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Indianapolis Criminal Attorney
John "Jack" Razumich
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Andrew Redd
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Understanding the Criminal Justice System

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The Challenges of a Double DUI in Indiana

A man and his wife ended up in double DUI trouble outside of Poseyville, Indiana recently. According to Fox59, the Indiana man was driving home one evening when he crashed into a semi-truck. He called his wife to pick him up at the scene of the accident. But when she arrived, she promptly crashed into his car, which was still on the roadway. Both cars were completely wrecked.

A blood alcohol test revealed that both the man and woman were well over the legal limit for driving. The woman’s blood alcohol content (BAC) was .22 percent, and the man’s was even higher at .28 percent. In Indiana, you’re considered legally drunk with a BAC of .08 percent. Now, both husband and wife are charged with DUI.

This event has complicated this couple’s life in more ways than one. Aside from the fact that both their cars are now totaled, they’re both facing possible jail time and stiff financial penalties. Under Indiana law, a person convicted of operating a vehicle with a BAC of .15 percent is guilty of a Class A misdemeanor, punishable by up to one year in jail and a $5,000 fine. They are also likely to have their drivers’ licenses suspended for the 180 following their failed blood alcohol tests.

What’s more, Indiana is an “at-fault” state. At-fault means that the insurance company of the driver who caused the accident is liable for the accident’s costs–as well as those of everyone involved. Given that both couples were legally drunk at the time of the accident, there’s a good chance that the law will find them at fault.

That said, fault can be shared between drivers. If an investigation reveals that the semi driver in the first accident was also at fault–perhaps the truck swerved into the man’s lane–a specific percentage of blame can be assigned to them. In that case, the semi driver’s insurance will be responsible for that percentage of the costs.

Even if semi driver is partially responsible, apportioning blame will be further complicated because the man’s wife created further damage to the car by slamming into it. The insurance companies will have to determine how damaged the man’s car was before his wife drove into it to distribute the costs appropriately.

If you’re facing charges in Indiana for DUI, it’s essential to get an experienced criminal defense team on your side as soon as possible. The attorneys at Razumich & Associates will fight to ensure your legal rights are protected and defend you against the charges. Contact us today to learn more.

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