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DUI Defense

Mark Worthley is an excellent attorney! He gets the job done! Definitely worth hiring!

Diane T.
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Northwest Indiana DUI Lawyer

At Worthley Law, we understand the stress and uncertainty you may be experiencing if you’ve been charged with a DUI. These are serious charges that could result in a jail sentence:

  • Driving Under the Influence (DUI)
  • Driving While Intoxicated (DWI)
  • Operating a Vehicle While Intoxicated (OVWI)

As a former prosecutor, Mark Worthley knows that you need an experienced Valparaiso criminal defense attorney whom you can trust and who has the experience to assure you or your loved one the best outcome. That’s why Mark always goes the extra mile for each of our clients. Our team genuinely cares about our clients’ lives, families, and careers, and we will fight for them to secure a bright future.

If you or a loved one has received criminal charges such as DUI, DWI, or OVWI, we urge you to take the first step today and call us to schedule your free initial consultation.

Take Action Now to Protect Your Future

It’s never too soon to take action to defend yourself and protect your future. Here are some ways you can work with our legal team to get your case moving immediately.

Determine Your Eligibility for Case Diversion or Dismissal

Depending on the location of your arrest, the nature of the charges, and your criminal history, you may qualify for a Pre-Trial Diversion program. If you’re eligible and complete the program successfully, the state will dismiss the charges against you.

Prevent Jail Time

We will work towards the primary goal of helping you avoid jail time whenever possible. Of course, we can’t make any guarantees, but you may not have to serve time in jail, depending on your criminal background and case circumstances.

Evaluate the Evidence and Circumstances of Your DUI Case

When police investigate a suspected DUI/OVWI, they must follow every legal requirement to the letter. For example, you may have grounds to exclude some or all of the evidence against you if the police:

  • Lacked reasonable suspicion to pull you over
  • Improperly collected a breath or blood sample
  • Failed to follow procedures in another way

Worthley Law is well-versed in Indiana DUI laws, and we’ll examine every bit of evidence in your case to build you an effective representation strategy.

Determine Potential Plea Bargain Options

Certain cases may be eligible for a plea bargain. Your skilled DUI lawyer will negotiate the best possible terms if your case qualifies. Attorney Mark Worthley is a former Deputy Prosecutor, so he knows what the state looks for in a plea bargain and how to handle the negotiations.

Determine License Eligibility

A DUI charge has repercussions on the legal status of your driver’s license. We’ll evaluate the nature of your case to determine whether you face license suspension and for how long.

Some clients may qualify for Specialized Driving Privileges, also known as a hardship license, which allows you to drive in specific circumstances such as to work, school, religious activities, court appearances, and medical appointments. This privilege would make your life much easier than having a full license suspension.

What Qualifies as a DUI in Indiana?

For the police to charge you with a DUI in Indiana, non-commercial drivers must have a blood alcohol content (BAC) of .08% or higher. Commercial drivers can face DUI charges if their BAC is .04% or higher. If you’re under 21, the legal limit drops even further to .02%.

Whether the police collect a blood sample or breathalyze you, they will arrest you for DUI if your BAC is at or above those levels. If you’re driving under the influence of drugs, you can face OVWI charges.

Indiana DUI Sentencing Requirements

As an experienced DUI lawyer in Valparaiso, Indiana, Mark Worthley has handled many DUI cases successfully.

Usually, the first question we get from clients is, “What type of sentence can I get for a DUI charge?” The answer depends on a few variables:

  • Driving Under the Influence (DUI)
  • Driving While Intoxicated (DWI)
  • Operating a Vehicle While Intoxicated (OVWI)
  • Driving Under the Influence (DUI)
  • Driving While Intoxicated (DWI)
  • Operating a Vehicle While Intoxicated (OVWI)

If you have prior DUI convictions, your likelihood of receiving a jail sentence is much higher. However, with an experienced DUI attorney like Mark Worthley fighting on your behalf, you have a much better chance of receiving a favorable outcome in your case.

Every state has specific sentencing guidelines for DUI cases. Remember that every case is different, and its outcome will vary based on the particular circumstances of your arrest. Here are the general sentencing requirements for a first-time DUI conviction in Indiana, as well as second and third offenses:

DUI Conviction in Indiana

While a first DUI is often charged as a misdemeanor, this is not true in all cases. If driving under the influence leads to severe injuries to another person, for example, the charge may be elevated to a major felony with increased penalties, including further incarceration or probation.

First DUI Conviction in Indiana

  • Up to one-year jail sentence*
  • Probation is possible
  • Random drug and alcohol screenings
  • Substance abuse evaluation and treatment
  • Community Service
  • Fines of up to $5,000, plus court fees
  • Driver’s license suspension of 60 days to two years
  • Required attendance at a victim impact panel

*Although rare, some first-time DUI convictions are eligible for pre-trial diversion programs (Title 12 Deferral), depending on the county where the arrest occurred.

Second DUI Conviction in Indiana

A second DUI conviction will result in a mandatory minimum of 5 days in jail. However, any additional penalties for a second DUI conviction will depend on several factors, including how much time has passed since the first conviction. The consequences may include:

  • Additional jail time
  • Additional probation
  • Random probationary drug and alcohol screenings
  • Mandatory substance abuse evaluation and treatment
  • Fines up to $10,000, plus court fees
  • Driver’s license suspension for up to two years
  • A felony conviction on your criminal record
  • Community service
  • Required attendance at a victim impact panel

Third DUI Conviction in Indiana

A third DUI conviction in Indiana carries all the same sentencing possibilities as a second DUI conviction, plus these additional consequences:

  • Habitual Traffic Violator designation, which can result in license suspension for several years
  • Habitual Vehicular Substance Offender charge, which carries a minimum sentence of one year in prison to a maximum of eight years

As stated earlier, your specific sentence and the outcome of your case will vary depending on your charges and other factors. Whether you think the state has an ironclad case against you or believe they have zero evidence, hiring a DUI attorney is still necessary. We may be able to help your case in ways you may not realize.

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