Luisa White Law, LLCLuisa White Law, LLC2026-03-30T11:06:58Zhttps://www.luisawhitelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1204538/2022/09/cropped-site-icon-32x32.jpgOn Behalf of Luisa White Law, LLC<![CDATA[Can your prescription medication lead to an Indiana OWI charge?]]>https://www.luisawhitelaw.com/?p=471312026-01-15T14:51:20Z2026-01-15T14:51:20ZHow Indiana defines impaired driving
Under Indiana law, intoxication involves more than just a blood alcohol concentration (BAC) of .08 or higher. The state defines intoxication as being under the influence of a substance that results in an "impaired condition of thought and action" and the loss of normal control of your faculties.
Crucially, Indiana has two types of OWI charges. One is a "per se" charge for simply having certain substances in your system. For this specific charge, the Indiana Code provides a legal defense if you were taking the drug as prescribed.
However, the state can still charge you under the second type—impairment—if an officer believes the drug affected your ability to drive safely, regardless of your prescription status.
Medications that can trigger traffic stops
Many common medications can mimic the signs of alcohol impairment during a roadside evaluation. Police officers look for physical cues such as slow reaction times, slurred speech or poor balance. Certain classes of drugs are more likely to result in OWI investigations:
Benzodiazepines used to treat anxiety or panic disorders
Opioid-based painkillers prescribed for chronic or acute pain
Sleep aids that may cause lingering drowsiness the next morning
Muscle relaxants that can slow motor skills and coordination
Even when used exactly as directed, the presence of these medications in your system may lead an officer to mistake medical side effects for criminal intoxication. Combining these substances with even a small amount of alcohol can further complicate your situation by significantly increasing your level of impairment.
Defending against a prescription OWI charge
Facing a criminal charge for taking your medicine is incredibly stressful, and in many cases, unfair. You may feel like the system is punishing you for managing your health. Defending these cases requires assessing whether the medication caused the observed impairment or whether factors such as illness or officer error played a role.
Because the line between therapeutic use and legal impairment is thin, having skilled legal guidance is vital. An experienced DUI/OWI defense attorney can help you leverage the defenses available to prescription holders to protect your driving privileges and your reputation.]]>On Behalf of Luisa White Law, LLC<![CDATA[Drug schedules under Indiana law]]>https://www.luisawhitelaw.com/?p=469042025-07-11T18:11:23Z2025-05-16T21:51:29Z a series of "schedules." Schedule I drugs are considered to have no medical purposes and a high likelihood of abuse. Schedule II drugs are considered likely to be abused, but have some approved medical purposes. Schedule III have some potential for abuse and dependency, but are considered more useful for medical purposes. Schedule IV and Schedule V drugs follow the same pattern, with decreasing abuse risks and increasing medical usefulness.
Amounts involved
The penalties associated with a drug depend largely on the drug's schedule and the amount involved. However, there are some complicating factors.
For example, heroin is a Schedule I drug, and possession of any amount is treated as a felony. Indiana law recognizes several levels of felony charges, and the level gets more serious in cases involving greater quantities of the drug. More serious levels carry more serious penalties.
Methamphetamine is a Schedule II drug, but the amounts and penalties are largely the same as those for heroin, which falls under Schedule I.
Despite recent attempts to loosen restrictions, Indiana treats marijuana as a Schedule I drug. Still, possession charges for marijuana are much less severe than those for heroin. Possession of under 30 grams of marijuana is treated as a misdemeanor, which can mean up a year in jail. If the amount is over 30 grams, possession of marijuana can be treated as a felony.
The main difference between a misdemeanor and a felony is that felony can carry a prison sentence of one year or more, while the sentence for a misdemeanor only goes up to one year at the most. However, it's important to note that many drug charges also carry fines, and they can affect a person's life in other ways that linger well beyond any time they spend behind bars.]]>On Behalf of Luisa White Law, LLC<![CDATA[Mediation can save your time, your money and maybe even your sanity in divorce]]>https://www.luisawhitelaw.com/?p=469002025-02-17T23:50:38Z2025-02-17T23:50:38ZMediation can help break through an impasse
One way to get out of this situation is by calling a neutral third party. This is the role of a mediator.
