DISCLAIMER:This website is intended for general information and advertising purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. Any communication with us through the use of this website does not constitute or intended to create, an attorney-client relationship. We strongly encourage you to consult an attorney of your choosing to thoroughly review your legal issues. Once you select and retain an attorney of your choosing that is when an attorney-client relationship begins.
I have been released from jail following an arrest for drunk driving, can’t any lawyer handle my case?
No, drunk driving defense is a specialized field of law that requires extensive experience, training and expertise. Each county within the State of Indiana has different laws and procedures when it comes to meeting the challenges of a drunk driving prosecution. As a result, not only is it necessary to consult with a lawyer focused on dui defense but also one who is experienced in all courts throughout the state of Indiana.
Can I represent myself and avoid the expense of hiring a lawyer?
Sure you can represent yourself in your OWI/DUI case. OWI/DUI charges are serious charges and even if you think you are guilty and may not want to fight your case, there are matters that a skilled OWI lawyer is better able to handle than someone representing him or herself. Here are some reasons why you may consider hiring the Bockman & Associates, LLC rather than representing yourself:
If you represent yourself, you can put your driving privileges in jeopardy if you simply go to court and enter a guilty plea. If you have been arrested you should have been served notice of an administrative license suspension action. If you enter a guilty plea without properly addressing this license suspension action, you will not be able to get a limited permit (if you are eligible to get one at all) unless the administrative action is conducted or disposed of properly.
Sometime the prosecutor may give a bad plea offer. Even if you decide not to contest your case, an experienced OWI/DUI attorney who is familiar with the particular court your case is pending in can assess a plea offer to determine if it is worth accepting, or rejecting and taking your case to trial.
If by now you still decide to represent yourself at trial, the Indiana Rules of Evidence still applies to you. Lawyers go to law school for years to learn these rules and you will be at the mercy of a skilled prosecutor and judge if you are not careful. You may inadvertently make incriminating statements that a prosecutor can use against you if you are not represented by an attorney.
So Bockman & Associates, LLC practices OWI/DUI law in the State of Indiana, does it matter where my arrest took place in deciding what attorney to consult with?
One of the most common mistakes people make when arrested is to automatically assume any lawyer can handle your case. This decision can be ill advised and cause actions taken that a person cannot recover from. The best case thing to do is consult a defense lawyer who has extensive practice in drunk driving cases and has experience within the specific county your case is being prosecuted in.
I like to take my time when making important decisions, why shouldn’t I take my time when hiring an attorney?There is a difference between taking the needed time to research and consult with attorneys and procrastinating to your detriment. Once a drunk driving charge has been filed the clock begins on the filing of certain defenses available to your drunk driving attorney. Once these deadlines have passed significant leverage in securing the best options on a client’s behalf may be forever lost. While a drunk driving case is in the beginning stages a reviewing prosecutor must make significant discretionary decisions that can affect how your case will conclude. One of the most effective checks on this power is an assessment as to whether a potential prosecution is either weak or likely to go to trial.
How do most drunk driving cases get resolved?
While there are always exceptions, most drunk driving prosecutions in Indiana are resolved without going to trial. Successful resolution before trial can happen in different ways. A vast majority of case resolutions are resolved through extensive pre- trial negotiations between defense attorney and prosecutor. In such circumstances each side must make calculated decisions bearing upon the risks and benefits of taking a case to trial versus the certainty of a pre-trial resolution that may be of benefit to both parties. Most clients overwhelmingly prefer to take advantage of a pre-trial agreement that preserves liberty and livelihood over one that risks far more serious punishment in the wake of a guilty verdict following trial. The decision on whether trial is advisable is always the clients to make. We believe it is essential that all potential risks as well as potential weaknesses of a prosecution be explored in formulating the best decisions as to whether trial is the best route for a client to take.
Who will be responsible for defending my DUI case at Bockman & Associates, LLC?
Any and all cases defended by Bockman & Associates, LLC are handled by us and our valuable support team. Your case is important to us and will always be handled in the most effective manner possible. All of our clients can personally speak with by us phone, email, or fax any time a question may arise. We believe one of the most valuable resources we can provide is the comfort of knowing that you have our individual attention every step of the way as we face the challenges of your case together.
What are field sobriety tests and do I have to take them if asked to do so?
Field sobriety tests or FST’s are tests that have been standardized by the National Highway Traffic Safety Administration to determine if a driver is intoxicated. These tests must be performed by police officers according to a standard procedure. The results are based on the opinion of the officer who conducts them. You are not obligated to take such tests and may refuse to do so.
When can I ask to speak to an attorney in a DUI case?
Following an OWI/DUI arrest, you have the right to request the services of an attorney. You should exercise this right as soon as possible and refrain from making any statements to law enforcement until you are protected by legal representation. You do not have the right to speak to a lawyer prior to taking any chemical test.
What happens if I refuse to take a breathalyzer test?
If you refuse to submit to a breath test or blood draw, the Indiana Bureau of Motor Vehicles can suspend your license for a minimum of one year, two years if it is found you have refused with a prior dui conviction regardless of how your case turns out. In these types of cases and in counties where applicable, we need to expedite the issue of seeking to terminate the refusal suspension. Unlike license suspensions resulting from a breath or blood test of .08 or higher, a person found to have refused a breath or blood test does not receive credit toward any ultimate court ordered license suspension if they should be convicted.
I am out of state and have been arrested for drunk driving in Indiana. How can I get you to represent me?
Whether a person is out of state or simply unable to come to one of our offices due to work, school and or family responsibilities, retaining Bockman & Associates, LLC to represent you at a moment’s notice is convenient and hassle free. Simply give us a call. Information and payment info can be communicated by phone, email or regular mail.
Are all courts the same following an OWI/DUI Arrest?
No, following an OWI/DUI arrest in Indiana for a misdemeanor or felony each court is different and may very well have their own unique standards by which to impose punishment.