When you drink and drive, you are putting not only yourself, but all those around you, at risk for serious injury and harm. Because of the dangers of driving while drinking or under the influence on drugs, the consequences are vast and always include hefty fines, a revoked license and often jail time.

While the consequences are often well known, many people are unsure of the difference between a DUI or DWI. Both of these terms are used equally when referring to drunk or under the influence driving and usually carry the same weight and lead to the same consequences. The acronym DUI stands for driving under the influence and DWI stands for driving while impaired. Most often, the main difference is that a DWI includes the use of drugs, but both offenses can be placed on a driver under any type of influence.

The true difference comes down to each state. Most states will use both terms interchangeably, while others have different meanings for each. For example, some states use the term DWI to refer to a charge that includes a blood alcohol content that is over the legal limit and use DUI for a charge that is not technically over the limit but still under the influence of drugs or alcohol.

Either way, getting pulled over for a DUI or DWI is a life-changing experience. Many people still associate these charges with drinking, but as drug usage continues to rise, the law has changed to include drug use as well. Standard field sobriety tests and Breathalyzers often do not show drug use, so an officer is able to charge you with impaired driving just by their suspicion alone. Once you arrive at the station, more significant testing will be done to determine if there is any type of substance in your body.

If you have been charged with a DUI or DWI, you are looking at hefty fines, a trial, possible jail time and higher auto insurance. The more serious your crime, the more serious your charges will be. No matter what term you were charged under, you are going to need an experienced DUI or DWI attorney on your side throughout the process. For more information about how the attorneys at Stewart & Stewart can help you after a DUI or DWI, give us a call at 1-800-33-33-LAW or visit our website for more information.

Drinking and driving is a major offense that has serious consequences. If you are caught drinking and driving, you could be facing fines, court appearances and even jail time. When you are stopped for drunk driving, you will receive either a DWI or a DUI. A DWI stands for driving while intoxicated and includes not only alcohol, but drugs as well, and a DUI stands for driving under the influence. Both of these are serious offenses and all who are stopped for a DWI or DUI will undergo similar treatment.

As soon as you are stopped and an officer suspects drinking or other substance is involved, you will be taken to the nearest police station. A police officer only needs a suspicion for this to occur and while many may perform sobriety tests on the spot, some will make the decision without these tests. Once you arrive at the station, you can either be bailed out or will be required to stay and sober up, depending on the state you were arrested in. At the same time of your arrest, the police officer will hand you a ticket. This ticket will state the day you must appear in court.

After your initial time at the police station, you will return home until your set court date. During the trial, you will stand before a jury who will hear your case. You can choose to plead guilty or not guilty during this time.

If you do plead, or are proven, guilty, you will face a variety of consequences:

• Suspended license: all states suspend a driver’s license if a person is drunk driving or driving while intoxicated. Some states allow drivers to continue to drive to and from work or school. The period of time that your license is suspended depends on your court case, your state and the outcome of your trial. If you do not cooperate with police on the scene, for example, you refuse to take the field sobriety test; your license can be suspended before your court hearing.
• Fines & fees: Even if no one was hurt and no property was damaged, all DWI and DUI cases come with a fine. The fines can be hefty and will vary depending on state-set maximums and minimums. If there was an accident that involved damage or injury, the fines will be much larger as you will have to pay out compensation.
• Driving school: Before you can get your license back, you must attend driving school and complete an alcohol and drug education program.
• Auto insurance increase: A special type of insurance is needed after a DUI or DWI called a SR-22. This type of insurance is usually double or even triple the amount a driver pays for regular insurance and is usually required for about three years.
• Jail time: Possibly the most alarming consequence of a DUI or DWI is the possibility of jail time. Some states now require jail time for drunk driving offenders. If you are a first time offender, you may be looking at a few days while repeat offenders or those involved in a deadly crash will face much more.

If you were pulled over and given a DUI or DWI, you will need an attorney on your side to fight for your rights and avoid long jail times and hefty fees. For more information about how the attorneys at Stewart & Stewart can help you after a DUI or DWI, give us a call at 1-800-33-33-LAW or visit our website for more information.

When we get into an accident, our first reaction is to figure out who was at fault. As attorneys, we use this information to determine the parameters of a claim and decide who will be paying who and for how much. Insurance companies hold fault to a high standard as well—an insurance claim will not hold any grounds if an attorney can not prove negligence or fault.

But what happens if that fault is shared? You may have experienced an accident with multiple cars—such as a pile up or chain reaction crash—or you yourself may be at fault for part of the accident. In both of these cases, the blame is shared among two or more people and the law can get a bit more complicated.