Unlike a judge, a mediator does not make a decision in a case. Rather, the mediator facilitates the negotiation, helping the sides -- each represented by their own attorney -- to reach agreement.
The process can help in many kinds of legal disputes, and it is especially well-suited to divorce and family law.
Keeping a sense of control
In some cases, there may be advantages to letting a judge decide the issues in a divorce, but in most cases, the parties are better off deciding their issues on their own. After all, who knows better about their finances and their children, a judge or the parties who are actually involved?
When the parties are able to decide their issues on their own, they have a greater feeling of control over the outcome. This tends to reduce the feelings of bitterness that can linger after a divorce.
This is particularly important for divorcing parents of young children. These parents will have to continue to cooperate with each other on parenting issues for years to come. For the mental health of their children, it's important that they can remain civil with each other.
Time and money
Taking your divorce to court means waiting for the court to work you into its busy schedule. It can also mean court fees and preparation costs.
You can save some of that time and money if you negotiate your divorce settlement out of court. However, a difficult negotiation can take a long time, and its costs can add up. Among other advantages, mediation provides a way to reduce the time and cost of a negotiation.]]>On Behalf of Luisa White Law, LLC<![CDATA[You can refuse field sobriety tests in Indiana]]>https://www.luisawhitelaw.com/?p=468992024-11-22T20:09:53Z2024-11-22T20:09:53ZStandardized field sobriety tests
The National Highway Traffic Safety Administration recognizes three standard field sobriety tests: The one-leg stand test, the walk-and-turn test and the horizontal gaze nystagmus test (HGN).
The HGN test involves following an object with your eyes while keeping your head still. The walk and turn requires you to walk nine steps heel to toe, then turn around and walk the same nine steps the other way. The one leg stand requires you to stand and balance on one leg until the officer tells you to stop.
Police officers may not always use these three standardized tests. They might ask you to perform other tests designed to test your balance, coordination and memory.
These could include reciting the alphabet backward or counting backwards from 100. They might also ask you the same questions over and over to see if you provide different answers.
You have a right to refuse field sobriety tests. When you say no to the tests, the police officers cannot make you take them.
Why you should refuse field sobriety tests
It is usually in your best interest to refuse them. Field sobriety tests are inherently unreliable.
You stand a chance of failing field sobriety tests regardless of the level of alcohol in your system due to your anxiety or fear over the stop. The problem is that a failed field sobriety test gives police officers probable cause to arrest you for DUI.
Refusing the field sobriety tests can be difficult. Be clear about your refusal. Simply say “no” when asked to take the tests. The police officers should accept that answer and not keep repeating the request.
It is important to distinguish field sobriety tests from chemical tests, such as blood or breath tests. You could be asked to blow into a device that tests your blood alcohol level.
Why refusing chemical tests could be a bad idea
Although you can still refuse a chemical test, your Indiana driver’s license will be suspended for your refusal. It is generally best to submit to a chemical test and not risk a license suspension.
If you have not been drinking or believe that you are under the legal limit, the test results will show that. If you fail the test and are arrested for DUI, exercise your right to remain silent and ask for an attorney. There are potential defenses that may be available to you even with the failed chemical test.]]>On Behalf of Luisa White Law, LLC<![CDATA[Communicating with the other parent]]>https://www.luisawhitelaw.com/?p=468982024-08-16T20:48:17Z2024-08-22T19:45:14Z child custody and parenting time, you have probably already come across multiple references to communication with the other parent. Various sources tell you it's important to work closely with your ex to effectively co-parent your children.
And if you have seen that kind of advice, you may have been puzzled. After all, many couples split up because they can't effectively communicate with each other anymore. How are they supposed to suddenly communicate with each other now that they are divorced?
