Muncie Law Firm

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Blog Posts in 2017

  • Your Right to Legal Advice During a DWI Investigation

    People aren’t always fully aware of their own rights when they are facing an arrest, particularly if this is the first time they’ve been detained by the police. While many know they have a right to an attorney, they don’t know at which point during the arrest they can actually invoke that right. The first thing you need to know is you do not have any formal right to an attorney until you are under ...
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  • Indiana’s Expungement Law

    Indiana passed a law in 2015 regarding the eligibility of some individuals for an expungement of their criminal records. The old rule regarding expungement was extremely harsh—only charges resulting in a dismissal, acquittal, or conviction that is later made void were eligible for restriction from public records. No one who was actually found guilty of a crime was eligible to have his or her ...
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  • Challenging the Physical Evidence in Your DWI Case

    When you’re facing a charge of driving while intoxicated (DWI), you could be facing high fines, years in jail, and the loss of your license for a certain length of time. Because the stakes can be high in these cases, it’s vital to have a skilled criminal law attorney who can help you challenge any physical evidence the prosecution might use against you in court. Physical evidence in a DWI case can ...
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  • When Does a DWI Become a Felony in Indiana?

    Many people are understandably nervous when they are arrested and charged with driving while intoxicated (DWI). However, what they don’t understand is that not all DWI crimes can be considered misdemeanor offenses. Indiana law allows some DWI charges to become felonies rather than misdemeanors, which means a felony will be on your permanent record and you might also have to serve years in prison. ...
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  • The Science Behind Fireworks

    The Fourth of July is around the corner, which means fireworks will soon illuminate the nation’s sky with a glittery light show that will surely captivate every onlooker. They are as much a part of our culture as grilling on the barbecue with friends and family on this treasured summer holiday. We have all likely enjoyed these sparkling spectacles several times, but what actually goes into making ...
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  • Understanding DWI Penalties in Indiana

    When a person drives while intoxicated (DWI), also known as operating a vehicle while intoxicated (OWI), he or she could be convicted and face severe penalties depending on a variety of factors. Blood alcohol content (BAC), the age of the defendant, and prior convictions all contribute to the severity of the charge. For example, a 1 st DWI conviction with a BAC ranging between 0.08% and 0.15% is a ...
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  • 3 Questions to Ask Your DWI Attorney Before Hiring Them

    If you’ve never been accused of driving while intoxicated ( DWI ) before, you might not know where to begin after being arrested and released on bail. First and foremost, you need to ensure you have a skilled and experienced Muncie DWI attorney on your side who can help guide you through the process. To find the DWI lawyer that’s right for you, here are a few questions you should ask each ...
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  • Defense for a DUI Accident Case

    DUI charges are serious and those convicted often face strict penalties. When an accident is added to the equation, however, the punishment can be much more severe, particularly if anyone was injured or killed. DUI convictions involving an accident are treated as felony offenses, costing individuals 8 years of imprisonment and a potential license suspension that can last up to 5 years. We ...
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  • What to Do When Your Child Gets a DUI

    Your child is facing DUI charges. One of the first and most natural responses is, of course, to feel angry, disappointed, or even afraid, but it is important to set emotions aside for the sake of your child’s future and to immediately take action. DUI convictions are incredibly serious, capable of changing an individual’s life for many years to come, regardless of age. These charges are simply ...
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  • Ignition Interlock Violation Defense

    If you were charged and convicted of a DUI and your driving privileges were conditionally reinstated, requiring that you get an ignition interlock device installed in your car, you know what an overwhelming stressor it can be. You have to blow into the device to start your car and periodically blow into it as you continue to drive. The ignition interlock also keeps record of all data, which is ...
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  • Penalties for First-Time DUI Conviction

    If you have been arrested for a DUI, you know how overwhelming this situation can be and how intimidating the law is. It is important to understand that a DUI charge is not a conviction and you should do everything possible to fight it. One of the first steps you should take is to seek aggressive legal representation to protect your rights and help you navigate the complexities of the justice ...
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  • Am I Required to Take a Breathalyzer Test?

    If you get pulled over for suspicion of operating a vehicle while intoxicated ( OWI ) in Indiana, do you have the right to refuse a breath test? According to state law, driving is considered a privilege – not a right. By getting behind the wheel, you automatically consent to a chemical test to measure your blood alcohol content (BAC). If a police officer has probable cause to believe you are drunk ...
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  • Penalties for a First-Time OWI in Indiana

    Indiana prohibits operating a vehicle while intoxicated (OWI), also known as driving under the influence (DUI) or driving while intoxicated (DWI). Penalties for OWIs vary based on a suspected driver’s BAC level, the age of any passengers, and the number and type of previous convictions. A first-time OWI with a BAC of .08% to .15% – or using an illegal drug or controlled substance – commits a Class ...
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  • Is it a Requirement to Take a Chemical Test for an OWI?

    If you are pulled over under suspicion of OWI, you will be administered a chemical test in one of the following forms: Breath Test Blood Test Urine Test Under Indiana law, you are in fact required to take a chemical test when arrested for OWI because the state considers driving a privilege, not a right. As long as your arrest was made in a lawful manner, you are held to the state’s “implied ...
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  • Firework Safety: Everyone's Responsibility

    At Brooke-Stevens, P.C., we care extensively about the safety of individuals who are involved in the fireworks business as well as those who use these products. Especially around Fourth of July, fireworks are an exciting way to celebrate with friends and loved ones. These products are even referred to in the national anthem by Francis Scott Key as a tool that adds excitement to our nation’s ...
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