DUI in a School Zone
Indiana attorney defends cases of drunk driving near school property
Every DUI charge is serious, but if you’re arrested within a school zone, you face even worse consequences. Indiana law imposes harsher penalties for violations in school zones as part of a state policy to protect vulnerable populations. Fort Wayne defense attorney Ryan Lackey has more than 20 years of experience defending DUI cases in Indiana. If you’ve been charged with a DUI in a school zone, we are prepared to deliver the aggressive defense you need in these difficult cases.
How school zones are treated differently
Under Indiana Code 9-30-5-1, a school zone is defined as an area within 500 feet of a school, school bus or designated school property during times when children are present. DUI in a school zone, similar to DUI with minor in car, elevates charges and penalties as a deterrent to reckless behavior that endangers public safety.
Penalties and sentencing for school zone violations
A typical first-time DUI is a Class C misdemeanor, carrying up to 60 days in jail and a $500 fine. When committed in a school zone, however, the same violation becomes a Class A misdemeanor, carrying up to one year in jail and a $5,000 fine. With additional aggravating factors, such as a blood alcohol concentration of 0.15 percent or higher, the offense can be charged as a Level 6 felony, with six months to 2.5 years in prison possible as well as a $10,000. Additional consequences include license suspension of up to two years, mandatory alcohol education or treatment and a permanent criminal record.
Common defenses against school zone charges
Effective defenses that challenge school zone DUI charges include:
- Improper stop — This defense argues that law enforcement lacked reasonable suspicion for the traffic stop, in violation of your constitutional rights.
- Inaccurate field sobriety tests — Driver can contest results if tests were improperly administered or may have been affected by environmental factors like uneven pavement.
- School zone designation errors — The area may not have been clearly marked as a school zone.
- Challenging BAC evidence — There might be grounds for challenging breathalyzer calibration or administration or the accuracy of blood tests.
A knowledgeable attorney may also negotiate for reduced charges or diversion programs for first-time offenders and cases of underage drinking.
DUI with aggravating factors in school zones
Aggravating factors in school zone DUIs significantly increase penalties. A high BAC (0.15 percent or above), a prior DUI conviction or the presence of a minor in the vehicle can elevate the charge to a Level 6 felony, with potential jail term of six months to 2.5 years and a fine of up to $10,000. Causing injury or property damage in a school zone can further escalate the charge to a Level 5 felony, carrying a prison term of one to six years and a fine of up to $10,000.
How a criminal defense attorney can help
Our DUI defense attorney meticulously analyzes case details, challenging improper stops, faulty tests, or school zone designations. He is dedicated to protecting clients’ rights during interrogations and court proceedings, aiming to minimize penalties like jail time and license suspension. In some cases, felony charges can be reduced to misdemeanors.
Contact an effective school zone DUI lawyer in Fort Wayne, Indiana
The Law Offices of Ryan E. Lackey offers free consultations for school zone DUI cases and cost-effective representation to fight the charges. Please contact us online or call us at 260-222-7364.