There's no simple answer to this question, but there are some key principles you should keep in mind:
Put your child first: Courts make child custody decisions based on their determination of the best interests of the child. So should you. If you are still annoyed at your ex, it can be hard to put that aside when you must negotiate child custody matters, but remember that you're trying to do what's right for your kid, and not just trying to win an argument. You don't have to be friends with your ex, but it's best to treat them with the kind of respect you might show to a co-worker.
Stick to business: When you're communicating with the other parent about child custody, maintain boundaries. Stick to the details of parenting. It may be a good idea to set a time limit for your conversations as well.
Don't put your child in the middle: It can be hard for kids to listen to their parents argue. It can also be hard on kids when one parent badmouths the other in front of their kid. And it's not good for anyone when divorced parents use their kids as go-betweens to deliver messages to the other.
Keep to a schedule: Stick to your plan as best you can. You may want to create an online calendar or other system so that both you and the other parent can keep track of when you're supposed to have the kid at your house, who is supposed to pick up the kid from school that day and other logistical details. Obviously, schedules can change and emergencies can come up, but the closer you can keep to your plan, the better.
Get it in writing: When you and the other parent disagree on something related to child custody, it's a good idea to document the disagreement in writing, with dates. If your disagreement comes up in a phone call or in person, write and send an email or letter to the other parent describing the disagreement as you understood it. The point here is not to win the argument at this point, but to make sure you both remember the details of the dispute. This kind of documentation also helps in case you need to go to court to resolve the issue.
None of this is easy, but as long as you and your ex can agree to put your child's needs first, and to treat each other with common courtesy, you can make it work. And, if you're having trouble with that, seek out help from a therapist or other professional who has experience with co-parenting.]]>On Behalf of Luisa White Law, LLC<![CDATA[Understanding the Indiana divorce process]]>https://www.luisawhitelaw.com/?p=468932024-05-28T21:35:36Z2024-05-28T21:35:36Zunderstanding of the Indiana divorce process can help ease your mind and answer many of your questions. Remember that the divorce process is temporary and your divorce will eventually be finalized, while staying in a bad marriage is not.
Let go of any assumptions you have
First, forget anything you have heard or been told about how horrible the process is. Just as everyone’s marriage is different, so is everyone’s divorce.
Perhaps you know someone who went through a particularly bad divorce that dragged on for years. Know that this is not the case with all divorces.
In fact, you and your spouse largely control the process. Many times, complications are the result of the spouse’s behavior or actions. In theory, the divorce process is straightforward. Someone files a divorce petition, the required waiting period passes and a court issues you a divorce order.
Typically, the most complex parts of the process are property division and child custody. If you do not have children, you will still likely need to handle property division.
Filing and serving the petition
The first step in the process involves filing a petition for dissolution of marriage. The petition must contain certain information, including the grounds for dissolving the marriage.
Although there are specific grounds you can allege, such as incurable insanity or impotence, the general “catch-all” grounds are an irretrievable breakdown of the marriage. This means your marriage has gone beyond the reasonable prospect of reconciliation.
The spouse who files the petition is called the petitioner and the spouse who receives the petition is called the respondent. The petitioner must serve the respondent with the divorce petition.
If your spouse agrees with the divorce, they can simply sign a document acknowledging service. Otherwise, they can be served by certified mail or a process server.
A divorce cannot be finalized until 60 days have passed since the filing of the petition for dissolution. The purpose of this waiting period is to allow both spouses to confirm divorce is what they truly want and provide time for matters such as property division or parenting time to be negotiated.
Property division and parenting time
Indiana law requires marital property to be divided in a just and reasonable manner. Marital property is generally all property acquired during your marriage.
Marital property is typically divided equally, as courts often consider that to be just and reasonable. There may be some cases where an unequal division of marital property is appropriate.
These are the issues you will address during your 60-day waiting period. You and your spouse will identify your marital property and try to agree on a value for each, as well as how it will be divided. The same concept applies to marital debts. You will also use this time to agree on a parenting time arrangement if you have children.
