The acronym "DUI" literally stands for Driving Under the Influence. The most common DUI offense is driving with a BAC (blood-alcohol concentration) over the legal limit of .08. However, DUI offenses include operating a vehicle while under the influence of any legal, illegal, prescription or non-prescription drug as well as any other substance that has mind altering characteristics.

Indiana and many other states in the US use the acronym "DUI" to denote offenses related to operating a vehicle under the influence of drugs or alcohol. The specific criminal offense may be called, depending on the jurisdiction, driving while intoxicated (DWI), driving while impaired (also DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), or, of course, driving under the influence (DUI). Such laws may also apply to boating and piloting aircraft depending on which state the offense occurs. Even bicycling under the influence in some states such as California can constitute as a DUI.

Regardless of the term or acronym, it is a criminal offense in all states to drive a vehicle while under the influence of alcohol, drugs, or a combination of both. To be charged with this offense, evidence of impairment as a result of drugs or alcohol must be present and visible. Today's statutes commonly provide for two separate and distinct criminal offenses.

The first, the traditional "drunk driving" offense, consists of driving under the obvious influence of alcohol and/or drugs clearly evident by physical attributes such as erratic driving, slurred speech, unsteady gait, and performance on a field sobriety test. This crime generally results from an officer's observations of a vehicle or the reports of other motorists.

The second offense, commonly called a "per se" offense, relies mainly on the results of a blood alcohol concentration (BAC) test given at the time of the incident as evidence of the driver’s impairment and/or intoxication. An individual may be charged with both offenses if both offenses are present.

Driving under the influence often results in a misdemeanor charge for the driver involved and is punishable by up to one year in jail. However, the offense may be elevated to a felony if the incident involved a fatality, serious injury, or extensive property damage. Accidents involving serious injuries often result in a felony DUI for the driver under the influence. Accidents involving fatalities result in the impaired driver receiving a much stronger sentence, such as vehicular manslaughter or vehicular homicide. Felony DUI charges, vehicular manslaughter, and vehicular homicide charges can all result in sentences that include up to 3, 8, or 20 years in an Indiana State prison.

Keller & Keller only represents the victims of accidents that were either partially caused or were the result of the operation of a vehicle while under the influence of alcohol and/or drugs. If you have been injured in an accident due to the negligence of an impaired driver, our goal and purpose is to assist you in recovering physically and financially. Every case is different and presents is own case specific challenges, however, with over 70 years of experience, our Indiana DUI litigation attorneys have the knowledge necessary to handle any legal situation that may arise.

Drunk driving affects everyone on the road. Every 33 minutes in the United States, someone dies as a result of an accident involving an intoxicated driver. In Indiana, DUI statistics are just as frightening. Of all the motor vehicle accidents in the State of Indiana involving fatalities each year, around 17-19% are caused by the negligence of an intoxicated Indiana motorist. To further illustrate, in 2003, serious Indiana auto accidents killed 835 Hoosiers. Of the 835 killed that year, 144 Hoosiers died as a direct result of intoxicated driving. Approximately 3 of 10 Americans will be involved in an accident involving a drunk driver at some point in their lives. Furthermore, according to a government study, over one third of all deaths of people age 15-20 are a result of driving while under the influence of drugs or alcohol.

These statistics serve as clear evidence as to why drunk driving or driving under the influence is America's most commonly committed violent crime. The Indiana State Police made over 7000 DUI arrests last year. DUI arrests appear to be on a downward trend, which could be due to increased awareness and tougher enforcement of Indiana State laws. Your county prosecutor's office brings justice every day by prosecuting offenders who have injured or killed others to the full extent of the law.

Similarly, Keller & Keller focuses solely on proving the liability of the negligent party by mandating them to pay a monetary penalty for any injuries, fatalities, and property damages that they may have caused while under the influence. Our Indiana DUI accident attorneys help clients adversely affected by the negligent actions of a drunk driver to restore their financial and physical well being. Though lives lost as a result of intoxicated driving can never be restored, Keller & Keller takes pride in fighting to make offenders pay for their actions through a system of justice.

A 2005 MADD and Nationwide Insurance Survey Conducted by Gallup
Drinking and Driving: Americans' Greatest Highway Safety Concern

• Driving under the influence of alcohol or other drugs was listed as the greatest highway safety problem by the largest percentage of respondents (37 percent)--up from 29 percent in 2000-- followed by speeding (27 percent) and cell phones (19 percent).
  
  
• Most respondents (94 percent) cite driving under the influence of alcohol as a major highway safety problem, followed by driving under the influence of illegal drugs (87 percent) and aggressive drivers (83 percent).

