Fort Wayne DUI Lawyer
Fort Wayne Indiana DUI Lawyer Patrick Arata
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Fort Wayne Indiana DUI Lawyer
Patrick J. Arata
Practice Areas: Criminal Law; DUI Defense; Personal Injury; Drugs and Narcotics; White Collar Criminal Defense.
Admitted: 1979, California and U.S. District Court, Eastern District of California; 1980, Indiana; 1981, U.S. District Court, Southern and Northern Districts of Indiana, U.S. Court of Appeals, 7th Circuit and U.S. Tax Court; 1985, U.S. Supreme Court
Law School: McGeorge College of Law, Sacramento, California, J.D., 1979
College: Indiana University, Bloomington, B.A., 1976
Member: National Association of Criminal Defense Lawyers (Life Member); Indiana State Bar Association; Indiana Trial Lawyers Association (ITLA); Association of Trial Lawyers of America (ATLA); American Bar Association (ABA); Allen County Bar Association (Chairman, Criminal Defense Attorney’s Section, 2000-).
Biography: Named, "Super Lawyer," Criminal Defense and DUI Defense, 2005, 2006, 2007 and 2008. Deputy Public Defender, Allen County, 1987-1992. Sustaining Member and Indiana State Representative, National College for DUI Defense. Past President and Master, American Inns of Court, Benjamin Harrison Chapter. (Board Certified Criminal Trial Advocacy Specialist by the National Board of Trial Advocacy)
Born: Fort Wayne, Indiana, February 28, 1953
Indiana First Offender
You are OWI in Indiana if you had a blood alcohol content (BAC) of .08% or greater. The limit is 04% for commercial drivers license (CDL) holders and .02% for those under 21. The first offense is a misdemeanor.
Legal limit is .08, only .04 for commercial drivers license (CDL) holders and only .02 for those under 21. Subsequent offenses or those involving death or serious bodily injury are felonies. License suspensions range from 90 days to 5 years depending on offense. On second convictions there is mandatory jail time, and felony convictions on third or subsequent offenses are non-suspendible with minimum 6 months incarceration. Habitual Traffic Violator law for repeat offenders provides for license suspensions of 5 years, 10 years, or life.
An OWI carries a possible penalty of 60 days to one year in jail, with no mandatory minimum sentence.
A possible fine of $500 to $5,000, with no mandatory minimum.
A test of .08% BAC or higher will result in a 180 days administrative suspension of your driving privileges. The 180 day suspension may be reduced to as little as 30 days if your case is concluded.
You can obtain a hardship license after 30 days of the administrative suspension.
In Indiana, 1st offenders are eligible for deferment of charges provided they complete an alcohol evaluation and treatment program. Upon successful completion, charges are dismissed. An individual may participate only once in this program.
Alcohol Evaluation & Treatment
Court ordered, and a prerequisite for first offender deferent. Treatment options depend on the outcome of the evaluation.
You are required to submit to any chemical (blood, breath or urine) test offered by an officer. There is a one year license suspension if you refuse to submit to a chemical test.
As a condition of being granted a probationary license, you may be required to operate only vehicles equipped (at your own expense) with an ignition interlock, which prevents you from driving the car if you have any alcohol in your system.
Under 21, you are DUI if you had any alcohol at all in your system. Penalties listed for underage first offenders with a BAC greater than 0.02% but less that .08% are the same as those for first offender adults, except that your license will probably be suspended for a year rather than 180 days.
Your insurance rates will probably climb considerably, and your insurance carrier may drop you. The rates for family members and sometimes your employer can increase as well.
More Serious Charges
You may be charged with felony DUI (possibly leading to much greater penalties) if you are involved in a crash involving serious injury or death.
COMMONLY ASKED QUESTIONS AND ANSWERS
- TYPE OF CASES OUR FIRM HANDLES
I have successfully tried many cases to bench and jury trials including dui, drug cases, white collar, internet crimes, wrongful death and various other criminal and traffic cases.
- WE THINK YOU SHOULD HIRE US IF:
You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial the decision however will ultimately be yours.
- OUR FIRM IS NOT RIGHT FOR YOU IF:
You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.
- IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
I personally communicate whenever possible. I have my cell phone with me 24 hours a day so you can always call me. If you get a voicemail I’m likely in court or with a client so leave a message and I will call you back as soon as possible. My office phone is (260) 424-1010 or email email@example.com
- THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.
- OUR CLIENTS WILL TELL YOU THAT:
My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.
- OUR PHILOSOPHY ON HOW WE APPROACH OUR CASES IS:
Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutors the better our chances of getting the case dismissed or a favorable plea agreement.
- OUR BEST RESULT IN A CASE WAS:
I have successfully tried all levels of criminal and traffic cases including murder and received repeated not guilty verdicts. I call those cases where my client had the most at stake my best results. No criminal lawyer "specializes" in defending one type of case but I have also received good results for clients that had other very serious charges such as criminal sexual assault, armed robbery, drug trafficking,and serious dui charges
- OTHER LAWYERS THINK THAT WE:
I have consistently received the top ranking for ethics and legal ability when ranked by other lawyers and judges. My top ranking came from an anonymous survey of judges and lawyers which adds credibility to the ranking.
- IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
During our free initial consultation I will answer any questions. Please call (260) 424-1010.
Do You Need a Lawyer?
Every state has some sort of "drunk driving" statute. The term "drunk driving" is in quotes because none of these laws require that you be "drunk" or "intoxicated" to be guilty. All that is required is that your ability to operate a vehicle has been impaired to any extent at all or that your Blood alcohol level exceeds the state limit (which is now .08% in all states). Some states call it DWI (Driving While Intoxicated), but it refers to the same offense. The consequences of differ drastically from state to state and are influenced by your age, blood alcohol limit (BAC), whether you have been arrested for in the past, and whether you caused injury or death during the .
A Lawyer can help...
Assess your legal situation
An experienced Defense lawyer can help you understand what you are up against and the fines you may be required to pay. A lawyer mostly deals with matters and knows the process inside and out – including options that a public defender may not tell you.
Explain the consequences
The consequences of a vary greatly from state to state and a lawyer will be able to explain how those consequences in your state apply to you such as (1) harsher punishments for those arrested with BAC limits over .08, (2) special laws for underage drivers arrested for , (3) possible community service or plea bargaining, (4) overlapping jurisdiction of Courts and your state's motor vehicle licensing department to suspend or revoke your license, and (5) contingent license programs that allow you to use your vehicle to get to and from work.
Manage the process
Dealing with the motor vehicle department can be frustrating and time consuming. A Lawyer can manage the process for you by completing the required forms; making phone calls; scheduling and/or representing you at a Motor Vehicle Department suspension hearing, and making other necessary arrangements.
Represent you in court
An experienced Lawyer knows the ins and outs of the courtroom and may be able to obtain a lesser sentence for you if your situation and state law allows for it.
Don't know if a Lawyer is right for you? Here are some general guidelines:
Definitely hire a Lawyer if you already have several 's and receive another; or if your arrest was the result of an accident or if anyone was injured; or if you are a professional driver whose livelihood depends on keeping your license.
Seriously consider hiring a Lawyer if you've been arrested for a second (in the same or another state) or were arrested with a BAC limit over double the legal limit as harsher penalties may apply.
You might want to hire a Lawyer if you don't understand your rights or laws, what you need to do, or the consequences you face. You also might want legal representation if you are in a profession (or plan to be) that requires bonding or in which any criminal conviction might prevent you from getting or keeping a professional license. If you don't know the requirements, then you need expert advice before handling the case yourself.