If you are involved in an accident and partially to blame, the first step is determining which legal ground your claim falls on: contributory negligence or comparative negligence.

Contributory Negligence: This is the law that states that if you had any fault in an accident, even if that fault was minor, you are not eligible to receive any compensation. This law is tough and often puts victims in a difficult position as they are unable to receive payment for medical bills, even if only 1 percent of the fault was proven to be theirs. Most states have let go of this law and instead opted for comparative negligence.

Comparative Negligence: This law looks at each person at fault and assess what percentage each party is at fault for. Whatever percentage is determined is the amount each party will have to the other party for injuries or lost wages. For example, if you were 40 percent at fault for an accident and suffered extensive injuries, the other party will only have to pay 60 percent of the costs to you. If they also suffered injuries, they will only receive 40 percent of the cost.

Modified Comparative Fault: Some states, including here in Indiana, follow the modified comparative fault law. This states that as long as the injured party was responsible for less than 50 percent of the accident, they can collect compensation (for the percentage determined) from the others involved in the accident. If you are proven to be more than 50 percent at fault, you are not eligible to receive any payments from the other party.

To determine who is legally liable for an accident, or at what percentage each party is liable for, an experienced accident attorney must be able to prove carelessness. They may be able to prove that the injured person, while careless, was not fully at fault and still requires compensation, but they can also prove that the manufacturer of the car is partially at fault or that the location of the accident was at fault due to a dangerous area or maintenance issue on the grounds.

If you are involved in an accident in Indiana and may be partially at fault, you will need an experienced attorney on your side to help you prove comparative negligence and get you the compensation you need for your injuries, damages and lost wages. The attorneys at Stewart & Stewart have extensive knowledge on comparative negligence, specifically here in Indiana, and will help you get the compensation you deserve. For more information, give us a call at 1-800-33-33-LAW or visit our website today.

Almost everyone, as a driver or passenger, has seen the “Baby on Board” sign in the back window of cars on our streets and highways. This sign is not only for other drivers on the road to know a child is in the car (so be extra careful), but it’s also for first responders. During an accident, that sign serves a pivotal purpose by letting EMTs and paramedics know that there is a child on board that may or may not be trapped in the vehicle. While the professionals know what to do once they arrive on the scene of a car accident, do you know what to do during and following? If you are involved in an accident where your child is injured, follow these important steps.

Stay Calm

An accident can cause blood pressures to spike and adrenaline to rush through the body creating momentary shock. For the child/children in the car, they are looking at you for guidance, so you remaining calm is the first step to making sure everything moves forward as smoothly as possible. If you’re able to move at all, get your car to the side of the road and out of the way of traffic to avoid any further damage to yourself or others.

Assess the Injuries

Children are more likely to appear absolutely fine at first. While this may give you peace of mind in the moment, it’s important to understand that it is also common for them to actually be suffering from internal injuries or injuries that may surface after an undesignated amount of time. If you notice your child acting differently following the accident, visit your primary care doctor or pediatrician. Typical noticeable actions would be excessive crying, restlessness, disinterest in toys, inability to eat or generally inconsolable. For these reasons, it is imperative that on the scene of an accident, medical personnel examine your child to reduce the risk of any immediate injuries becoming worsened.

Call the Police

While EMTs and paramedics are viewing your and your child’s injuries, it’s best to also call the police. Making a police report can become extremely helpful when determining fault or negligence. All paperwork filed pertaining to the accident should be kept on record for the longevity of a possible dispute. Make sure to give the police witness statements, timing of events and any information that may be used and needed in court documents. Provide contact information and try to get the contact information of all drivers involved. This allows for clear communication through all parties for insurance purposes as well.

Visit the Doctor & Report the Accident

Following the accident, it’s important to visit a doctor and report the accident to your insurance company. Visiting your doctor and your child’s pediatrician allows them to check into any injuries and see how any external or internal damages may be progressing following the accident. This visit will also help determine how much financial loss may have accrued from the accident itself. Informing your insurance company as soon as possible can alleviate the possibility of them not covering your accident fees. We suggest if dealing with an insurance adjustor at the scene or following the accident, it’s best to not sign anything or give them any statements.

Car accidents are traumatic events and for any child involved, they can be truly life-changing. When it comes to getting the help and service you deserve, you should call Stewart & Stewart Attorneys to represent you. We are Indianapolis accident attorneys that have experience with car accident cases involving children and will get you the money you deserve. No child should have to suffer because of the negligence of another person’s poor driving habits. For more information on what we can do for you and your child, please give us a call at 1-800-33-33-LAW or visit our website today.