If you do not reach a complete agreement, your divorce will be scheduled for a hearing in front of a judge who makes these decisions for you. If you do reach an agreement, the terms of the agreement are usually put in writing and filed with the court.
Once the 60-day waiting period is over, your divorce is final. The process usually takes longer if you have no agreement and go to a hearing.
]]>On Behalf of Luisa White Law, LLC<![CDATA[Alternatives to jail for drug crimes]]>https://www.luisawhitelaw.com/?p=468912024-03-05T22:56:22Z2024-03-05T22:56:22ZOvercrowded jails
Indiana's population of inmates has grown 60% since 2000, greatly outpacing the state's overall population growth. The majority of these prisoners are relatively low-level offenders, but they are forced to serve long sentences under the state's harsh drug laws. This has led many jails to be filled to 80% capacity or more, at which point it becomes difficult for staff to protect the basic safety of inmates -- let alone to provide them with drug or mental health treatment.
State lawmakers have added to the problem. Ten years ago, Indiana passed a law requiring all those convicted of Level 6 felonies who are sentenced to less than a year to serve their time in a county jail. These facilities were intended to hold defendants for short periods of time while they awaited trial, but now they must serve as prisons. One small county jail that was built to hold 34 people now sometimes holds more than twice that many.
Meanwhile, the state has provided little in the way of new funding for these jails to handle the influx of new inmates. And even when state or local authorities provide funding, the money often goes toward building new jails, when many law enforcement personnel say the money would be better spent if it went toward mental health and drug addiction treatment.
Tippecanoe County Community Correction
The problems are very big and very complicated, but some local governments have programs designed to help.
In Tippecanoe County, the Community Corrections program provides alternatives to incarceration, including home detention. Community Corrections also coordinates counseling, community service restitution and other programs designed to alleviate overcrowding and improve the health of defendants.
Some counties have more elaborate programs meant to provide treatment to people suffering from addiction, rather than shoving them behind bars. Unfortunately, these programs aren't always well-funded or easy to access.
Anyone who is facing drug charges in Indiana can benefit from speaking to experienced professionals about possible alternatives to incarceration.]]>On Behalf of Luisa White Law, LLC<![CDATA[Understanding your right to remain silent]]>https://www.luisawhitelaw.com/?p=468882023-12-08T19:16:26Z2023-12-05T18:12:18ZThe right to remain silent
The right to remain silent stems from the Fifth Amendment to the U.S. Constitution, which, among other protections, provides that people cannot be forced to serve as a witness against themselves. This works together with the right to an attorney, which stems from the Sixth Amendment. In other words, a person being interrogated by the police has the right to remain silent and have a lawyer represent them.
These are sometimes called the Miranda rights, after a U.S. Supreme Court case in which a man confessed to a crime after being interrogated by police for two hours. Police coerced the man, Ernesto Miranda, into signing a confession in which he claimed to be aware of his rights, but in fact they had never advised him of his right to an attorney. Because of this, the Supreme Court ruled that Miranda had not voluntarily waived his rights.
When must the police read Miranda rights?
Despite the impression you might get from those television shows, the police do not necessarily have to read a person their rights as soon as they arrest them. Rather, the police must read the rights when the person is in custody and at some point before they are interrogated. In this context, "in custody" means the person has been taken to jail . To be "interrogated" means to be questioned about an alleged crime.
Police do not have to read Miranda rights to a person suspected of drunk driving until after they have taken the person into custody, but they must do so before questioning the person about the alleged crime. If they fail to do so, the defendant may be able to have the court suppress any evidence obtained during the interrogation.
Invoking your rights
As strange as this may seem, you must speak up in order to exercise your right to remain silent. If you say nothing at all, a court may find that you have not invoked your rights. You must tell the police that you wish to remain silent and wish to speak to an attorney.
