A night out, a few drinks and then an accident. The damage to property is done, but the repercussions are just beginning.
A DUI with property damage can trigger a cascade of legal challenges. What steps can you take to protect your rights and future?
Life-changing impact
Indiana treats DUI cases involving property damage with particular severity. The state calls these offenses “Operating While Intoxicated” (OWI) rather than DUI.
When property damage occurs, prosecutors can elevate charges to a Class A misdemeanor, which carries penalties of up to one year in jail and fines reaching $5,000. Your license also faces immediate suspension. In cases with extensive damage, you might encounter felony charges, especially with prior convictions.
Beyond criminal penalties, you become responsible for repair costs through restitution orders, and your insurance rates typically double or triple. Many employers view these convictions unfavorably during background checks, limiting job opportunities for years.
Your defense options
Every DUI with property damage case presents unique circumstances. Still, you are not without defense options as you can:
- Challenge the traffic stop’s legality
- Question breathalyzer or field sobriety test administration
- Dispute blood alcohol content (BAC) test results
- Negotiate reduced charges through plea agreements
- Contest the property damage valuation
- Pursue alternative sentencing programs
- Examine all evidence for procedural errors
Many of these options require technical legal knowledge and experience with Indiana courts. The prosecution builds its case immediately after your arrest, so quick action matters.
Legal representation matters
The path forward after a DUI arrest often starts with making one call to a qualified defense attorney. An experienced attorney can identify weaknesses in the prosecution’s case, negotiate with district attorneys and guide you through Indiana’s legal system. They can help minimize penalties and protect your driving privileges when possible.