Reader’s Question:

A friend of mine was charged with DUI here in Evansville, Indiana. She told me that her DUI lawyer has several defenses that will be brought out on her trial. She said that there are factors other than alcohol hat can cause poor performance on DUI field sobriety tests. What are these factors that can result to unfair test?

Geneva

Evansville, IN

Your friend seems to have a good DUI lawyer. This kind of lawyer knows that DUI convictions are not hopeless and it can be realistic to fight and win against a DUI charge in Evansville, Indiana. Pleading guilty to the DUI charge is not the answer in most circumstances.

Even if your friend performed less than perfectly on the DUI field sobriety tests (FST), this may be attributable to unfair test conditions such as having a distraction of flashing lights and traffic whizzing by, the test may have occurred on uneven surfaces or slippery terrain, the test area being too dark or amidst glaring lights, cold temperatures, rain or wind, unsuitable footwear-such as boots, high heels or dress shoes or nervousness, anxiety and/or frustration.

Under these conditions, most people who had nothing to drink would still struggle with the FST’s. Even if your friend struggled on the roadside tests, this may well be attributable to the setting and circumstances rather than attributable to her being intoxicated. This is often enough, when combined with a skilled DUI defense lawyer to raise reasonable doubt in jurors’ minds as to whether or not she was indeed intoxicated.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

It was just out of curiosity that prompted me to ask you this. I overheard my sister and my father talking about SR22 auto insurance and that my father needs to get a cheap one. Is this because he has a DUI conviction here in Fort Wayne, Indiana and how can he find a cheap SR22?

Ella

Fort Wayne, IN

I must say, yes, your father needs to file for SR22 auto insurance because of his DUI conviction in Fort Wayne, Indiana. SR22 is a form that is a proof that your father has the minimum liability limits for his vehicle. SR22 is a certificate of financial responsibility required by the Department of Motor Vehicles (DMV) for “high risk” drivers and in your father’s case, he is now considered as a high risk driver because of his DUI conviction.

Not all insurance companies offer this type of insurance but many insurance companies are willing to offer SR22 but for a higher price so it would really be hard for your father to find a cheap SR22 auto insurance. He can try by checking first with his insurance company if he is currently insured. Let the insurance company know your father needs SR22 auto insurance and obtain the paperwork to turn into the DMV and the insurance company will do the rest. Most people only need SR22 auto insurance for a 3-year time period. But if your father is currently not insured or his insurance company does not offer SR22 auto insurance, I have to say that the best way to find cheap car insurance rates is to compare quotes from multiple insurance companies.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

I have never been caught drunk driving here in Indiana though to be honest, I do drink and drive sometimes. If I will be asked to stop because of a DUI suspicion, what will the officer ask me to do and what usually happens during a DUI arrest?

Nolee

Anderson, IN

A chain reaction of legal steps ensues if you will be caught by a police officer driving under the influence in the highways of Indiana. Drunk driving is a very serious offense and the law has strict penalties for people who will be proven guilty of the charge.

So, if a law enforcement officer asks you to stop because of a DUI suspicion, you will generally be asked to perform field sobriety tests (FST) or an actual sobriety test to measure your level of intoxication. Various testing options exist including breath, blood and urine. The state of Indiana has an implied consent law which means that if you are driving, you are implying consent to take an alcohol test on the spot if requested. The motorist usually has a choice of tests. The breath test is easier to fault for accuracy than blood test but breathalyzers do not scan for the presence of other drugs. If you refuse the test or have a blood alcohol content (BAC) level over the limit of .08 percent, the police officer would probably take you into custody at the local police station. Depending on previous charges, it is likely that someone would have to pick you up or you will have to sleep overnight at the station to sober up.

Tags: DUI, DUI lawyer

Reader’s Question:

I heard that I can be charged with DUI here in Indiana with any amount of alcohol in my blood, even if it is within the legal limit. I usually go for just one drink and drive myself home especially on Friday nights. How can I avoid a DUI stop by police?

