Reader Question

I live in Anderson, one night I went to my friend’s house for a party. There were some wines, champagnes and martinis to drink along while chatting with some oldies. I am not that drunk, I just drink around a glass of champagne that night and after an hour I drive myself home. I was driving fast since I am in a hurry to go home to watch over my little daughter who is 5 years old. An officer told me to pull over and I was talking to him he somewhat smell the alcohol as in my breath, and asked me to perform a test that is to walk on a straight line. I felt so dizzy while doing the test, so I walked on a crooked line and thus, was arrested and charged with DUI. I went through a chemical testing and it revealed that I had a blood alcohol concentration level of 0.07%.

Is there any way I can get out of this mess I am in? I don’t want to have a criminal record.

Robert, Anderson IN

Hi Robert,

Based on the story that you narrated, you were charged of DUI. The Indiana DUI law specifically stated that a person could be charged of such crime when your driving ability is impaired due to the consumption of alcohol. When the police officer smelled your breath with alcohol, it gave him the reason to let you do the walking on a straight-line test. Thus, you were charged with DUI.

But with the results of chemical testing, the blood alcohol concentration level is 0.07%, which is below the legal limit of 0.08%. You can only be charged with DUI in the state of Indiana when your blood alcohol concentration level exceeds the legal limit of 0.08%. There is a possibility that you will be acquitted of the crime charged against you.

But with winning or losing of your case will only depend on the lawyer that you hired. Hiring an Indiana DUI lawyer is the best that you can do in order to aid you with your defense and using the result of the chemical testing as strong evidence that will help you win the case.

Having a criminal record due to DUI that is charged against you will be dependent upon on how good your Indiana DUI lawyer is. So, the choice is yours. Get the best Indiana DUI lawyer and the chances are big that you will win the case.

Reader Question

I reside in Terre Haute and my friend as well. Two days ago, my friend was charged with DUI. He told me that he underwent a chemical testing and the officer chose urine to determine the blood alcohol concentration level. He was not assisted with any legal counsel when the chemical testing happened, since he was told that he couldn’t get a legal counsel during the test.

In Indiana, is it okay to have no legal counsel when undergoing a chemical testing?

Steven, Terre Haute IN

Steven,

With regard to your friend’s situation, sad to tell you indeed here at Indiana, the rules are strict when it comes to chemical testing. When the driver is told to submit himself to chemical testing he has no right or whatsoever to have a legal counsel right before the test is being undertaken. It is up to the officer to choose what to use in order to determine the level of blood alcohol concentration. The officer can choose to use the driver’s blood, breath, or urine.

With this being said, your friend should have a skillful Indiana DUI lawyer to assist him during the legal proceedings. From the moment that your friend is facing the criminal charges down to the giving of penalties or sanctions to the crime charged against him. In this way, your friend will have a chance to win the case with the aid of an Indiana DUI lawyer who knows this field very well.