Most Americans Support Sobriety Checkpoints

• Eighty-seven percent say they support the use of sobriety checkpoints to check for drunk drivers.
  
  
• Support for sobriety checkpoints has increased from 79 percent in 1993 to 83 percent in 2000 to 87 percent in 2005.
  
  
• Eighty percent say they would be discouraged from drinking and driving by sobriety checkpoints, up from 76 percent in 2000.

Top 10 Factors to Discourage Drunk Driving

• Realizing they could kill or injure others .................................96 percent
• Realizing they could kill or injure themselves ..........................91 percent
• Jail sentence .......................................................................91 percent
• Possibility of losing their license ............................................89 percent
• Paying substantial fines ........................................................85 percent
• Having car impounded ..........................................................85 percent
• Installing an ignition interlock in vehicle if caught .....................81 percent
• Fear of losing their job ..........................................................80 percent
• Sobriety checkpoints ............................................................80 percent
• Increased auto insurance rates ..............................................80 percent

Most Americans Say "Yes" to .08 BAC Drunk Driving Standard

• Eighty-eight percent of respondents say they support .08 percent blood alcohol concentration (BAC) as the illegal drunk driving limit.

Driving Under the Influence / Discouraging Impaired Drivers

• Sixty percent of those surveyed said they had operated a car or truck under the influence of alcohol or close to being under the influence of alcohol, up from 57 percent in 2000.
• Nearly one in five (17 percent) drivers say they had, in the past week, encouraged someone not to drive because they suspected he/she had been drinking too much. Among this group, three in every four (77 percent) said they were successful in preventing someone from drinking and driving.

Top 10 Methods to Reduce Drunk Driving

• Encouraging the media to run free public service ads ...........................................92%
• Requiring repeat offenders and high BAC offenders to install an ignition interlock...91%
• Giving convicted drunk drivers bigger fines and longer jail terms.............................90%
• Requiring all DUI offenders to undergo mandatory alcohol abuse assessment.........90%
• Making it illegal to have an open container of alcohol in the car..............................89%
• Increasing news coverage of drinking and driving...................................................87%
• Using sobriety checkpoints.................................................................................87%
• Requiring all drivers and passengers to wear a seat belt........................................87%
• Authorizing impoundment and sale of car belonging to repeat offender....................84%
• Initiating government restrictions on alcohol advertising that appeals to youth.....83%

In 2006, 17,602 people were killed as a result of an auto accident involving alcohol and thousands more sustained serious and debilitating injuries. Most DUI accident occur after dark, and an alcohol related accident is 5 times more likely to occur at night than during the day. Indiana has made considerable effort in the past 5 years to reduce the amount of drunk driving accidents that occur every year. Random checkpoints, increased public awareness through advertising, and increased police patrols have decreased the amount of DUIs and drunk driving accidents. However, drunk driving continues to be the leading cause of automobile related deaths in the U.S.

Economists have studied the effects of drunk driving accidents in an economic perspective and have determined the cost of drunk driving to our economy. Alcohol-related crashes cost an estimated $45 billion per year. It is also estimated that $70.5 billion is lost in quality of life due to these crashes. Keller & Keller only represents clients that have been adversely affected by a drunk driver. Our goal is to help restore any monetary loss sustained by our clients as a result of a negligent driver. Economic or monetary damage can include property damage, medical bills, foregone wages, and any other costs directly caused by or associated with the negligent acts of an intoxicated driver. Furthermore, Keller & Keller aggressively pursues compensation on behalf of our clients to ensure that damages, including pain and suffering, are properly addressed.

If you have been injured in an accident in which the adverse driver was under the influence of alcohol or drugs, an experienced attorney can advise you of your legal right to compensation. Keller & Keller has practiced injury law for over 70 years and has settled thousands of cases involving injuries caused by negligent drivers.

The acronym BAC literally stands for Blood Alcohol Content or Blood Alcohol Concentration. BAC is currently the most accurate method of accurately documenting the amount of alcohol that a person has consumed. In Indiana, a person who has consumed enough alcohol to receive a .08 BAC test cannot legally operate a vehicle. There is a substantial amount of scientific evidence to justify the enforcement of this law.

A driver with a BAC of .10 or greater is seven times more likely to be involved in a fatal motor vehicle accident than a driver who has not consumed any type of alcoholic beverage. A driver with an alcohol concentration of .15 or greater is about 25 times more likely than a sober driver. These numbers help to reveal the dangerous propensity of drunk driving.

Operating a vehicle while under the influence is both reckless and irresponsible and endangers every driver on the road. For this reason, Keller & Keller aggressively pursues drivers who have caused bodily injury or death while driving under the influence. If you have been injured by or involved in an accident caused by an intoxicated driver, immediate action must be taken to protect your legal right to compensation for sustained damages.