Agatha

Muncie, IN

You’re right, Agatha. You can be charged with DUI in Indiana with any measurable amount of alcohol in your blood, which means that even if it is within the legal limit. So, you have to follow some measures so that you won’t lose your driving license and gain a criminal record.

Keep your vehicle in good operating condition as a responsible driver. After stopping for that drink with friends and before driving, you have to make sure that your headlights, tail lights, license plate illumination and brake lights are all working properly.

Be extra aware of your driving and obey the rules of the road. Don’t ever speed, but don’t drive under the speed limit as well, don’t change lanes more than necessary, signal well in advance of turns, signal your lane changes and stop completely at stop signs.

You also have to avoid areas associated with alcohol consumption like bars and clubs. I suggest that you take another route. Police may also be well monitoring the roads near stadiums and other sports venues for drunk drivers. So even if you have to go out of your way, find another way home.

The only absolute way to avoid a DUI conviction is to never even smell a glass of beer or a drink before driving. But if it is unavoidable, be sensible and cautious and follow these simple guidelines and avoid a DUI conviction that could have a very ugly impact on your life.

Tags: DUI, DUI lawyer

Reader’s Question:

I was charged with DUI here in Hammond, Indiana. I’m trying to find a DUI lawyer who will help me defend my case. What are the things that I should be wary about when hiring a DUI lawyer?

Brett

Hammond, IN

It would be a smart move for you to hire the services of a DUI lawyer if you have been charged with DUI in Hammond, Indiana. If you will be proven guilty, the penalties for a DUI sentence are actually stiff. That’s why you will need legal help in defending your DUI case. A DUI lawyer can help you reduce the charges against you or can even help you to have the charges dropped. When hiring the services of a DUI lawyer, you need to be aware of a number of things to consider. This means that you should know what you should be wary about when dealing with lawyers.

One of the things that you should be careful about is the “sweet talker” because this type of lawyer would guaranty you the best outcome on your DUI case. These lawyers are usually only after the acceptance fee or the retainer’s fee you would give them. Another thing that you should be careful about would the overextended lawyer. This kind of lawyer does not have the time to effectively handle your case because he is handling too many other DUI cases.

Tags: DUI lawyer

Reader’s Question:

I was convicted for DUI here in Indiana and was told by a friend that my car insurance would likely go up and that I need to file SR22 insurance. What is an SR22 and what is the reason behind my increase?

Josh

South Bend, IN

If you were convicted of DUI in Indiana, don’t be too much surprised that your auto insurance would likely go up. The reason behind it is that you are already being considered as a high risk driver. You have just become a major risk and concern the auto insurance companies in general and they all do not offer DUI car insurance.

Most likely, you would be dropped from your current carrier and you must begin the search for new coverage. If they retain you and they are willing to keep you on board, you will find out that it’s because of an enormous rate hike, which is just another reason to begin the search to find a better deal if that’s even possible.

An SR22 is a form that you need to file so that your license could be reinstated. SR22 form provides proof that people convicted with DUI or the so-called high risk drivers have obtained auto insurance that meets minimum liability requirements. It also makes sure your auto insurance company will let the Department of Motor Vehicles know if your policy lapses - and that’s for any reason. This SR22 normally lasts for three years.

Most auto insurance carriers do not normally offer SR22 insurance fillings for DUI offenders. You should begin you search for insurance companies who handle high-risk or non-standard policies.

Reader’s Question:

After weighing things out, I came to a decision that I will be hiring a lawyer who specializes in the charges against me. Just a few days ago, I was charged with DUI here in Indiana. Since I have already decided, how will a find a DUI lawyer who would help me in my case?

Angelo

Fort Wayne, IN

That would be a smart decision, Angelo. If you have been charged with DUI in Indiana, you should hire a competent and reliable lawyer who can fight against your charges and prove that you are innocent. DUI is a very serious traffic violation for which you may be seriously penalized.