However, merely saying you wish to exercise these rights is not enough; you must carry through. You can waive your rights if you continue to answer police officers' questions after invoking your rights. This is important to remember because police often try to keep people talking in order to gather more evidence against them.]]>On Behalf of Luisa White Law, LLC<![CDATA[Parenting time in Indiana]]>https://www.luisawhitelaw.com/?p=468822023-09-06T20:12:45Z2023-08-30T19:01:18ZIndiana's guidelines
Indiana spells out many of the principles behind the state's child custody laws in the Indiana Parenting Time Guidelines.
First off, note that Indiana courts decide child custody matters based on their understanding of what is in the best interests of the child. As the guidelines make clear, Indiana law presumes that it is in the best interests of the child to have frequent and continuing contact with both parents.
This presumption affects even the terminology the state uses, Indiana uses the term "parenting time" where many other states use the term "visitation" because state law emphasizes the idea that both parents should be actively engaged in raising their child even when they don't live with them full-time.
Note that this is a presumption. That means that there are cases in which one parent can rebut the presumption. For instance, in cases where one parent has been abusive, the other parent may petition the court to limit or even cut off the other parent's parenting time.
Parenting plans
Along with this emphasis on parenting time comes the need for a parenting plan. The parents must work out a plan for how they will share their parenting time and duties.
Included in the parenting plan are a schedule for who will have physical custody of the child at what times. Depending on the circumstances, it may provide general guidelines or go into great detail about how the parents will communicate with each other and how they will co-ordinate pickups and drop-offs.
Resolving disputes
It's also a good idea for a parenting plan to address how the parents will resolve any disputes when they arise. The state guidelines encourage parents to resolve parenting time issues themselves without going to court, if necessary. Courts also encourage parents to use mediation to resolve disputes rather than going through courtroom litigation.
Of course, there are some cases in which the parents simply cannot resolve things on their own and may need the court to render a decision.
None of this is easy. It's good to know that you don't have to go through it all alone. Legal professionals can help.]]>On Behalf of Luisa White Law, LLC<![CDATA[The real-life consequences of DUI]]>https://www.luisawhitelaw.com/?p=468752023-05-12T14:52:58Z2023-06-08T14:47:52ZStatutory penalties
The severity of the statutory penalty for getting a DUI depends on how high the motorist’s blood-alcohol concentration (BAC) was, the age of the motorist, whether the motorist has a past DWI, if a minor was in the vehicle at the time and whether the motorist caused a serious or fatal drunk driving crash.
If it is your first DUI and your BAC is between 0.08% and 0.15%, you could be jailed for 60 days and fined $500.
But if your BAC was 0.15% or above and you caused a fatal drunk driving crash, you could be jailed for up to 12 years and fined up to $10,000.
In addition, you will lose your driver’s license for a period spanning from 90 days to 10 years, depending on the severity of your DUI.
Other consequences
Going to jail and being fined can seriously impact your life, as they take away your freedom and hard-earned money. In addition, there are real-life consequences to getting a DUI that lie outside of the official sentence imposed by the court.
For example, if you get a DUI, you could lose your job. If you are jailed, you cannot show up for work, and enough no-shows often means a person gets fired. If you must drive as part of your job duties, and your license is suspended because of a DUI, it is likely your employer will decide to let you go as you cannot perform the essential component of your job.
In addition, if you get a DUI and want to rent an apartment, the landlord might not be so willing to accommodate you. New tenants are often subject to a background check, and some landlords are not willing to rent an apartment to someone with a DUI on their record. If you planned on living in subsidized housing, this might no longer be an option now that you have a DUI.
A DUI could cause you to lose custody of your child. Rhode Island courts always consider the best interests of your child in custody proceedings. A court might question whether the child is safe and well-cared for by someone who might have an alcohol addiction and has a criminal history involving alcohol. Fortunately, you can mitigate this by seeking treatment for alcohol misuse.
The penalties for getting a DUI can be handed down by a judge or they can be handed down by society. Fortunately, there are many ways to defend yourself if you are charged with DUI and reduce or eliminate many of the negative consequences of your arrest.]]>