attorney can nevertheless pursue a positive result by arguing for a reduction in charges and/or entry into a diversion program. As your legal representative, our firm explores every pathway to a resolution that preserves your liberty and your license.

Contact a reliable criminal defense attorney for out-of-state driver DUI cases

The Law Offices of Ryan E. Lackey provides staunch defense for out-of-state drivers arrested for DUI in Indiana. For a free consultation, please call us at 260-222-7364 or contact the firm online.

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Our Office
  • Fort Wayne Office
    1519 Spy Run Ave.
    Fort Wayne, Indiana 46805
    Phone: 260-437-0197
    Fax: 260-745-4703