There are a few things that you have to keep in mind in finding a DUI lawyer who would best help you in your case. You can check out online directories to get the list of Indiana DUI attorneys available. There are various lawyers that have the skill and expertise to defend you against your DUI charges. You may also want to speak with members and friends. They could be able to help and guide you about the lawyers best suited for your DUI case. You have to look for only attorneys who are specialized in DUI cases. They would know about the latest legal developments and will be able to guide you better. Lastly, you have to meet a few of the attorneys and consult them about your DUI case. This will give you an idea about how knowledgeable they are and about whether you feel comfortable working with them or not. If the lawyer is judgmental or too harsh, you will not feel comfortable and this may not work the case against you.

Reader’s Question:

My brother is a member of the armed forces and he was charged with a military DUI here in Indiana. Is it the same as the state’s DUI? Are the penalties also the same?

Roxanne

Gary, IN

If your brother is a member of the armed forces and was arrested for DUI in Indiana, the consequences and process can be much different than someone who faces a civilian charge. A military court could use the state’s legal blood alcohol limit, which is 0.08 percent BAC, for a military DUI. But military courts are not limited to the state of Indiana’s legal limit. If his BAC is lower than the state’s legal limit, but the military court feels it was enough to impair his ability to operate a vehicle, he can still be charged with a military DUI.

A military court will try his military DUI unlike civilian DUI. This means that he’ll need an attorney that understands military law and military DUI. It’s very important that he gets an attorney to assist him with the military DUI as quickly as possible. Military court will move much faster unlike civilian court proceedings that tend to stretch out over a long period of time.

A DUI sentence is limited to community service, jail time, fines, loss of license, community service, and DUI programs in a civilian trial. Military DUI does not have a maximum legal sentence so the court would be able to decide the sentence. A military DUI conviction could result in fines, dishonorable discharge, a rank reduction, a pay deduction, loss of security clearance and imprisonment. At the very least, he may receive a formal reprimand for a military DUI. Less severe but still serious consequences of a military DUI include the inability to increase in rank or pay grade. His military DUI conviction would become part of his permanent military record.

Reader’s Question:

My daughter was charged with DUI here in Indiana and this is her first offense. I don’t want to talk it through my husband again but according to our lawyer, my daughter might avoid prison and she might just be under probation. What are the things that she would have to do if she will be under probation?

Sheryl

Indianapolis, IN

The law in Indiana is somewhat lenient to first time DUI offenders. It calls for jail sentence technically, but first time DUI offenders usually have this sentence suspended and they are put on probation. That means that the DUI offender is subject to community supervision. This usually lasts one to two years. The DUI offender should obey the judge’s order or the suspension can be revoked and that means the offender can face a jail term.

More often, a condition of probation demands that the DUI offender must not drink alcohol or violate the law. It is also necessary for the DUI offender to maintain a job and follow all the laid down for the probation period. This also includes reporting to the prison office usually once a month.

In case your daughter would be on probation, she also has to pay fees which include the fine, monthly probation fees and court expenditure on time.

The main purpose of probation is to educate the DUI offender to the consequences of driving under the influence. It is also mandatory for the offender to attend a DUI school.

Reader’s Question:

My sister has an outstanding DUI warrant here in Indiana which seems to be forgotten already by the authorities because it has been quite a while now since the arrest. She was able to post bail but she wasn’t able to appear in court. What happens to her outstanding DUI warrant? Would it be forgotten forever?

Gwen

Fort Wayne, IN

Generally, when a driver is arrested for DUI, he/she is able to post bail and get out of jail and later required to show up in court for a hearing on the DUI case. If the suspect fails to show up in court, a warrant for their arrest will be issued.

Many of these DUI warrants go unserved for a period of time, but keep in mind that they never go away. In the state of Indiana, there is no statute of limitations on a warrant. Eventually, your sister would still have to face the charges against her. Since she has skipped out on her DUI trial, she can assume that most likely there has been a warrant issued for her arrest.

DUI warrants are usually not immediately served as soon as they are issued because of limited police resources in many areas. DUI warrants are generally considered low priority. Just because the police did not come knocking on her door does not mean that it will be forgotten forever.