First Dui Indiana (Tippecanoe County)

[bobbymcbobberso]

Charged with an Operating while intoxicated. Refused to submit to the breathalyzer, took the field tests, and was later transported to the hospital to get my BAC taken by blood. My BAC was .14.

I talked to a past professor who is a lawyer and he said that I can expect an alcohol assessment, community service, some sort of probation. I live in a different county and was in Tippecanoe for school.

Here are my questions..
Can I get the community service/alcohol assesment in my home county?
What does "probation" entail?
Since my license is suspended for a year (Refusal), how can I get to the community service, work, etc?
What type of community service would be typical?
Do people normally accept the plea agreement? Should I have someone present before I accept the agreement?
What are my chances of deferment and what exactly does that mean?
Should I contact a DUI attorney, or wait until after I disagree with the plea agreement (if I do)?


Thanks all

[xylene]

Can I get the community service/alcohol assesment in my home county?

Most likely that will be allowed.

What does "probation" entail?

You will be subject to supervision and drug and alcohol tests. There may be other elements - interlocks, alcohol classes, AA...

Since my license is suspended for a year (Refusal), how can I get to the community service, work, etc?

You will be expected to arrange your own transportation (rides, walk, bike) or avail yourself of public transit. A hardship license may be an option - do not abuse that privilege if given it.


What type of community service would be typical?

Ask the probation department. You may have options.

Do people normally accept the plea agreement?

That depends. You should be counseled by a lawyer before going to court or agreeing to anything.

Should I have someone present before I accept the agreement?

YES. DWI is not a DIY thing. It is a serious criminal matter.

What are my chances of deferment and what exactly does that mean?

You need a lawyer to have any hope of defferement.

Should I contact a DUI attorney, or wait until after I disagree with the plea agreement (if I do)?

Contact a DWI lawyer ASAP - you do not want to wait.

[Indiana Filer]

Originally Posted by bobbymcbobberso

Charged with an Operating while intoxicated. Refused to submit to the breathalyzer, took the field tests, and was later transported to the hospital to get my BAC taken by blood. My BAC was .14.

I talked to a past professor who is a lawyer and he said that I can expect an alcohol assessment, community service, some sort of probation. I live in a different county and was in Tippecanoe for school.

Just FYI, IU is better than Purdue.

Anyway, in Court, when you plead guilty or are found guilty, tell the Court that you are going to be moving home to whatever county, and ask if your probation could be transferred there. Are you coming back to West Lafayette in the fall? Let the Court know that also. There shouldn't be a problem getting it transferred, in most cases.

Here are my questions..
Can I get the community service/alcohol assesment in my home county?

Probably. That's why you need to tell the Court you're moving. The judge has probably had lots of cases with this sort of situation, since Purdue is there.

What does "probation" entail?

You'll have a probation officer assigned who will make sure you do everything the Court orders. You won't be allowed alcohol or drugs, and will be tested to make sure of that. Expect urine drug screens and breathalyzer tests, and don't refuse to take them. You'll probably have classes, and possibly be ordered to complete IOP (intensive outpatient treatment) classes. Expect to pay several hundred dollars in probation user's fees and Court costs.

Since my license is suspended for a year (Refusal), how can I get to the community service, work, etc?

Bicycle? Bus? Walk? Beg rides off friends? Taxi? You MIGHT be able to get a license to drive to and from work only. Maybe.

What type of community service would be typical?

In my county, we put adults on road crew. They mow grass, weedeat, pick up trash along the road, etc. Some of our clients do their CSW at Goodwill.

Do people normally accept the plea agreement? Should I have someone present before I accept the agreement?

It never hurts to have legal representation. Your choice.

What are my chances of deferment and what exactly does that mean?

I'd think your chances of a deferment went out the window with your refusal to test. Also, some prosecutors do not offer deferments to DUI cases.

Should I contact a DUI attorney, or wait until after I disagree with the plea agreement (if I do)?

It never hurts to have legal representation. If I had a DUI, I'd want an attorney.

Thanks all

You're welcome.