A BAC report performed by state, county, or local law enforcement must be obtained and will play a vital role in your case by providing evidence of the adverse driver's gross display of negligence by driving under the influence of alcohol. An experienced attorney can expedite this process as well as others throughout the process of obtaining compensation.

Keller & Keller has practiced injury law for over 70 years and has successfully represented clients who are victims of accidents involving impaired drivers. We have settled thousands of cases for clients located throughout the Midwest who have been injured by the negligence of others. Our experienced Indiana injury attorneys will be able to provide trusted legal advice and will work on your behalf while you focus on the most important process, restoring your health.

Dramshop, in the United States, is a legal term that refers to any type of establishment which sells alcoholic beverages. Most commonly, the term dramshop is used in reference to a bar or tavern.

Dramshop liability refers to the specific state and federal laws governing the liability of taverns, liquor stores, and other establishments that serve alcoholic beverages. Dramshop liability is usually assessed after a car accident or other type of accident is caused by an intoxicated person. Through dramshop liability, the bar or establishment that sold the alcohol to the intoxicated person that injured or killed another person may be held liable for selling alcohol to a visibly intoxicated person or minor.

The laws are intended to protect the general public from the hazards of irresponsible establishments serving alcohol to minors and intoxicated patrons. A 1993 study from the National Bureau of Economic Research found a minimal reduction in alcohol-related fatalities after the implementation of dramshop laws, however, even a small effect is a step in a positive direction.

Factors to consider when assessing the liability of an establishment include the following:

• Did the establishment serve a visibly intoxicated person? When a customer slurs words or shows other signs of drunkenness an establishment should exercise discretion when deciding whether to serve the patron another drink.
• Did the establishment promote drinking to excess? Different types of promotional events that involve selling large amounts of alcohol often show that the restaurant isn't concerned about the safety of its customers and the other drivers which they may endanger.
• Is intentionally try to "up-sell" alcoholic beverages a part of the establishment's marketing plan? Many bartenders and waitresses at establishments try to convince patrons to consume larger drinks or a greater number of drinks then they would have chosen to consume on their own.

Dram shop liability can be complicated and tedious and requires a law firm that is well versed in the set of laws in its state of practice. Dram shop laws differ from state to state and each state has its own unique challenges. Each case has its own set of unique challenges as well. Keller & Keller has practiced injury law for over 70 years and has acquired a broad range of experience. If you have been injured by the negligence of a drunk driver, our Indiana injury attorneys can help.

Auto accidents caused by an impaired driver are far too common and can have permanent and devastating impacts to the lives of the drivers involved. Since 1936, Keller & Keller has been ensuring accident victims that their rights are fully protected while we pursue their injury claim. Our firm has never wavered from the welfare of its clients—their best interests are our business.

Below is an example cases handled by the Indiana DUI attorneys at our firm. Each case is different, and past results are not indicators of future settlements:

May 17, 2005, our client, was a passenger in a vehicle driven by her friend that was headed northbound on a two-lane road. A drunk driver, southbound on the same road, crossed the center line and struck their vehicle head-on causing a devastating accident. Tragically, the driver of our client's vehicle died immediately at the scene. Our client was severely injured and was life-lined to the nearest hospital. At the hospital, X-rays were done and the diagnosis was severe. She had broken bones in her leg and foot and would require extensive surgery. She had broken multiple ribs and had sustained a pulmonary contusion. A large laceration on her head had required numerous staples and stitches to control the bleeding, but was stabilized at the hospital.

Our client underwent two major surgeries to repair the damage to her leg and foot before beginning the 6 month process of physical therapy and outpatient visits to the doctor. During this time, our office aggressively worked to uncover the facts of the accident and to determine liability. One factor that complicated this case was that the adverse driver was found guilty of driving under the influence and was sentenced to serve time in jail. Our attorneys worked with the authorities and the driver's insurance company for the chance to question the driver about what exactly happened on the night of the accident.

Keller & Keller was able to settle our client's case for the maximum limits provided under the insurance policy. Our client, however, was still experiencing health complications as a result of the accident. Her doctors had advised our office that our client would not be able to work in the near future and would require in-home care. Our client was concerned about making ends meet and wondered where her income would come from if she couldn't work.

Following the settlement, Keller & Keller referred her case to our Social Security Disability department where we managed her claim for disability benefits through Social Security.

Every case possesses a different time frame, projected value, and actual settlement. Keller & Keller has the experience necessary to accurately assess your case and determine the most efficient course of action. If you have been injured by a negligent or drunk driver, call the law offices Keller & Keller immediately to schedule a free consultation.