Legal Question in DUI Law in Indiana

I had made the mistake of drinking and driving just recently. Had thought I sobered up enough and decided to drive home, when it would have been smarter and safer to just stay where I was or have someone pick me up. I was driving and as I was approaching a stop sign at 3-way intersection my vehicle had troubles breaking. I was coming from the street that had the stop sign, the other two ways did not have to stop. There had been no traffic from either direction so no other vehicle was involved, but my vehicle had wound up on a guard rail. I got out of my vehicle for a moment to collect myself, and tried to call a tow truck to get my vehicle off from the guard rail and out of the way of the street. Before I could even get hold of a towing company, the police pulled up to check if I was ok. I had been cooperative and took some sobriety tests. They all seemed to go well till the breathalyzer. I blew a 0.16, double the limit. I told the officers I understood the mistake I had made and was ready to follow any instructions. I had never had such an accident like that before, so was unfamiliar with the process. I just tried to do my best to follow orders. I was taken to the station in cuffs and the police assured me that they were getting a truck to move my vehicle. I spent the night in jail, from shortly after the time of arrest; 2:55AM-10:15AM the following morning. It was bearable and I got to make a phone call while waiting. Called home and told my parents the situation; they came to bail me out in the morning. I had my license taken away for the time being and have a piece of paper to take it's place for now. I received some other receipts and paper work for my court order which is August 19, 2013. The crash happened July 20, 2013. So it will be about a month till the court date. I have a few questions since I've never been through this before. One of my big concerns is the fact that I start school on August 20th, the day after the court date, in another city. I'm sure I'll still be able to get down there in time for the first day of classes, but it would be nice if there was a way to request for the court date to be moved up. I have also been told that most of the time with OWI cases, the criminal is put in some sort of probation, has suspended license, and normally assigned community service. If I'm going to school in another city, would that be in violation of my probation? Would there be a way to come to some sort of agreement with a judge about the terms of probation so that I can continue my education? Same type of question goes for the idea of community service. I understand the point is to repay the community you had committed the crime in, but I will be moving away for school, could terms be negotiated? I just want to know what I'm about to get into for this court date and whether or not it will affect my schooling. I believe that's all the information I have for you. If there are any questions, feel free to ask, and any help is appreciated. I made a horrible mistake and just hope it didn't ruin my future entirely.

Asked on 7/20/13, 7:57 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

You are really asking for comprehensive advice about your case, which is broader than this forum can provide. You need to pay for a lawyer in the community to answer these questions for you. The answers to many of your questions are specific to your community.

Good luck.

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Answered on 7/22/13, 1:45 pm

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